Minn. Stat. § 299F § 299F.362

SMOKE ALARM; INSTALLATION; RULES; PENALTY.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 9/30/2026MinnesotaCO & Smoke Alarms

Operative Text

Minn. Stat. § 299F § 299F.362
Subdivision 1.Definitions.
For the purposes of this section, the following definitions shall apply:

(a) "Apartment house" is any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the building, and shall include buildings containing three or more flats or apartments.

(b) "Dwelling" is any building, or any portion thereof, which is not an apartment house, lodging house, or a hotel and which contains one or two "dwelling units" which are, or are intended or designed to be, occupied for living purposes.

(c) "Dwelling unit" is a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation, or a single unit used by one or more persons for sleeping and sanitation pursuant to a work practice or labor agreement.

(d) "Hotel" is any building, or portion thereof, containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests.

(e) "Lodging house" is any building, or portion thereof, containing not more than five guest rooms which are used or are intended to be used for sleeping purposes by guests and where rent is paid in money, goods, labor, or otherwise.

Subd. 2.Rules; smoke alarm location.
The commissioner of public safety shall promulgate rules concerning the placement of smoke alarms in dwellings, apartment houses, hotels, and lodging houses. The rules shall take into account designs of the guest rooms or dwelling units.

Subd. 3.Smoke alarm for any dwelling.
Every dwelling unit within a dwelling must be provided with a smoke alarm meeting the requirements of the State Fire Code. The smoke alarm must be mounted in accordance with the rules regarding smoke alarm location adopted under subdivision 2. When actuated, the smoke alarm must provide an alarm in the dwelling unit.

Subd. 3a.Smoke alarm for new dwelling.
In construction of a new dwelling, each smoke alarm must be attached to a centralized power source.

Subd. 4.Smoke alarm for apartment, lodging house, or hotel.
Every dwelling unit within an apartment house and every guest room in a lodging house or hotel used for sleeping purposes must be provided with a smoke alarm conforming to the requirements of the State Fire Code. In dwelling units, smoke alarms must be mounted in accordance with the rules regarding smoke alarm location adopted under subdivision 2. When actuated, the smoke alarm must provide an alarm in the dwelling unit or guest room.

Subd. 5.Maintenance responsibilities.
For all occupancies covered by this section where the occupant is not the owner of the dwelling unit or the guest room, the owner is responsible for maintenance of the smoke alarms. An owner may file inspection and maintenance reports with the local fire marshal for establishing evidence of inspection and maintenance of smoke alarms.

Subd. 5a.Inform owner; no added liability.
The occupant of a dwelling unit must inform the owner of the dwelling unit of a nonfunctioning smoke alarm within 24 hours of discovering that the smoke alarm in the dwelling unit is not functioning. If the occupant fails to inform the owner under this subdivision, the occupant's liability for damages is not greater than it otherwise would be.

Subd. 6.Penalties.
(a) Any person who violates any provision of this section is subject to the same penalty and enforcement mechanism that is provided for violation of the State Fire Code, as specified in section 299F.011, subdivision 6.

(b) An occupant who willfully disables a smoke alarm or causes it to be nonfunctioning, resulting in damage or injury to persons or property, is guilty of a misdemeanor.

Subd. 7.Local government preempted.
This section prohibits a local unit of government from adopting standards different from those provided in this section.

Subd. 8.
[Repealed, 1991 c 199 art 1 s 67]

Subd. 9.Local government ordinance; installation in single-family residence.
Notwithstanding subdivision 7, or other law to the contrary, a local governing body may adopt, by ordinance, rules for the installation of a smoke alarm in single-family homes in the city that are more restrictive than the standards provided by this section. Rules adopted pursuant to this subdivision may be enforced through a truth-in-housing inspection.

Subd. 10.
MS 1988 [Repealed, 1989 c 322 s 5]

Subd. 10.Public fire safety educator.
The position of Minnesota public fire safety educator is established in the Department of Public Safety.

Subd. 11.Insurance claim.
No insurer shall deny a claim for loss or damage by fire for failure of a person to comply with this section.
Source: Legislative text reproduced verbatim
Plain English

Minn. Stat. § 299F.362 establishes requirements for smoke alarm installation, placement, and maintenance across dwellings, apartment houses, hotels, and lodging houses in Minnesota. The law sets out who bears responsibility for keeping alarms functional, requires that new dwellings connect alarms to a centralized power source, and creates penalties—including misdemeanor liability—for willfully disabling a smoke alarm that results in damage or injury. Notably, insurers are prohibited from denying fire-loss claims solely because someone failed to comply with this section.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 30, 2026

Plain English — not legal advice.

For Property Managers

Under Minn. Stat. § 299F.362, property owners who rent out dwelling units, apartment units, hotel guest rooms, or lodging house rooms are responsible for the maintenance of smoke alarms when the occupant is not the owner. Compliant operators generally ensure alarms meet State Fire Code standards, are mounted according to the commissioner of public safety's placement rules, and are documented through inspection and maintenance reports filed with the local fire marshal. Owners of newly constructed dwellings also ensure each smoke alarm is connected to a centralized power source.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Minn. Stat. § 299F.362 gives renters the right to a properly installed and maintained smoke alarm in their dwelling unit or guest room, with the owner bearing maintenance responsibility. Tenants are required to notify the owner within 24 hours of discovering a nonfunctioning alarm; willfully disabling an alarm that results in damage or injury can expose an occupant to misdemeanor liability. Renters who believe their owner is not meeting smoke alarm obligations may consider contacting the local fire marshal or a tenant-rights organization to understand available complaint and enforcement options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 30, 2026
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References Out

Rules and statutes cited by this regulation

Minn. Stat. § 299F.011
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Related Rules

§ 26C
Certain public accommodations; automatic smoke or heat detectors
§ 26D
Definitions applicable to Secs. 26D to 26F
§ 26E
Residential buildings or structures; installation of smoke detectors

Source Information

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