Smoke Alarm and Carbon Monoxide Detector Law for a California Rental in 2026

Published August 10, 2026

California requires an operable, State Fire Marshal listed smoke alarm in every dwelling under Health and Safety Code section 13113.7, and a carbon monoxide device wherever there is a fossil fuel appliance, fireplace, or attached garage under section 17926. Here is what a landlord owes once tenants report a defect.

The short answer

Every California dwelling needs an operable, State Fire Marshal listed smoke alarm installed per the manufacturer's instructions, under Health and Safety Code section 13113.7. Every dwelling with a fossil fuel appliance, fireplace, or attached garage needs a carbon monoxide device, under section 17926. Landlords must keep both operable and must correct a reported defect once notified, per section 17926.1.

Last verified: August 10, 2026

Smoke alarms: what section 13113.7 actually requires

The core rule is short. Section 13113.7, subdivision (a)(1), requires that "smoke alarms, approved and listed by the State Fire Marshal pursuant to Section 13114 at the time of installation, shall be installed, in accordance with the manufacturer's instructions in each dwelling intended for human occupancy." That listing requirement matters: a smoke alarm you bought that is not on the State Fire Marshal's approved list does not satisfy the statute, regardless of how well it works.

Battery operated alarms that meet the applicable standard are acceptable unless a local rule prohibits them. A fire alarm system with smoke detectors installed to State Fire Marshal regulations can substitute for individual alarms.

The permit trigger that catches remodels

Since January 1, 2014, any building permit issued for an alteration, repair, or addition costing more than one thousand dollars triggers a smoke alarm compliance check. The permit issuer cannot sign off on the completed work until the permittee demonstrates that every smoke alarm required for the dwelling unit is a device approved and listed by the State Fire Marshal. If you pull a permit for a kitchen remodel or a room addition, expect the inspector to check the smoke alarms in the whole unit, not just the room you touched.

The landlord's ongoing duty

For rental property, section 13113.7 puts two separate duties in place. The owner must ensure the alarms are operable at the time each tenancy begins, and must maintain them afterward. The tenant, in turn, is expected to notify the owner if an alarm becomes inoperable. The statute also allows the owner or owner's agent to enter the unit during normal business hours to install, repair, test, or maintain alarms, provided the tenant gets 24 hours' written notice.

A violation is an infraction, punishable by a fine of up to two hundred dollars per offense.

Carbon monoxide devices: what section 17926 actually requires

Section 17926 requires an owner to install a carbon monoxide device, approved and listed by the State Fire Marshal, in any dwelling unit that has a fossil fuel burning heater or appliance, a fireplace, or an attached garage. The deadlines by property type have all already passed:

| Property type | Compliance deadline |

|---|---|

| Single family dwellings | On or before July 1, 2011 |

| All other dwelling units | On or before January 1, 2013 |

| Hotels and motels | On or before January 1, 2017 |

If you own a qualifying South Bay rental today, in 2026, this is not a future date to plan around. It is a duty you should already be meeting, and if you inherited or bought a property without confirming it, that is a gap to close now, not later.

Placement must be consistent with the building standards that apply to new construction, or with the manufacturer's instructions, wherever that is technically feasible. Neither the statute text we retrieved nor this article specifies a room-by-room count. Confirm current placement standards with your local building department.

What happens if a device is missing or defective

Section 17926 sets a 30 day notice and correction process before a fine applies, and caps the fine at two hundred dollars per offense once the correction window has passed. Separately, section 17926.1 places the affirmative duty on the owner or owner's agent to correct any reported deficiency or inoperability once notified. The flip side matters too: the statute protects an owner from a compliance claim only while the owner has not received notice of the problem. Once a tenant tells you a carbon monoxide alarm is chirping, dead, or missing, the clock on your duty to fix it starts.

Section 17926 also limits the civil remedy available to a tenant: it does not invalidate a title transfer for noncompliance, and it caps damages for a violation at one hundred dollars, exclusive of court costs and attorney's fees. That cap does not mean noncompliance is low risk. It caps the specific statutory remedy; it does not immunize an owner from a personal injury claim if someone is actually harmed by carbon monoxide exposure in a unit that was out of compliance.

Practical checklist for a South Bay owner

Confirm every unit has a State Fire Marshal listed smoke alarm installed per manufacturer instructions, and that it was tested at the start of the current tenancy. Confirm every unit with a gas furnace, gas water heater, gas range, fireplace, or attached garage has a State Fire Marshal listed carbon monoxide device. Put a written process in place for tenants to report either device as inoperable, and act on that report promptly, since your protection under section 17926.1 depends on documented notice, not on how attentive you generally are.

FAQ

Do I need a smoke alarm in every bedroom specifically?

Section 13113.7 requires alarms installed per the manufacturer's instructions in each dwelling, but the exact room-by-room count comes from the building code, not this statute. Confirm the current standard with your local building department.

What counts as an approved smoke alarm or carbon monoxide device?

One approved and listed by the State Fire Marshal at the time of installation. A device that is not on that list does not satisfy either statute, even if it functions.

If a tenant never tells me a carbon monoxide alarm died, am I liable?

Section 17926.1 protects an owner who has not received notice of the deficiency. Your duty to correct it is triggered by notice, so document how tenants can report problems and keep records of what you were told and when.

Can I enter a unit to test or replace a smoke alarm?

Yes, during normal business hours, with 24 hours' written notice to the tenant, per section 13113.7.

Are the carbon monoxide compliance deadlines still relevant in 2026?

The deadlines themselves already passed between 2011 and 2017 depending on property type. The ongoing relevance is that if your property was never brought into compliance, the duty to install the device still applies now.

What is the penalty for noncompliance?

Up to two hundred dollars per offense as an infraction under either statute. Section 17926 gives a 30 day notice to correct before that penalty applies, and separately caps a tenant's civil damages remedy at one hundred dollars, exclusive of costs and fees.

This is general information about California law as of the verification date above, not legal advice for your specific property. Confirm current placement standards and any local ordinance with your local building department or a licensed contractor or attorney before relying on it.

Topics: compliance, playbook, maintenance

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