Cal. Civ. Code § 22-11-18-3.5
Dwellings; installation of smoke detectors
Operative Text
Sec. 3.5. (a) This section only applies to dwellings. (b) A rule or an ordinance is not voided or limited by this section if the rule or ordinance: (1) applies to an occupied dwelling; and (2) is at least as stringent as the requirements of this section. (c) A dwelling must have at least one (1) functional smoke detector installed as follows: (1) According to the manufacturer's instructions. (2) Outside of each sleeping area in the immediate vicinity of the bedrooms. (3) On the ceiling or a wall not less than four (4) inches or more than twelve (12) inches from the ceiling. However, a smoke detector may not be recessed into a ceiling. (4) On each additional story of the dwelling, including basements, cellars, and habitable attics. Unless there is a door between levels in dwellings with split levels, a smoke detector must be installed only on the upper level if the lower level is less than one (1) full story below the upper level. (d) All smoke detectors must be: (1) battery operated or hard wired into the dwelling's electrical system; (2) accessible for servicing and testing; and (3) maintained and at least one (1) time every six (6) months tested by the occupant to ensure that the smoke detector is in operational condition. (e) Each owner or the manager or rental agent of the owner is responsible for: (1) the installation of a required smoke detector; and (2) the replacement and repair of a required smoke detector within seven (7) working days after the owner, manager, or rental agent is given written notification of the need to replace or repair the smoke detector. (f) A person may not tamper with or remove a smoke detector except when necessary for maintenance purposes. (g) A unit (as defined in IC 36-1-2-23) may adopt an ordinance concerning dwellings that: (1) includes more stringent or detailed requirements than those set forth in this chapter; and (2) does not conflict with this chapter.
Indiana Code § 22-11-18-3.5 establishes minimum standards for smoke detector installation and maintenance in dwellings. At least one functional smoke detector must be placed outside each sleeping area, on each story (including basements and habitable attics), and mounted on a ceiling or wall within a specific height range from the ceiling. Owners are responsible for installation and must repair or replace a detector within seven working days of receiving written notice, while occupants are responsible for testing detectors at least once every six months. Local governments may adopt stricter ordinances without conflicting with this state law.
Plain English — not legal advice.
Under Ind. Code § 22-11-18-3.5, property owners, managers, and rental agents bear direct responsibility for ensuring that required smoke detectors are properly installed in each covered dwelling according to manufacturer instructions and the statute's placement requirements. When a tenant provides written notification that a detector needs repair or replacement, a compliant operator generally acts within the seven-working-day window specified by the provision. Keeping records of written notices received and maintenance actions taken is a practice commonly associated with demonstrating compliance with this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 22-11-18-3.5 gives occupants the right to live in a dwelling equipped with properly installed, functional smoke detectors, and places the duty of installation and repair squarely on the owner or their agent. If a smoke detector is non-functional or missing, providing written notification to the owner, manager, or rental agent starts the seven-working-day repair clock established by this provision. Tenants who believe this requirement is not being met may consider contacting a local tenant-rights organization, a local housing or code enforcement office, or consulting an attorney to understand available remedies, including whether a local ordinance offers additional protections.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API