Landlord and Tenant Rights and Responsibilities

questions & answers

Question: Under Phoenix fire code, what is my landlord required to provide in terms of fire prevention? Is a smoke detector required in every apartment?

Answer: Under A.R.S. 33-1324(A) of the Arizona Residential Landlord and Tenant Act, landlords are required to “comply with the requirements of applicable building codes materially affecting health and safety” as prescribed by A.R.S. 9-1303. Under A.R.S. 9-1303, conditions materially affecting the health and safety of the occupants of a residential rental dwelling include “lack of adequate fire detection systems as required by law.” Under A.R.S. 36-1637, landlords are required to install a smoke detector during the original construction or subsequent renovation of a residential dwelling. However, some local fire codes incorporate regulations which require landlords to install a smoke detector whenever a new tenant moves in. The Phoenix Fire Code is available on line here: https://codes.iccsafe.org/public/document/details/toc/623. You may also wish to contact the Phoenix Fire Department and/or City Hall.