The legislation, which is effective Sept. 1, 2007, requires one- and two-family dwellings constructed in Texas to have working smoke detectors installed in accordance with the requirements of the building code in effect in the area in which the dwelling is located. This requirement extends to a landlord of a one- or two-family dwelling unit and satisfies the requirements of the current smoke-detector laws applicable to landlords. The law further requires that a permit issued for a home improvement include the installation of smoke detectors in accordance with the local building code if the dwelling for which the permit will be issued does not comply.

Certain purchasers may require the seller to install smoke detectors equipped for hearing-impaired persons prior to the closing date of the sale of the home. In order to impose this requirement on the seller, the purchaser must satisfy a number of requirements: 1. There must be a written contract in place. 2. It must be a sale of single-family dwelling or duplex. 3. The buyer or a member of the buyer's family who will live in the dwelling must be hearing impaired. 4. The buyer must provide written evidence of the hearing impairment signed by a licensed physician. 5. The buyer must submit a written request to the seller to install the smoke detectors. 6. The buyer must specify in the written request where the detectors are to be installed. 7. The buyer must send the written request not later than the 10th day after the effective date of the contract. The bill allows the buyer and seller to agree on the brand and which party will bear the cost of the detectors. The seller must install the detectors no later than the closing date. If the seller fails to install, as may be required, the buyer has the right to terminate the contract.

Property managers should consult the local building code authority to determine the specific requirements for the placement of smoke detectors in the units they manage. Most cities follow some version of the International Residential Code (IRC), and the exact requirements may vary depending on the version adopted locally. Because newer editions of the IRC typically impose more detailed requirements regarding smoke detector placement and installation, it is important for property managers to verify the applicable code and stay current with any updates.