Sec. 3.5. (a) This section only applies to dwellings.

(b) A rule or an ordinance is not voided or limited by this section if the rule or ordinance:

(1) applies to an occupied dwelling; and

(2) is at least as stringent as the requirements of this section.

(c) A dwelling must have at least one (1) functional smoke detector installed as follows:

(1) According to the manufacturer's instructions.

(2) Outside of each sleeping area in the immediate vicinity of the bedrooms.

(3) On the ceiling or a wall not less than four (4) inches or more than twelve (12) inches from the ceiling. However, a smoke detector may not be recessed into a ceiling.

(4) On each additional story of the dwelling, including basements, cellars, and habitable attics. Unless there is a door between levels in dwellings with split levels, a smoke detector must be installed only on the upper level if the lower level is less than one (1) full story below the upper level.

(d) All smoke detectors must be:

(1) battery operated or hard wired into the dwelling's electrical system;

(2) accessible for servicing and testing; and

(3) maintained and at least one (1) time every six (6) months tested by the occupant to ensure that the smoke detector is in operational condition.

(e) Each owner or the manager or rental agent of the owner is responsible for:

(1) the installation of a required smoke detector; and

(2) the replacement and repair of a required smoke detector within seven (7) working days after the owner, manager, or rental agent is given written notification of the need to replace or repair the smoke detector.

(f) A person may not tamper with or remove a smoke detector except when necessary for maintenance purposes.

(g) A unit (as defined in IC 36-1-2-23) may adopt an ordinance concerning dwellings that:

(1) includes more stringent or detailed requirements than those set forth in this chapter; and

(2) does not conflict with this chapter.

As added by P.L.176-1991, SEC.4.