For the answer to this question, we consulted the Office of Insurance and Safety Fire Commissioner. Your landlord is required to provide a fire extinguisher in either the common areas of your apartment complex or in your apartment unit. In addition, an apartment, house or condominium must contain a smoke detector.
The fact that the fire extinguisher was empty will not negate your liability. You MAY be able to get contribution from the landlord depending on the language of your lease. So if the lease required that the landlord provide and maintain/inspect fire extinguishers, that would help you. If the lease is silent on that issue, that could hurt.
Should landlord provide fire extinguisher when it’s not …
I don’t know where you get the idea that the landlord is not responsible for supplying fire extinguishers in a 3-family house. EVERY dwelling in N.J. must pass inspection for smoke detectors, carbon monoxide detectors and fire extinguishers at the time of every sale or change of occupancy. That means that every time a new tenant is moving in, the landlord must …
This code may differ for single-family homes vs. multi-family complexes, but the theory is the same. You need to provide fire extinguishers for the tenants to use in the event of a fire. More on how we handle that below. What kind of fire escapes or ladders do you need to provide for rentals with more than one story?
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Does my Landlord have to provide a fire extinguisher?
For the answer to this question, we consulted the Office of Insurance and Safety Fire Commissioner. Your landlord is required to provide a fire extinguisher in either the common areas of your apartment complex or in your apartment unit. In addition, an apartment, house or condominium must contain a smoke detector.
Do landlords have to provide smoke detectors?
While landlords are required to provide these installations, tenants are required to keep the smoke detector in good working order. The National Fire Protection Association offers the following guidelines for testing and maintaining smoke detectors:
What do I need to know about fire alarm requirements?
The detectors must be listed and meet the installation requirements of the NFPA 72 (the National Fire Alarm and Signaling Code) and the fire safety commission. The law is enforced by local building and fire code officials.
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Reference:
https://www.usfa.fema.gov/
https://en.wikipedia.org/wiki/Fire_extinguisher