N.D.C.C. § 23-13-15 § 23-13-15
Smoke detection systems for residential rental property - Penalty.
Operative Text
23-13-15. Smoke detection systems for residential rental property - Penalty.
1. All residential rental property with the exception of property covered by section
23-09-02.1 must be equipped with smoke detection systems or other approved alarm
systems for the protection of occupants of the property. Systems must be installed and
maintained in compliance with applicable national fire protection standards as defined
by rules adopted by the state fire marshal. The state fire marshal and local fire
departments shall provide information concerning the installation of smoke detection
systems to owners of residential rental properties. A system installed in a single-family
rental dwelling must be maintained and inspected by the tenant occupying the
single-family rental dwelling. In other dwellings, the landlord is responsible for
installation and ensuring the proper operation of the system upon the occupancy of
each new tenant. The tenant is responsible for maintaining the system during the
tenant's occupancy.
2. The landlord of a residential dwelling unit shall provide an approved visual smoke
detection system or other visual alarm system for fire if requested in writing by a tenant
who is deaf. A landlord is not subject to this subsection if the rental property of that
landlord does not exceed one building and that building does not exceed four
residential dwelling units.
3. Nothing in this section may be construed to alter the provisions of chapter 54-21.3
regarding smoke detection systems or alarm systems for newly constructed
residences.
4. Any property owner who willfully fails to install a system as required by this section is
guilty of a class B misdemeanor.North Dakota Century Code § 23-13-15 requires that residential rental properties be equipped with smoke detection or other approved alarm systems meeting national fire protection standards set by the state fire marshal. In single-family rentals, the tenant living there is responsible for maintaining and inspecting the system, while in multi-unit buildings the landlord must install the system and ensure it works properly at the start of each new tenancy, with the tenant then responsible for upkeep during their stay. Landlords must also provide a visual or other approved alarm system to a deaf tenant who requests one in writing, unless the landlord owns a single building with no more than four units. A property owner who willfully fails to install a required system commits a class B misdemeanor under this section.
Plain English — not legal advice.
Under N.D.C.C. § 23-13-15, compliant operators of multi-unit residential rental properties generally install approved smoke detection systems before each new tenancy begins and verify the system is functioning properly at move-in. For single-family rentals, the responsibility for ongoing maintenance and inspection shifts to the tenant, though the initial installation obligation still applies to the owner. Landlords who receive a written request from a deaf tenant should be aware of the visual alarm requirement in subsection 2, keeping in mind the small-building exemption for properties with one building of four or fewer units. Willful failure to install a required system exposes a property owner to criminal liability as a class B misdemeanor.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.D.C.C. § 23-13-15 establishes that tenants in multi-unit buildings are responsible for maintaining the smoke detection system during their occupancy, while the landlord must ensure the system is properly installed and operational at the start of the tenancy. Tenants who are deaf have the right under subsection 2 to request a visual smoke detection or alarm system in writing, and landlords covered by the provision are required to provide one. If a landlord appears to have willfully failed to install a required system, tenants may consider contacting the state fire marshal's office or local fire department, both of which are identified in § 23-13-15 as sources of information and oversight, or reaching out to a tenant-rights organization for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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