2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 9. SAFETY
CHAPTER 766. FIRE SAFETY IN RESIDENTIAL DWELLINGS

(2) "Department" means the Texas Department of Insurance.

(3) "Fossil fuel" includes coal, kerosene, oil, wood, fuel

gases, and other petroleum or hydrocarbon products.

(4) "One-family or two-family dwelling" means a structure that

has one or two residential units that are occupied as, or

designed or intended for occupancy as, a residence by

(5) "Smoke detector" means a device or a listed component of a

system that detects and sounds an alarm to indicate the presence

of visible or invisible products of combustion in the air.

(6) "Smoke detector for hearing-impaired persons" has the

meaning assigned by Section 792.001.

Added by Acts 2007, 80th Leg., R.S., Ch.

1051, Sec. 10, eff. September 1, 2007.

Sec. 766.002. SMOKE DETECTOR REQUIREMENT. (a) Each one-family

or two-family dwelling constructed in this state must have

working smoke detectors installed in the dwelling in accordance

with the smoke detector requirements of the building code in

effect in the political subdivision in which the dwelling is

located, including performance, location, and power source

(b) If a one-family or two-family dwelling does not comply with

the smoke detector requirements of the building code in effect in

the political subdivision in which the dwelling is located, any

home improvement to the dwelling that requires the issuance of a

building permit must include the installation of smoke detectors

in accordance with the building code in effect in the political

subdivision in which the dwelling is located, including

performance, location, and power source requirements.

Added by Acts 2007, 80th Leg., R.S., Ch.

1051, Sec. 10, eff. September 1, 2007.

Sec. 766.0021. SMOKE DETECTOR FOR HEARING-IMPAIRED PERSONS. (a)

A purchaser under a written contract for the sale of a

one-family or two-family dwelling may require the seller to

install smoke detectors for hearing-impaired persons if:

(1) the purchaser or a member of the purchaser's family who will

reside in the dwelling is a hearing-impaired person;

(2) the purchaser provides written evidence of the hearing

impairment signed by a licensed physician; and

(3) not later than the 10th day after the effective date of the

contract, the purchaser requests in writing that the seller

install smoke detectors for hearing-impaired persons and

specifies the locations in the dwelling where the smoke detectors

are to be installed.

(b) If the seller is required to install smoke detectors for

hearing-impaired persons under Subsection (a), the seller and

purchaser may agree:

(1) which party will bear the cost of installing the smoke

(2) which brand of smoke detectors to install.

(c) The seller must install the smoke detectors not later than

the closing date of the sale of the dwelling.

(d) A purchaser may terminate the contract to purchase the

dwelling if the seller fails to install smoke detectors for

hearing-impaired persons as required by this section.

Added by Acts 2007, 80th Leg., R.S., Ch.

1051, Sec. 10, eff. September 1, 2007.

Sec. 766.0025. FRATERNITY AND SORORITY HOUSES. (a) In this

section, "fraternity or sorority house" means a dwelling that:

(1) is a separate structure and that is not a multiunit

residential property composed of multiple independent residential

(2) serves as living quarters for members of a fraternity or

(b) The owner of a fraternity or sorority house must have

working smoke detectors installed in the fraternity house or

sorority house in accordance with the smoke detector requirements

of the building code in effect in the political subdivision in

which the fraternity or sorority house is located, including

performance, location, and power source requirements.

Added by Acts 2007, 80th Leg., R.S., Ch.

1051, Sec. 10, eff. September 1, 2007.

Sec. 766.003. INFORMATION RELATING TO FIRE SAFETY AND CARBON

MONOXIDE DANGERS. (a) The department shall prepare information

of public interest relating to:

(1) fire safety in the home; and

(2) the dangers of carbon monoxide.

(b) The information must inform the public about:

(1) ways to prevent fires in the home, and actions to take if a

fire occurs in the home;

(2) the need to test smoke detectors every month to ensure the

smoke detector is working;

(3) replacing the battery in a battery-operated smoke detector

every six months;

(4) the need to have fire safety equipment in the home,

including fire extinguishers and emergency escape ladders;

(5) the need to develop and practice a fire escape plan;

(6) the availability of carbon monoxide detectors;

(7) using carbon monoxide alarms as a backup to prevent carbon

monoxide poisoning; and

(8) the need to properly use and maintain fossil fuel-burning

(c) The department shall distribute the information described by

this section to the public in any manner the department

determines is cost-effective, including providing the information

on the department's Internet website and publishing informational

Added by Acts 2007, 80th Leg., R.S., Ch.

1051, Sec. 10, eff. September 1, 2007.

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