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Man and 10-month-old baby died in Winston-Salem apartment fire, why didn't the smoke alarms go off?

"We kept trying to bang on the door, when the fire people came and I told them I believe a baby was in there and they kicked the door in," one neighbor said.

WINSTON-SALEM, N.C. — A fire in Winston-Salem took the lives of a baby and a 21 year old on Sunday. The mom of the 10-month-old is still in the hospital in critical condition according to Assistant Chief Tad Byrum.

The deadly fire had many people questioning smoke detector requirements on social media, calling on the property managers/the landlord for answers because no alarms sounded.

But we found out from officials, some of the responsibility also falls on the tenants shoulders.

RELATED: Baby, man killed in Winston-Salem apartment fire; woman seriously injured

"We kept trying to bang on the door, trying to get somebody out but by that time the fire people came and I told them I believe a baby was in there and they kicked the door in," one neighbor told WFMY News 2's Jess Winters.

The neighbor, who only wanted to be identified as 'John' said he didn't wake up from the chirping of an alarm like he should have.

"I do think that if the fire alarms were working, it could've avoided a lot of this," he said.

Byrum said there were two smoke detectors in the unit where the fire started. They just weren't working.

"There was a battery operated smoke detector in both bedrooms. One did not have a battery and the other had a battery and we’re certain it did not work because there was no indication from witnesses or our department that the alarm was sounding. It is kind of both sad and frustrating at the same time to know the detectors were there but not in operating condition."

He said it's the landlords responsibility to make sure detectors are functioning before tenants move in.

"The fire started in the kitchen and typically we don’t install smoke alarms in kitchens because of the nuisance alarms so there was a detector in each bedroom and that is as recommended by NFPA 72. It’s the responsibility of the landlord to check that, and that’s by North Carolina general statutes and local ordinance. The fire department doesn’t enforce that, but once the tenants are in there, they’re responsible for whatever the lease says if that’s included in the lease."

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That includes checking batteries.

"It is up to whoever is living there to check their smoke alarms periodically and make sure they're working."

WFMY News 2 called the property managers of the building to see if the detectors were checked recently, since neighbors told us the mom moved in only three months ago. We left a voicemail, and haven't heard back yet.

The fire department hasn't heard back from them either.

"We have not been able to get in contact yet," Byrum said.

He added that the fire started on the stove. 

"There was a pot with what looks like remnants of food on the stove, he said. "The number one cause of residential fires in Winston-Salem and the number one cause of residential fires in the the U.S. is unattended cooking. Always watch what is on your cook-top, don't leave your kitchen if something is on the stove."

The department went out and replaced detectors on units that were also not working. Byrum said some were expired,  with a date of 2003 on them. Detectors expire after ten years. 

Winters asked Byrum if the property managers could be cited for this. 

"It’s not up to the fire department to cite in this case, we don’t have the jurisdiction.  

"Who does then?" Winters questioned.

"Our office of community development."

Byrum said his firefighters had a critical incident stress debriefing on Monday afternoon after this tragic event. 

"That’s something you forget about the firefighters themselves, it does deeply affect some more than others. It's always a tragedy when someone dies but when you have an infant or small child it's even worse, especially those of us who have children it tends to affect them a little more deeply." 

 

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