An Act To Amend the Law Pertaining to Smoke Detectors and Carbon Monoxide Detectors
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, smoke detectors and carbon monoxide detectors clearly save lives and property and widespread use must be promoted; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 25 MRSA §2464, sub-§2, as repealed and replaced by PL 2009, c. 162, §1, is repealed.
Sec. 2. 25 MRSA §2464, sub-§2-A is enacted to read:
A smoke detector installed in a corridor within 20 feet of a kitchen or of a bathroom containing a tub or shower must be a photoelectric-type smoke detector.
Sec. 3. 25 MRSA §2464, sub-§6, as amended by PL 2009, c. 162, §2, is further amended to read:
Sec. 4. 25 MRSA §2464, sub-§9, as enacted by PL 2009, c. 162, §3, is amended to read:
Sec. 5. 25 MRSA §2464, sub-§10, as enacted by PL 2009, c. 162, §4, is amended to read:
A person may not have a claim for relief against a property owner, a property purchaser, an authorized agent of a property owner or purchaser, a person in possession of real property or a smoke detector installer for any damages resulting from the proper operation, maintenance or effectiveness of a smoke detector.
Violation of this subsection does not create a defect in title.
Sec. 6. 25 MRSA §2468, sub-§1, ¶B, as enacted by PL 2009, c. 162, §5, is amended to read:
Sec. 7. 25 MRSA §2468, sub-§2, as enacted by PL 2009, c. 162, §5, is amended to read:
A carbon monoxide detector must be powered both by the electrical service in the building or dwelling and by battery.
Sec. 8. 25 MRSA §2468, sub-§4, as enacted by PL 2009, c. 162, §5, is amended to read:
Sec. 9. 25 MRSA §2468, sub-§5, as enacted by PL 2009, c. 162, §5, is amended to read:
This subsection does not apply to a hotel, motel, inn or bed and breakfast licensed as an eating and lodging place under Title 22, chapter 562.
Sec. 10. 25 MRSA §2468, sub-§6, as enacted by PL 2009, c. 162, §5, is amended to read:
A person may not have a claim for relief against a property owner, a property purchaser, an authorized agent of a property owner or purchaser, a person in possession of real property or a carbon monoxide detector installer for any damages resulting from the proper operation, maintenance or effectiveness of a carbon monoxide detector.
Violation of this subsection does not create a defect in title.
Sec. 11. PL 2009, c. 162, §6 is amended to read:
Sec. 6. Transfer funds from Department of Public Safety, Office of the State Fire Marshal. The Commissioner of Public Safety shall may transfer up to $100,000 from the Department of Public Safety, Office of the State Fire Marshal for the purpose of purchasing carbon monoxide detectors for distribution through the Maine State Housing Authority, community action agencies, local fire departments, associations representing realtors and any other organizations that could be used to promote the placement of carbon monoxide detectors in homes. Only organizations that are willing and have the ability to properly install these detectors are eligible to participate in this program. Purchase of carbon monoxide detectors may not be made, or a contract executed, without the approval of the Director of the Bureau of General Services within the Department of Administrative and Financial Services.
Sec. 12. Appropriations and allocations. The following appropriations and allocations are made.
PUBLIC SAFETY, DEPARTMENT OF
Fire Marshal - Office of 0327
Initiative: Provides one-time funding for the purchase of carbon monoxide detectors and educational materials.
| OTHER SPECIAL REVENUE FUNDS | 2009-10 | 2010-11 |
|
All Other
|
$0 | $115,000 |
 |
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $115,000 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
SUMMARY
This bill makes the following clarifications to the law governing smoke detectors and carbon monoxide detectors.
1. Smoke detectors are required in each unit in a multifamily building and in any single-family dwelling built after January 1, 1982. Smoke detectors are also required in any single-family dwelling in which an addition adding a new bedroom is constructed, or in any dwelling that is converted to a single-family dwelling, after September 19, 1985. These dates reflect the effective dates of the original legislation requiring smoke detectors.
2. Smoke detectors are required in all rental units rather than only rental apartments.
3. Landlords may install 10-year sealed tamper-resistant battery-powered smoke detectors in rented single-family dwellings.
4. Smoke detectors must be installed in rental units at the time of a new occupancy if they are not already present.
5. Smoke detectors required upon transfer of a dwelling to a new owner may be powered by the electrical service, by battery or by both.
6. Electrical service for carbon monoxide detectors is defined as either plugging the device into an outlet or hard-wiring it.
7. The buyer of any single-family dwelling or multifamily apartment building must install carbon monoxide detectors and certify that the buyer has done so.
8. Carbon monoxide detectors in rental units, new construction and dwellings that are transferred to new owners are required to be powered by both electrical service and by battery.
9. Carbon monoxide detectors are required in all rental units. At the time of new occupancy, the landlord must ensure that carbon monoxide detectors are present.
10. Rental units requiring carbon monoxide detectors do not include hotels, motels, inns or bed and breakfast establishments licensed as eating and lodging places under the Maine Revised Statutes, Title 22, chapter 562.
11. The Commissioner of Public Safety may transfer up to $100,000 from the Department of Public Safety, Office of the State Fire Marshal for the purpose of purchasing carbon monoxide detectors for distribution. This amends Public Law 2009, chapter 162, which required the transfer of $100,000 for this purpose.
12. One-time funding of $115,000 is provided in fiscal year 2010-11 for the purpose of purchasing carbon monoxide detectors and educational materials.