4350.1 REV-1

CHG-3

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

CHAPTER 35: SMOKE DETECTORS

35-1. APPLICABILITY. In order to meet Housing

Quality Standards (HQS) and regulatory

requirements, after October 30, 1992 at least

one smoke detector is required on each level of

a rental dwelling unit assisted or insured by

HUD. Off-line units not meeting minimum

requirements as set forth in this Chapter must

be brought into compliance. Unit and physical

inspections undertaken after the above

mentioned date are subject to the requirements

of this Chapter. Compliance with smoke

detector requirements shall be checked during

the course of unit inspections for assisted

projects or physical inspections for insured

projects and/or through management reviews.

35-2. CLARIFICATION ON APPLICABILITY.

A. Smoke detectors are already required

in all units owned by HUD or for

which HUD is the mortgagee-in-possession.

By regulation published

July 30, 1992 (57 FR 33846), smoke

detector requirements are now

extended to all HUD-associated rental

units.

B. Assisted properties include those

that are insured or non-insured, and

are receiving mortgage assistance

(221(d)(3) BMIR, 236 Interest

Reduction payments, direct loan)

and/or rental assistance (Section 8,

Rent Supplement and Rental Assistance

payments). This Chapter applies to

the entire assisted portfolio.

C. Section 202 Direct Loan and Section 202 and 811

Capital Advance projects are \"assisted\" and are

covered under this Chapter.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

35-1 3/93

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

4350.1 REV-1

CHG-3

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

D. \"Assisted\" also includes non-insured/state

agency projects. State housing agencies are

the subsidy contract administrators for

these conventionally financed projects.

Because these projects receive rental

assistance (Section 8), they are bound by

the requirements of this Chapter.

E. Likewise, FmHA projects receiving Section 8

assistance are subject to the requirements of

this Chapter.

F. The insured portfolio covers any

project mortgage insured under a

multifamily section of the National

Housing Act. The provisions of this

Chapter apply to multifamily rental

projects, cooperatives, and care-type

properties insured by HUD.

G. Projects with HUD-held mortgages are subject to

the requirements of this Chapter. \"Insured\"

covers HUD-held in that a project mortgage was

originated and insured under a multifamily

section of the National Housing Act prior to

going into default and being assigned to the

Department.

H. Also included under \"insured\" are

formerly coinsured loans that are now

fully insured and are part of the

Loan Management Branch\'s local

inventory of properties.

I. Regulations published July 30, 1992 affect

all HUD-associated housing. The coinsured

inventory, though not serviced or managed

by the Loan Management Branch, is subject

to the provisions of this Chapter.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

3/93 35-2

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

4350.1 REV-1

CHG-3

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

J. A formerly insured project that is not

assisted is not subject to the

requirements of this Chapter, however,

because HUD no longer exercises any

control over the project.

K. Any insured projects developed with smoke

detectors pursuant to the standard

required under the Fire Administration

Authorization Act of 1992 must, after

development, continue to maintain the

smoke detectors in good working order in

accordance with the development

requirement.

35-3. BASIC REQUIREMENTS.

A. The Department believes that most of

the units in the HUD universe may

already be equipped with smoke

detectors under requirements imposed

by State or local codes or by fire or

liability insurance carriers. This

Chapter is not intended to pre-empt

those requirements, but to require,

at a minimum, one hard-wired or

battery-operated smoke detector in

proper working condition on each

level of a rental dwelling unit

assisted or insured by HUD. In the

case of projects insured under

Section 232 (mortgage insurance for

nursing homes, intermediate care

facilities, and board and care homes)

or Section 242 (mortgage insurance

for hospitals) of the National

Housing Act, the minimum requirement

is that each occupied room must

include at least one smoke detector

in proper working condition.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

35-3 3/93

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

4350.1 REV-1

CHG-3

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

B. The smoke detector must be located,

to the extent practicable, in a

hallway adjacent to a bedroom. If

the unit is occupied by a

hearing-impaired person, each bedroom

occupied by a hearing-impaired person

must have a visual alarm connected to

and activated by the smoke detector

installed in the hall.

C. In the case of hearing-impaired persons, smoke

detectors must have an alarm system, designed

for hearing-impaired persons, in each bedroom

occupied by such persons. However, properties

insured under Sections 232 or 242 of the

National Housing Act are not required to comply

with this requirement, so long as the smoke

detector is connected to a central alarm system

that is monitored on a 24-hour basis, or

otherwise meets industry standards.

35-4. CLARIFICATION ON WHAT CONSTITUTES A \"LEVEL:\"

INSTRUCTIONS FOR BASEMENTS AND ATTICS.

A. Smoke detectors are required in basements

and attics only if these areas are used

for living purposes. For example, a smoke

detector must be installed in a basement

or an attic that has been converted into a

recreational room or sleeping area. If

the basement of a multilevel unit is not

used for living purposes but houses the

furnace/water heater or laundry

facilities, it is not necessary for a

smoke detector to be installed on that

level. Likewise, it is not necessary for

a smoke detector to be installed in an

attic that is used for non-living purposes

such as a storage area or as a repository

for the wiring for the unit.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

3/93 35-4

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

4350.1 REV-1

CHG-3

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

B. Other structural variations may exist,

such as a structure with a vestibule on

the lower level, instead of a basement,

where people enter, in which case a smoke

detector is required. If in doubt whether

a particular area constitutes a \"level\"

requiring a smoke detector, owners/

management should apply the \"family living

area\" concept above in reaching a

decision.

