Cal. Civ. Code § 101.145
Smoke detectors.
Operative Text
101.145 Smoke detectors. (1) Definitions. As used in this section: (a) “Residential building” means any public building which is used for sleeping or lodging purposes and includes any apartment house, rooming house, hotel, children’s home, community-based residential facility or dormitory but does not include a hospital or nursing home. (b) “Sleeping area” means the area of the unit in which the bedrooms or sleeping rooms are located. Bedrooms or sleeping rooms separated by another use area such as a kitchen or living room are separate sleeping areas but bedrooms or sleeping rooms separated by a bathroom are not separate sleeping areas. (c) “Smoke detector” means a device which detects particles or products of combustion other than heat. (d) “Unit” means a residential building or that part of a residential building which is intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others. (2) Approval. A smoke detector required under this section shall bear an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization. (3) Installation and maintenance. (a) The owner of a residential building shall install any smoke detector required under this section according to the directions and specifications of the manufacturer of the smoke detector. (b) The owner of a residential building shall maintain any such smoke detector that is located in a common area of that residential building. (c) The occupant of a unit in a residential building shall maintain any smoke detector in that unit, except that if an occupant who is not an owner, or a state, county, city, village or town officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that a smoke detector in the unit is not functional the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that smoke detector functional. (4) Requirement. The owner of a residential building the initial construction of which is commenced before, on or after May 23, 1978, shall install and maintain a functional smoke detector in the basement and at the head of any stairway on each floor level of the building and shall install a functional smoke detector either in each sleeping area of each unit or elsewhere in the unit within 6 feet of each sleeping area and not in a kitchen. (5) Penalty. Whoever violates this section shall forfeit to the state not more than $50 for each day of violation. (6) Department inspection and orders. The department may inspect all residential buildings, except the interior of private dwellings, as may be necessary to ensure compliance with this section. The department may inspect the interior of private dwellings at the request of the owner or renter as may be necessary to ensure compliance with this section. The department may issue orders as may be necessary to ensure compliance with this section.
Wisconsin Statute § 101.145 establishes rules for smoke detector installation and upkeep in residential buildings—including apartment houses, rooming houses, hotels, dormitories, and similar lodging facilities, but not hospitals or nursing homes. Building owners are responsible for installing approved smoke detectors in basements, at stairway heads on each floor, and within or near each sleeping area (but not in kitchens). Occupants generally maintain detectors inside their units, though owners must step in to make repairs within five days of receiving written notice that a detector is not functional. Violations can result in a daily forfeiture of up to $50 per day to the state.
Plain English — not legal advice.
Under Wis. Stat. § 101.145, compliant residential building owners install smoke detectors that carry a UL listing mark or equivalent certification from an independent safety organization, placing them in basements, at the head of each floor's stairway, and within or within six feet of each sleeping area—never in a kitchen. Owners also maintain detectors located in common areas and must respond within five days to any written notice from an occupant reporting a non-functional detector inside a unit. Keeping records of installation dates, maintenance actions, and any written notices received from occupants is a practice consistent with demonstrating ongoing compliance with § 101.145.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 101.145 gives occupants of residential units the right to live in a building where functional, certified smoke detectors are properly installed by the owner. If a smoke detector in your unit stops working, providing written notice to the owner triggers a five-day window in which the owner is required to restore the detector to working order. Tenants who believe an owner is not meeting these obligations may contact the Wisconsin Department of Safety and Professional Services, which has authority under § 101.145 to inspect residential buildings and issue compliance orders, or may reach out to a local tenant-rights organization for general guidance on available 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 October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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