New homes in unincorporated El Paso County must have smoke alarms under Texas Health and Safety Code Chapter 766 and the adopted International Fire and Residential Codes enforced by the county Emergency Services District fire marshals.
Texas Health and Safety Code Chapter 766 requires smoke detectors in newly constructed and substantially remodeled one- and two-family dwellings statewide, including unincorporated areas. The El Paso County ESD fire marshals enforce an adopted International Fire Code edition covering fire-protection and life-safety systems. Under the residential code, smoke alarms must be installed in each sleeping room, outside each sleeping area in the immediate vicinity of bedrooms, and on every level of the dwelling including basements. Newer editions allow listed wireless interconnected alarms in place of hard-wired interconnection. Landlords of rental units are separately required by state law to provide and maintain working smoke detectors.
A builder who fails to install required smoke detectors in a covered new dwelling violates Chapter 766. A landlord who fails to install or repair a tenant's smoke detector faces statutory penalties and tenant remedies under the Texas Property Code.
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See how El Paso County's smoke detectors rules stack up against other locations.
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