Smoke alarms in Harris County homes are governed by Texas Health and Safety Code Section 766.002 and, for rentals, Texas Property Code Sections 92.251 to 92.262. Section 766.002 requires working smoke detectors in every one- and two-family dwelling per the local building code. Landlords must install at least one alarm in each bedroom and on each level under Property Code Subchapter F.
Texas Health and Safety Code Section 766.002 requires every one- or two-family dwelling constructed in Texas to have working smoke detectors meeting the performance, location, and power-source requirements of the building code in effect in the political subdivision where the dwelling is located. Section 766.003 requires retroactive installation when a non-compliant dwelling undergoes any home improvement that needs a building permit. In unincorporated Harris County, building permits are issued by the Harris County Engineering Department under the adopted International Residential Code, and the Harris County Fire Code (adopted under the International Fire Code) is enforced by the Harris County Fire Marshal's Office. For rentals, Texas Property Code Section 92.255 requires the landlord to install at least one smoke alarm in each bedroom, in the corridor serving multiple bedrooms, and on each level of a multi-level unit; Section 92.252 preempts most local ordinances on this duty. Tampering by a tenant is barred under Section 92.2611.
A new or renovated home in unincorporated Harris County without compliant smoke alarms fails inspection by the Harris County Engineering Department under HSC 766.002 and 766.003. A landlord who fails to install or repair a smoke alarm after tenant notice can be sued under Texas Property Code Section 92.260 for actual damages, civil penalties, court costs, and attorney's fees.
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