Rental property owners must take extra precautions to ensure tenants’ safety

13 years ago

By Lisa Wilcox
Staff Writer

CARIBOU, Maine — Fire safety in the home is important to everyone. Those who own rental properties, however, not only have to be concerned about the well-being of their family in their own personal home, but also must consider the lives of their tenants.  “It’s all about safety,” Steve Wentworth, Caribou’s director of housing and code enforcement, stated about the National Fire Protection Agency regulations he enforces for the city.

Wentworth advises that NFPA regulations require that all rental dwellings now have to have hard-wired smoke detectors installed, which means the detectors are wired into an electrical branch circuit. The detectors are also required to have a battery back-up. According to Wentworth, the battery back-up can be of the conventional kind, or landlords can purchase detectors that have batteries built into them with up to a 10-year life.

In addition, added Wentworth, rental dwellings are now also required to not only have smoke detectors, but carbon monoxide detectors as well. These detectors can be battery operated. Carbon monoxide is a dangerous, colorless and odorless gas emitted from items such as auto exhaust systems, lanterns, burning charcoal and wood, gas ranges and heating systems. Inhaling high levels of carbon monoxide can cause sickness and death.

The other crucial element to fire safety is an available exit from each room used for sleeping in the home. A first-floor room must have a completely accessible window, wide enough for escape. Rooms located on the second story or above must have a set of steps or ladder affixed to the building outside of the window. Wentworth advised, however, that rooms that have a drop within 20 feet of the ground do not require steps as, according to NFPA, that is considered a safe distance to jump.

That exception may not necessarily be true when considering liability insurance, however. Brian Sipe, owner of Gallagher Insurance in Caribou, advised that the majority of insurance companies he deals with require the means of egress from a bedroom located on the second story or higher be a set of stairs.

“Their basic rule of thumb is it must be something that someone elderly or carrying a baby would be able to get down safely,” informed Sipe.

According to Sipe, smoke and carbon monoxide detectors with the same NFPA specifications are also mandatory with most insurance companies. The company will need to know who is responsible for maintaining the property and ensuring that all exits from the building are clear and easy to maneuver through in the event of an emergency such as a fire. Who is responsible for the walkways and exits needs to be in writing.

For instance, the grounds of a single-family dwelling are usually maintained by the tenant themselves. Larger apartment buildings generally have a maintenance team or person with the tenant possibly responsible for their own porch or steps. Either way, insurance companies require a clear plan to be in place.

While law does not demand that fire extinguishers be present in every rental unit, Rick Willey, owner of RLW Management, which maintains over 185 rental units in the Caribou area, keeps a fire extinguisher in each of his buildings’ common areas, such as a laundry, storage or mail room.

“That way one is accessible for use at each property,” Willey commented.

Tim Guerrette of the Caribou Fire Department explained that an ABC type extinguisher is the best to have on hand as it can handle most types of fires. The extinguishers are required by law to be inspected annually.

The majority of today’s landlords will also have an addendum in their lease prohibiting the burning of candles and cigarette smoking inside the dwelling for safety’s sake.

Willey believes all of these precautions are absolutely necessary.

“They are great ideas to protect the safety of tenants,” he explained. “I encourage homeowners to follow suit.”

The property manager has installed quality detectors in each of his units and conducts annual inspections to make sure everything is in working order and every safety precaution is being maintained. In Willey’s larger complexes, he encourages all tenants to be familiar with fire escape routes.

As a tenant, it’s important to ensure that your landlord enforces these laws and takes precautions to protect your safety. Tenants also need to act responsibly for the well-being of themselves, neighbors and the property. It’s a tenant’s responsibility to take extra care with cooking, not to overcrowd outlets, and to dispose of flammables properly, among other common sense practices.

In these times of extraordinarily high heating costs, landlords also find themselves having to stress that their tenants use only the heating system provided with the rental unit and do not use alternate sources such as space heaters.

“Space heaters and people sleeping in the same room is just not safe,” Wentworth warned.

Even though it is not against state regulations for rental dwellings to have wood or pellet stoves, most insurance companies will not allow rental properties to contain these alternate heat sources due to concerns with proper operation and cleaning. If a stove exists, most insurance companies will require it to be removed or unhooked. If a rental unit does have a wood or pellet stove, Wentworth advised, the unit must be UL approved and a permit for installation must have been attained. The heating unit must also pass an inspection after installation.

Even when all precautions have been met, fires can still, unfortunately, occur. Willey offers this advice if a tenant should find themselves in the midst of a fire.

“Remain calm and try to keep other tenants calm,” he warns. “It’s a crucial element in avoiding injury and making sure everyone gets out safely, which is the most important thing during a fire.”