35-5. OWNERS\' RESPONSIBILITIES.

A. Owners are responsible for

installing smoke detectors,

inspecting once a year to ensure

that the devices are in proper

working condition, and replacing

batteries in the smoke detectors

as necessary. (Some callers

have inquired about what is

meant by \"installation,\"

particularly in the case of a

battery-operated device that is

easily attached via an adhesive strip.

Merely providing the device to the

resident does not ensure actual physical

installation and does not fulfill an

owner\'s obligation in this area. In

addition, HUD regulations, State law

and/or local housing ordinances may

specify a particular location for

placement of the device, i.e., in a

hallway adjacent to the bedrooms, which

may not be common knowledge to residents.)

B. Owners may wish to develop paperwork or

certifications asking residents to

acknowledge when the activities specified

above have been performed.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

35-5 3/93

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

4350.1 REV-1

CHG-3

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

C. Owners/management are responsible for

maintaining accurate records regarding

smoke detector requirements.

Owners/management are to keep records,

tenant certifications, etc., on hand for

three years and are to make them available

upon request when HUD conducts a

management review.

D. The responsibilities of both owners

and residents under the rule are

clearly delineated. As residents

would generally not have access to

the information published in the rule

or this handbook chapter, owners

should inform residents of their

responsibilities per paragraph 35-6.

E. Since the July 30, 1992 rule imposes a

mandatory requirement upon owners that

hearing-impaired persons be provided with

a smoke detector and alarm system in their

bedroom, it is an owner\'s responsibility

to notify residents of the availability of

such equipment. (Note that \"hearing-impaired\"

is not defined in the final

rule.)

F. It is not practical for HUD to

provide technical specifications

concerning smoke detectors and alarm

systems for hearing-impaired persons.

Owners may wish to consult

organizations familiar with equipment

for hearing-impaired persons for

advice on this issue.

G. HUD is attempting to balance the need

to protect residents from fire and

the desire to keep owners\' costs at a

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

3/93 35-6

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

4350.1 REV-1

CHG-3

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

reasonable level. For that

reason owners are allowed the

discretion to install either

battery-operated or hard-wired

smoke detectors. However, smoke

detectors for hearing-impaired

persons must be permanently

installed, i.e., hard-wired.

The use of portable devices for

hearing-impaired residents does

not fulfill the minimum standard

required under this Chapter.

The possibilities of loss or

improper use make portable

detectors less reliable.

H. Owners are advised that

effective October 30, 1992 their

compliance with smoke detector

requirements will be monitored

by the Department or Contract

Administrator. Monitoring an

owner\'s compliance with smoke

detector requirements may be

accomplished during the course

of an on-site project review,

i.e., in conjunction with a

physical inspection, management

review or unit inspection.

Existing forms may be utilized

for this purpose. For example

form HUD-9602, Multifamily Unit

Inspection, has a separate entry

for smoke detectors under the

listing for \"entire unit.\" On

form HUD-9822, Physical

Inspection Report, smoke

detectors may be listed under

item #35 left blank under

\"interior items inspected.\"

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

35-7 3/93

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

4350.1 REV-1

CHG-3

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

I. Owners are informed that, in

cases of noncompliance with the

Department\'s smoke detector

requirements, HUD or the

Contract Administrator will

follow procedures for corrective

action outlined in Handbook 4350.5, \"Subsidy

Contract Administration and Field Office

Monitoring.\" The procedures per Handbook

4350.5, paragraph 15-4 are incorporated here by

reference.

35-6. RESIDENTS\' RESPONSIBILITIES.

A resident\'s responsibility under the lease to

maintain and care for the unit extends to not

tampering with smoke detectors and ensuring

that batteries are kept in place. Residents

are also responsible for informing the owner of

any problems with the smoke detectors,

including the failure of the batteries, in the

same manner that they are responsible for

informing the owner of any malfunction or

maintenance needs in their units.

35-7. FUNDING SMOKE DETECTORS.

Owners may fund the purchase and

installation of smoke detectors and the

cost of batteries, as well as the costs

incurred to accommodate smoke detector

requirements for hearing-impaired

residents, out of project income. If

necessary, additional costs for the above

items may be covered through Residual

Receipts or if these funds are not

sufficient, through the Reserve Fund for

Replacements. (However, it is not in

keeping with HUD\'s intent to entirely

deplete the RFR, and in no case may the

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

3/93 35-8

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

4350.1 REV-1

CHG-3

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Reserve Fund for Replacements be used to install a

hard-wired system, except for hearing-impaired

residents.) For information regarding processing

instructions for withdrawals, and authorization that

may be required, please refer to Chapter 4, Reserve

Fund for Replacements, and Chapter 25, Residual

Receipts, of this handbook.

35-8. IMPACT OF STATE LAW AND/OR LOCAL HOUSING

CODES AND ORDINANCES.

This Chapter is not intended to preempt local

or State fire safety codes. The purpose of

this Chapter is to set out a minimum standard

for HUD-associated housing. To the extent that

a local code has a stricter standard or

requires a different type of smoke detector

(e.g., hard-wired rather than battery-operated)

or different location for the detector (e.g.,

in each bedroom rather than adjacent to

bedrooms), the local code should be followed,

as long as HUD\'s minimum standard that each

unit contain a hard-wired or battery-operated

smoke detector is met.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

35-9 3/93

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_