# Title 33 — State Department of Health

## Article 33-33 — Rules Initiated by the Inspection Division

## Chapter 33-33-05 — Smoke Detector Rules

### § 33-33-05-01. Smoke detectors required.

Every sleeping room in a lodging establishment or assisted living facility shall be equipped with a
smoke detection device which has been inspected and listed by underwriters laboratories, factory
mutual engineering division or equivalent. Smoke detectors shall be installed in accordance with the
manufacturer's installation instructions.
History: Effective August 1, 1988; amended effective January 1, 2008.
General Authority: NDCC 23-01-03(3), 23-09-02.1
Law Implemented: NDCC 23-09-02.1
### § 33-33-05-02. Passageway devices - General alarm.

Lodging establishments or assisted living facilities without direct access from sleeping rooms to the
outside shall have hallways or exit corridors equipped with listed smoke detection devices. Hallway or
exit corridor smoke detection devices shall be wired into an approved fire alarm system so as to sound
an alarm when any of the smoke detection devices are activated. Audible signaling appliances shall be
located so as to be clearly heard throughout the facility regardless of the maximum noise level under
normal conditions of occupancy. In all cases one appliance must be installed at manufacturer's
recommendations or for each thirty feet [9.15 meters] of hallway or exit corridor or fraction thereof.
History: Effective August 1, 1988; amended effective January 1, 2008.
General Authority: NDCC 23-01-03(3), 23-09-02.1
Law Implemented: NDCC 23-09-02.1
### § 33-33-05-03. Devices for the hard of hearing.

At least one sleeping room in every lodging establishment or assisted living facility shall be
equipped with a listed smoke detection device capable of producing at least eighty-five decibels of
sound at ten feet [3.05 meters] and capable of flashing a two hundred fifty watt bulb for a period of
five minutes.
History: Effective August 1, 1988; amended effective January 1, 2008.
General Authority: NDCC 23-01-03(3), 23-09-02.1
Law Implemented: NDCC 23-09-02.1
### § 33-33-05-04. Initial testing and certification.

After a smoke detection system has been initially installed, the lodging establishment or assisted
living facility owner or manager shall certify in writing to the state department of health that the system
has been tested and that each smoke detection device is working properly. Copies of written installer
certifications will be accepted as owner or manager certifications.
History: Effective August 1, 1988; amended effective January 1, 2008.
General Authority: NDCC 23-01-03(3), 23-09-02.1
Law Implemented: NDCC 23-09-02.1

### § 33-33-05-05. System inspection - Testing - Maintenance.

1. No smoke detection device shall be approved unless the device installer:
a. Instructs the owner or manager in the operation of the system.
b. Provides the owner or manager with a set of written instructions for the proper
maintenance and testing of the system.
2. The owner or manager or designee of the owner or manager of a lodging establishment or
assisted living facility shall test at least ten percent of the battery-operated smoke detectors
weekly and at least ten percent of the hard-wired detectors monthly on a systematic basis.
The owner or manager or designee of the owner or manager shall maintain written records for
two years which:
a. Detail the date of the test, the units tested, the name of the person conducting the test,
and the results of the test.
b. Indicate the date, results, and name of the person conducting a complete system
maintenance inspection and test. Complete tests shall be conducted once each year or
more often as necessary to assure proper operational condition.
3. The owner or manager of a lodging establishment or assisted living facility is responsible for,
and shall cause, the necessary maintenance service or repairs to be made to ensure proper
operational conditions of the smoke detection system at all times.
History: Effective August 1, 1988; amended effective January 1, 2008.
General Authority: NDCC 23-01-03(3), 23-09-02.1
Law Implemented: NDCC 23-09-02.1
