Re: To Linda.... - Landlord Forum thread

Re: To Linda.... by Betty L. (Ca) on February 5, 2012 @11:13

Maybe you don't know where to look! It's easily located just where Sara gave the information from. All you have to do is read through all of the code to find what applies to you. If you do not understand, well that's a problem no one can help you with. The usage of the word 'Occupant' does not always refer to a 'tenant' as you seem to believe, but can refer to one such as a corporation or business who utilizes the "Property". The law is clear, if you are required to have fire extinguishers, then you must maintain and service them.

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Here are details & link--NOTHING about case law by Anonymous on February 5, 2012 @13:27	[ Reply ]

Apparently the law does not mandate a sfh rental to have a fire extinguishe, but CA does mandate smoke alarms and CO detectors. No one has been able to cite CA state law that expands or limits the definition of "occupants." So that being said, the responsibility rests on the tenants if they signed the rental agreement accepting responsibility for servicing/maintaining the fire extinguisher provided for them by the LL. Here's some extra info that is from the office of the state fire marshall, dated 2005, but NOTHING AT THIS SITE addresses case law where "occupants" exclude the actual tenants as occupants: http://www.glendale.edu/fire/Documents/ClassMaterials/Fire_Extinguishers/CSFM%20Fire%20Extinguisher%20Study%20Guide.pdf

Re: Here are details & link--NOTHING about case law by Betty L. (Ca) on February 5, 2012 @15:03	[ Reply ]

“Occupant” means any person who is: (a) lawfully living or sleeping in a building or structure, if its intended purpose is residential; or, (b) lawfully inside and lawfully utilizing the building or structure on a basis consistent with the purpose for which it is lawfully intended and designed, if its intended purpose is nonresidential. What do you not understand, (b) is what is what the code refers to as 'occupant'. Are you so uncaring that you would not do the right thing and invest in the safety of your own property and the lives of your tenants because there is no law that mandates that you do it! How ridiculous you sound "I not doing it because it's not mandated by law" Check with your insurance company and see what they say? Some people just will not do the right thing unless they are force to do so. By the way if you had indeed did your research, you would have found that owner/occupied rentals not consisting of more than two units are exempt. Keep searching, you might learn something.

In conflict with what Sara posted & reread the OP by Anonymous on February 5, 2012 @15:22	[ Reply ]

Sara posted this: "(Cal Courts have found that 'occupants' is related to those instances of spaces that are used for non living areas such as offices, business's, storage facilities, garages etc.)" What you posted above about "occupant" is in conflict with that. The original post referenced a tenant question about having to maintain the fire extinguisher, which the LL provided, because that "maintenance" was in the rental agreement he signed.

Re: In conflict with what Sara posted & reread the OP

Re: In conflict with what Sara posted & reread the