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Portsmouth, VA Fire Regulations: Smoke Detectors (2026)

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

Key Facts

Enforcing agency
Fire, rescue and emergency services chief
Required in
Dwelling units, hotels, motels, roominghouses
AC-powered units
Building permit required, fee per ch. 7
Landlord repair window
5 days of written tenant notice
Tenant certification
At move-in and at least annually
Penalty class
Class 1 misdemeanor

Summary

Portsmouth requires smoke detectors in every building with a dwelling unit, hotel, motel, or roominghouse offering overnight sleeping accommodations. Installation must follow the building code, and AC-powered units need a permit through the fire marshal's office under Chapter 13, Article V.

Sec. 13-135. - Where required. Smoke detectors shall be installed in all of the following structures or buildings: (1)Any building containing one or more dwelling units.(2)Any hotel or motel regularly used, offered for or intended to be used to provide overnight sleeping accommodations for one or more persons.(3)Roominghouses regularly used to provide overnight sleeping accommodations. Sec. 13-136. - Installation. Appropriate permits and inspections, as required by the building code, must be secured for the installation of smoke detectors powered by alternating current, with the fees prescribed in chapter 7 of this Code being charged for the permit.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).

Full Breakdown

City Code Chapter 13, Article V spells out where detectors go and who maintains them. 2-922 as the state authority behind the hotel/motel requirement. Section 13-136 requires the owner to secure the appropriate building-code permits and inspections before installing an alternating-current smoke detector, with fees charged under the Chapter 7 fee schedule; battery-powered units are not subject to that permit step. Section 13-137 sets the performance standard: the unit must sense visible or invisible combustion products and sound an alarm loud enough to warn occupants, with detectors in individual dwelling units only required to alert that unit.

16; the tenant is responsible only for reasonable care and interim testing. Section 13-139 requires the owner of any rented or leased dwelling unit to give the tenant written certification, at the start of each tenancy and at least annually after that, that all detectors required by Section 13-135 are present, inspected, and in good working order. Section 13-134 puts the chief of the department of fire, rescue and emergency services in charge of administering and enforcing the article, and Section 13-133 makes clear that meeting the smoke detector article does not excuse compliance with the rest of the building code.

Violations & Fines

Section 13-132 makes a violation of Article V a class 1 misdemeanor, Portsmouth's most serious misdemeanor tier, carrying up to 12 months in jail and a fine up to $2,500 under the general penalty in Section 1-11. A landlord who fails to repair or replace a malfunctioning detector within the five-day window set by Section 13-138 is separately out of compliance with that owner obligation, independent of the misdemeanor exposure.

Frequently Asked Questions

Does every rental unit in Portsmouth need a smoke detector?
Yes. Section 13-135 requires a smoke detector in any building containing one or more dwelling units, plus hotels, motels, and roominghouses offering overnight stays. There is no exemption for owner-occupied versus rented units under that section.
Do I need a permit to install a smoke detector in Portsmouth?
Only if it is hardwired. Section 13-136 requires a building-code permit and inspection, with fees charged under Chapter 7, specifically for smoke detectors powered by alternating current. Battery-powered detectors are not described as needing that permit step.
How often must a Portsmouth landlord certify smoke detectors are working?
Section 13-139 requires written certification to the tenant at the start of each tenancy and at least once a year afterward, confirming that every detector required under Section 13-135 is present, inspected, and functioning.
Who fixes a broken smoke detector in a Portsmouth apartment building?
Section 13-138 puts repair and replacement cost on the owner, who must act within five days of written notice from the tenant. The tenant is only responsible for reasonable care and testing under Virginia Code § 55-248.16.

Sources & Official References

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