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Albuquerque, NM Fire Regulations: Smoke Detectors (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing law
Allan Peifer Smoke Detector Ordinance, Ord. 9-1998
Who installs
Property owner or lessor, not the tenant
Who maintains
Tenant/occupant after move-in confirmation
Installation standard
Must meet the Albuquerque Fire Code
Enforcement
Fire Chief and Division of Housing Code Enforcement
Penalty
Up to $500 fine or 90 days jail, Sec. 1-1-99
Resident reminder
Annual notice via water billing system

Summary

Albuquerque's Allan Peifer Smoke Detector Ordinance, City Code Sec. 9-13-4, requires every owner or lessor of a leased dwelling unit to install operable smoke detectors before a tenant moves in and to give written notice of the requirement in the lease. Once occupancy starts, the tenant must keep the detector working; the Fire Chief and Housing Code Enforcement issue citations for noncompliance.

A smoke detector or detectors shall be installed in all dwelling units that are occupied by persons who are leasing or renting the dwelling unit from an owner or lessor. It shall be the responsibility of the owner of the property and the lessor of the dwelling unit to install the smoke detector(s). The owner or lessor shall provide a copy of this ordinance, or shall provide notice as part of the rental agreement that the owner/lessor is required by law to install operable smoke detectors, to the person or persons leasing or renting the dwelling unit at the time the persons begin occupancy of the dwelling unit, and the owner/lessor and the persons renting or leasing the dwelling unit shall determine that all required smoke detectors are operating properly at that time. It shall be the responsibility of the tenant or occupant to maintain the smoke detector(s) in an operable condition. The smoke detector(s) shall be installed and maintained pursuant to the requirements of the Albuquerque Fire Code of the Albuquerque Fire Department.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-95: Current through Ordinance 2026-010, passed 4-6-2026).

Full Breakdown

Article 13 of the Revised Ordinances of Albuquerque, known as the Allan Peifer Smoke Detector Ordinance (Ord. 9-1998), applies to every dwelling unit that a person leases or rents from an owner or lessor. Section 9-13-3 defines a dwelling unit by cross-reference to the Uniform Housing Code, Chapter 14, Article 3, ROA 1994, as a building or portion of one with living facilities for sleeping, eating, cooking and sanitation for not more than one family. Section 9-13-2 states the article's intent is to promote the general health, safety and welfare of people who lease their dwelling units, by requiring installation and maintenance of smoke detectors so occupants have sufficient warning to escape a fire.

Section 9-13-4 puts the installation duty on the property owner and the lessor, not the tenant. Before or at the start of a tenancy, the owner or lessor must either hand the renter a copy of the ordinance or put a notice in the rental agreement stating that the law requires operable smoke detectors, and the two parties must jointly confirm the detectors work at move-in. After that point, responsibility flips: the tenant or occupant must keep the smoke detector(s) in working condition for the rest of the tenancy.

Installation and maintenance must meet the standards of the Albuquerque Fire Code administered by the Albuquerque Fire Department, so detector placement and type follow the adopted fire code rather than a separate city spec. Section 9-13-5 requires the Mayor's office to remind residents of the law at least once a year, and the city does this through bill inserts mailed with municipal water bills. Section 9-13-6 gives enforcement authority jointly to the Fire Chief, the Fire Chief's authorized representatives, and the Division of Housing Code Enforcement, each empowered to issue citations directly for a missing or inoperable detector.

Violations & Fines

Article 13 carries no dedicated fine schedule, so a citation for failing to install, disclose or maintain a smoke detector falls under the code's general penalty, Sec. 1-1-99: a fine of up to $500, up to 90 days imprisonment, or both, with each day a violation continues counted as a separate offense. The Fire Chief's office and Housing Code Enforcement inspectors issue the citations under Sec. 9-13-6.

Frequently Asked Questions

Who has to install smoke detectors in an Albuquerque rental?
The property owner or the lessor, per Sec. 9-13-4 of the Allan Peifer Smoke Detector Ordinance. The owner or lessor must install the detector(s) before the tenant takes occupancy and either hand over a copy of the ordinance or put a notice in the lease confirming the legal requirement, then verify with the tenant that every detector works at move-in.
Who is responsible for smoke detector maintenance after move-in?
Once the owner/lessor and tenant confirm the detectors work at the start of the tenancy, Sec. 9-13-4 shifts maintenance duty to the tenant or occupant, who must keep the smoke detector(s) in operable condition for the remainder of the lease term.
What happens if a landlord skips the smoke detector requirement?
Because Article 13 sets no specific fine, a violation falls under the code's general penalty in Sec. 1-1-99: up to a $500 fine, up to 90 days in jail, or both, with the Fire Chief or Housing Code Enforcement issuing the citation and each day of noncompliance counted separately.
How does the city remind residents about the smoke detector law?
Section 9-13-5 requires the Mayor's office to notify residents of the requirement at least once a year, and the city does that through its water billing system rather than a separate mailing to renters or owners.

Sources & Official References

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