Deactivating the smoke detector

27 posts in this topic

Hi,

 

I am living in Studentenwerk Göttingen and I have deactivated and removed the smoke detector which is in my room, because of it's false alarm that woke me up several times, and I don't want it to turn off while I am outside. Is that legal?

 

Friend of mine told me that I shouldn't tell the administration of this dormitory that I removed the detector because they might ask me to pay a fine.

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§ 145 StGB - Mißbrauch von Notrufen und Beeinträchtigung von Unfallverhütungs- und Nothilfemitteln.

(1) Wer absichtlich oder wissentlich

  1. Notrufe oder Notzeichen mißbraucht oder  2. vortäuscht, daß wegen eines Unglücksfalles oder wegen gemeiner Gefahr oder Not die Hilfe anderer erforderlich sei,

wird mit Freiheitsstrafe bis zu einem Jahr oder mit Geldstrafe bestraft.

(2) Wer absichtlich oder wissentlich

  1. die zur Verhütung von Unglücksfällen oder gemeiner Gefahr dienenden Warn- oder Verbotszeichen beseitigt, unkenntlich macht oder in ihrem Sinn entstellt oder   2. die zur Verhütung von Unglücksfällen oder gemeiner Gefahr dienenden Schutzvorrichtungen oder die zur Hilfeleistung bei Unglücksfällen oder gemeiner Gefahr bestimmten Rettungsgeräte oder anderen Sachen beseitigt, verändert oder unbrauchbar macht,

wird mit Freiheitsstrafe bis zu zwei Jahren oder mit Geldstrafe bestraft, wenn die Tat nicht in § 303 oder § 304 mit Strafe bedroht ist. 

 

I don't know how you are going to get dealt with, but there is an imprisonment or a fine for tampering with safety measures (which could/can lead to deaths in case there is a fire, thanks to your actions).

I'd suggest you install it back, and just Report the false Alarm. They might help you Mute it (if it is a modern one).

 

Note: This is not a legal advice. Only a Suggestion. I might be wrong too.

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10 minutes ago, Erdmann said:

I don't know how you are going to get dealt with, but there is an imprisonment or a fine for tampering with safety measures (which could/can lead to deaths in case there is a fire, thanks to your actions).

Bullshit. This piece of law refers to public buildings or someone's else property. It doesn't apply to own private home. 

 

But! According to most state laws smoke detectors are compulsory, so if there is fire when you are not at home and because of deactivated smoke detector the fire brigade arrives too late, you are at fault, either your landlord or their insurance will make you pay for all the damage, which can be hundreds of thousands of euros. You can deactivate smoke detector, but you put yourself at risk to be liable for this damage. This liability will not disappear if you move out of country.

 

So, better to ask the Hausverwaltung to fix it.

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2 minutes ago, yourkeau said:

Bullshit. This piece of law refers to public buildings or someone's else property. It doesn't apply to own private home. 

 

Is OP Living in his own Private home?

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11 minutes ago, yourkeau said:

Bullshit. This piece of law refers to public buildings or someone's else property. It doesn't apply to own private home. 

 

 

Are you sure? The statute quoted doesn't mention that. What makes you think this restriction applies? I am not saying you are wrong--just trying to get the facts.

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46 minutes ago, KhTaheri said:

I am living in Studentenwerk Göttingen and I have deactivated and removed the smoke detector which is in my room, because of it's false alarm that woke me up several times, and I don't want it to turn off while I am outside. Is that legal?

 

Friend of mine told me that I shouldn't tell the administration of this dormitory that I removed the detector because they might ask me to pay a fine.

 

Whatever the law states the sensible thing to do is to get it fixed, not disable it. Speak to someone and get it fixed or, 

 

Worst case scenario - fire in the building and you are dead. 

2nd worst case scenario - fire in the building and other people die, you survive but go to prison. 

3rd worst case scenario - it bleeps all night and you are totally knackered in the morning.

4th worst case scenario - it's a haunted smoke detector and a poltergeist will attack you during the night. This night - muhahahaha!

 

Sleep well, KhTaheri!  :o

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9 minutes ago, Smaug said:

Are you sure? The statute quoted doesn't mention that. What makes you think this restriction applies? I am not saying you are wrong--just trying to get the facts.

 

Yourkeau is not wrong about private homes. Though it is going to bite a person's Ass (in an Apartment, or a rented house) in case there is a fire.

 

I assumed that OP is living in a hostel (since he mentioned dormitory), and his actions will affect people around him. So the laws do apply in this case. I mean, if that could could be considered a "private residence", then so can a hotel room by that logic.

 

At the end, law or no law, a fire alarm is for people's own good. So many countries don't even have good Fire alarm system. If it's faulty, the best thing to do is report it.

 

I only suggested OP to do the sensible thing.

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Trying to find something to support my point, I found this:

http://www.frag-einen-anwalt.de/Rauchmelder-im-Wohnzimmer-Fehlalarm-Anzeige-wegen-Missbrauch-von-Notrufen--f287653.html

 

A couple was charged with §145 for causing false alarm by smoking in own apartment. Doesn't really support my point, but shows main purpose of this article: to prevent people from abusing emergency alarms by causing false alarms. OP wants to do the opposite of that: to prevent false alarms. This excludes criminal liability, methinks.

