An investigation is under way to determine who is at fault in the operational failure of smoke detectors in two Marvin Gardens apartments that were evacuated last week after an early-morning fire March 29.

The smoke detector in apartment 13, where the fire ignited from the tenant's cigarette, was found on the floor, and Centre Region Code Administration Senior Fire and Housing Inspector Tim Knisley said it was determined that the detector did not have a battery.

"I was the inspector on scene that morning, and I followed up with tenants," Knisley said. "As part of the routine inspection, the fire department searched for smoke alarms and found that this one did not have a battery."

Knisley said another inoperable smoke detector was located in an apartment on the top floor of the building, above the apartment that caught fire; the cause of that detector's failure is still under investigation, he added.

Knisley said the investigation should determine whether the landlord or the tenant is responsible for the battery being missing.

Phone calls made to the landlord of Marvin Gardens apartments, Rodney Hendricks, were not returned by press time.

Hendricks also owns a house at 500 E. Beaver Ave., which sustained fire damage in April 2005 and resulted in the death of Penn State senior Christopher Raspanti. Hendricks is facing negligence charges in connection with the fire, which was allegedly caused by faulty electrical wiring.

Repairs, mostly including cleaning, are being made to the apartments, Knisley said. He said there is a missing window "upstairs" that is waiting for replacement.

Each apartment is currently required to have one working smoke detector, Knisley said.

Centre Region Fire Marshal Walter Wise said he does not know who will pay for the cleanup and repairs in the apartment building. He said normal procedure is that the owner's insurance pays for the repairs. "I don't know exactly what arrangements are being made here," Wise said. "I can't say specifically, but common practice is that owners insurance pays at this stage. They may go after someone later."

Wise said he did not know exactly why the smoke detectors were inoperable in two of the apartments, but he said generally, inoperable smoke detectors result from an action of the tenant.

Knisley said local ordinance requires that at the beginning of each lease period, the owner provides an operable smoke detector.

After the lease begins, the tenant is responsible for maintaining that alarm, Knisley said. He said that if it fails to work or doesn't work, the tenant must report the problem to maintenance.

Knisley said part of the ongoing investigation is trying to determine who is at fault by interviewing tenants and talking to the owner. Beginning July 1, all apartments will be required to have a smoke detector in every bedroom and outside the bedroom, he said.