Frequently Asked Building and Housing Code Questions
Smoke Detectors
Deadbolts
Bars on Windows
Garage, Attics, and Basements
A fire in your home is a frightening thought. Can I escape? Can I help the ones I love in an emergency? These are concerns we all have. The Code Enforcement Division has compiled the following questions that are most frequently asked regarding Building and Housing code requirements and how to best protect the ones you love. Please take a few minutes to read through the sections below.
Why is a smoke detector important?
Smoke detectors give you and your loved ones critical seconds to escape a burning building by sounding an alarm at the presence of smoke. The old saying, "where there's smoke there's fire" is true. An early warning of smoke in the house is critical because you can become asphyxiated very quickly by breathing smoke and would be unable to escape or help your loved ones. The seconds provided by the smoke detector's alarm can mean the difference between life and death. Your chances of surviving a fire are two times better when a smoke detector is present.
How many smoke detectors do I need to have?
Each building was required to meet the Building Code standard in the year it was built. All dwelling units must have at least one smoke detector. Current law, and the safest and most effective use of smoke detectors, requires one in each sleeping room and in the hallway.
If I am a tenant, is it my responsibility or my landlord's to ensure the smoke detector is working?
It is the landlord's responsibility to ensure there is a properly functioning smoke detector when you move in. After that, the tenant is responsible for regularly checking the smoke detector battery. If you live in a single family home, duplex or a mobile home, you are responsible for maintaining the smoke detector in proper working order. In apartments and all other dwellings, if the battery is dad or there is any other defect in the smoke detector, the owner must make repairs or replace the faulty smoke upon written notice of the condition from the tenant.
The smoke detector keeps going off every time I cook or shower. Is it O.K. to take the battery out?
NO. Never take the battery out of the smoke detector. It make be located too close to a cooking area or the bathroom. The most common cause of "false alarms" is lack of ventilation. Most false alarms can be prevented by opening a window while cooking or bathing.
I can't remember to check my smoke detector. Do you have any tips?
Yes. The easiest way to remember to check to ensure the smoke detector is working is to make a habit of checking it when you change the clocks in the spring and fall. If you haven't checked the smoke detector in your home in a while, check it now while you're thinking of it. Smoke detectors do save live.
I am concerned about safety in my neighborhood, what kind of deadbolts can I install on my door?
The Uniform Building Code requires that deadbolts must be openable from the inside without a key or any special knowledge. Deadbolts with a latch on the inside are the ones approved for residential use.
Where should the deadbolt be installed?
The deadbolt should be installed no higher than 48" from the finished floor.
My door has a window in it. Can I install a two keyed deadbolt for security reasons?
NO. A two keyed deadbolt may stop a burglar from removing your property but it also will prevent you from escaping your house in the case of fire or other emergency.
What if I left the key in the lock?
Most people remove the key from the lock. You probable would not be able to locate the key in an y emergency situation especially if it is dark and the house is filled with smoke. If you leave the key in the lock, someone could break the window, steal the key and have access to your home. During a fire, temperatures get extreme. The key could warp inside the lock and you would not be able to escape.
Can I install a two keyed deadbolt on a security door?
NO. For the same reasons you would not be able to install one on the exit doors, the security door deadbolt must be openable from the inside without a key or any special knowledge.
Do bars on windows make my house a safer home?
NO. Although smoke detectors offer you time to react to a fire and get out of the house, your primary way out may be blocked by fire or smoke. You will need to use a window to escape. If there is no releasing hardware, you could be trapped in a burning house. If I am renting a house that has bars on bedroom windows that do not open, do I have the right to have them removed or retrofitted to open properly?
You have the right to live in a safe home that meets code requirements. It is very important to advise you landlord or the property manager of deficiencies where you live. If your concerns are not addressed, you can request an inspection from Code Enforcement at 277-4528. There is no charge for these services.
I am a property owner and I want to install approved release mechanisms on my security bars. Where can I get more information about approved release mechanisms and installation requirements?
Contact a licensed contractor or security equipment company and the City of San Jose's Fire Prevention Division at 277-4656 and the Building Division at 277-4541.
Is it safe to live in a garage, attic or basement?
NO. Garages, attics and basements are not designed to be lived in and are extremely dangerous to occupy. It is only safe and legal to live in a garage, attic or basement that has been legally converted to a habitable room with Building permits. If you have question as to whether your home is legal and safe, please phone the Code Enforcement Division at 277-4528.
What if I want to know more about fire safety?
Phone the City of San Jose's Fire Prevention Bureau at 277-4656.