22 minutes ago, hellfire99 said:

2nd worst case scenario - fire in the building and other people die, you survive but go to prison. 

And this is also not true: OP's smoke detector is not the only detector in house. He only risks his life, the lives of others are protected by their own smoke detectors.

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2 minutes ago, yourkeau said:

He only risks his life, the lives of others are protected by their own smoke detectors.

 

False, his alarm unable to detect early (Scenario being that the fire originated from his room), is going to delay the fire fighter's reaction time. Leading to more damages/deaths.

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To OP- please, please re-activate it. Call admin- report it as malfunctioning. Maybe it is just the battery that needs replacing, but may need  a new detector.

 This is too important for you and other residents to ignore.  So many deaths caused by smoke inhalation in fires. Fire and smoke can and do spread throughout a house/building.

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6 minutes ago, yourkeau said:

OP wants to do the opposite of that: to prevent false alarms. This excludes criminal liability, methinks.

 

I'm sure every room might have their own reasons to have their detector removed too. Problem solved. No more alarms...ever.

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32 minutes ago, hellfire99 said:

 

Whatever the law states the sensible thing to do is to get it fixed, not disable it. Speak to someone and get it fixed or, 

 

2nd worst case scenario - fire in the building and other people die, you survive but go to prison. 

 

10 minutes ago, yourkeau said:

And this is also not true: OP's smoke detector is not the only detector in house. He only risks his life, the lives of others are protected by their own smoke detectors.

 

What if  KhTahei has a partner sleeping in the same room.

 

A lover, if you will.

 

The smoke alarm goes off, KhTahei jumps out the window breaking both his legs and his back and is in a wheelchair for life. The partner is left in the smoke filled room and dies from smoke inhalation. 

 

Then what? 

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12 minutes ago, hellfire99 said:

The smoke alarm goes off, KhTahei jumps out the window breaking both his legs and his back and is in a wheelchair for life. The partner is left in the smoke filled room and dies from smoke inhalation. 

 

Then what? 

That can qualify for unterlassene Hilfeleistung, but very difficult to prove, almost impossible.

If one has fear for owns life, one has a right to think about it first and give aid thereafter.

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21 minutes ago, Erdmann said:

 

I'm sure every room might have their own reasons to have their detector removed too. Problem solved. No more alarms...ever.

There are still 500 year fachwerk houses in Germany. 500 years without smoke detectors, terrible.

 

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1 hour ago, Smaug said:

If the smoke detector is malfunctioning report it so that it can be fixed. Don't turn it off!

 

1 hour ago, Erdmann said:

I don't know how you are going to get dealt with, but there is an imprisonment or a fine for tampering with safety measures (which could/can lead to deaths in case there is a fire, thanks to your actions).

I'd suggest you install it back, and just Report the false Alarm. They might help you Mute it (if it is a modern one)

Note: This is not a legal advice. Only a Suggestion. I might be wrong too.

 

1 hour ago, yourkeau said:

According to most state laws smoke detectors are compulsory, so if there is fire when you are not at home and because of deactivated smoke detector the fire brigade arrives too late, you are at fault, either your landlord or their insurance will make you pay for all the damage, which can be hundreds of thousands of euros. You can deactivate smoke detector, but you put yourself at risk to be liable for this damage. This liability will not disappear if you move out of country.

 

So, better to ask the Hausverwaltung to fix it.

 

1 hour ago, hellfire99 said:

 

Whatever the law states the sensible thing to do is to get it fixed, not disable it. Speak to someone and get it fixed or, 

 

Worst case scenario - fire in the building and you are dead. 

2nd worst case scenario - fire in the building and other people die, you survive but go to prison. 

3rd worst case scenario - it bleeps all night and you are totally knackered in the morning.

4th worst case scenario - it's a haunted smoke detector and a poltergeist will attack you during the night. This night - muhahahaha!

 

Sleep well, KhTaheri!  :o

 

38 minutes ago, RedMidge said:

To OP- please, please re-activate it. Call admin- report it as malfunctioning. Maybe it is just the battery that needs replacing, but may need  a new detector.

 This is too important for you and other residents to ignore.  So many deaths caused by smoke inhalation in fires. Fire and smoke can and do spread throughout a house/building.

 

 

Many thanks to you all for your consideration and sharing your PoV; 

 

I will go to the administration office and tell them about this issue, I hope they will help me to reinstall the smoke detector in my room, and I hope that I shouldn't pay any fine for removing the false alarming detector. 

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23 minutes ago, yourkeau said:

There are still 500 year fachwerk houses in Germany. 500 years without smoke detectors, terrible.

 

Go sue them. Yourkeau to the rescue.

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11 minutes ago, KhTaheri said:

I will go to the administration office and tell them about this issue, I hope they will help me to reinstall the smoke detector in my room, and I hope that I shouldn't pay any fine for removing the false alarming detector. 

 

How did you remove it in the first place? I have absolutely no clue, since I never thought about it. Is there a Chance that you could put it back yourself?

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29 minutes ago, KhTaheri said:

 

 

I will go to the administration office and tell them about this issue, I hope they will help me to reinstall the smoke detector in my room, and I hope that I shouldn't pay any fine for removing the false alarming detector. 

 

I'd just tell them that it fell off. ;-) 

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