Text: SSB01190 Text: SSB01192 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 135.30B CARBON MONOXIDE ALARM
1 2 INSTALLATION AND INSPECTION PROGRAM.
1 3 1. As used in this section, unless the context otherwise
1 4 requires:
1 5 a. "Carbon monoxide alarm" means a device which detects
1 6 the presence of carbon monoxide, is equipped with an alarm to
1 7 warn of a hazardous level of carbon monoxide, uses an internal
1 8 power supply or one obtained at the point of installation, and
1 9 displays or warns of the hazard of carbon monoxide levels.
1 10 b. "Dormitory" means a residential building or portion of
1 11 a building at an educational institution that houses students
1 12 in rooms not individually equipped with cooking facilities.
1 13 c. "Rental unit" means a multifamily or a single-family
1 14 residential building or dwelling, an apartment house, or a
1 15 portion of a building or an apartment house with one or more
1 16 units, trailer park, duplex, condominium, townhouse, hotel,
1 17 motel, dormitory, or rooming house.
1 18 2. a. The department shall establish and implement a
1 19 carbon monoxide alarm installation and inspection program.
1 20 b. The owner or owner's agent of a rental unit shall
1 21 install and maintain the operability of department-approved
1 22 carbon monoxide alarms in the rental unit in compliance with
1 23 this section and rules adopted by the department.
1 24 c. The carbon monoxide alarms shall display a label from
1 25 the underwriters laboratories, the international approval
1 26 service, or another label specifically approved by the
1 27 department.
1 28 d. An owner or owner's agent of a rental unit shall supply
1 29 light-emitting carbon monoxide alarms, upon request, for a
1 30 tenant with a hearing impairment.
1 31 3. a. The department shall enforce the requirements of
1 32 this section, develop standards for acceptable carbon monoxide
1 33 alarms, and implement a program of inspections to monitor
1 34 compliance concerning the installation and operation of
1 35 department-approved carbon monoxide alarms. Upon inspection,
2 1 the department shall issue a written notice to the owner or
2 2 owner's agent of the rental unit informing the owner or
2 3 owner's agent of compliance or noncompliance. The department
2 4 may contract with any public or private agency or with a
2 5 political subdivision for the performance of the inspection
2 6 and notification responsibilities.
2 7 b. The inspections authorized under this section are
2 8 limited to the installation, repair, and operability of carbon
2 9 monoxide alarms.
2 10 4. The inspection of a building or notification of
2 11 compliance or noncompliance shall not be the basis for a legal
2 12 cause of action against the public or private agency, the
2 13 political subdivision, the department, building inspectors, or
2 14 other building or safety officials due to a failure to
2 15 discover a latent defect in the course of inspection.
2 16 5. If a carbon monoxide alarm is found to be inoperable,
2 17 the owner or owner's agent of a rental unit shall correct the
2 18 situation within fourteen days after written notification by a
2 19 tenant, a guest, a roomer, the department, or other building
2 20 or safety official is received by the owner or owner's agent.
2 21 If the owner or owner's agent of a rental unit fails to
2 22 correct the situation within fourteen days, the tenant, guest,
2 23 or roomer may cause the carbon monoxide alarm to be repaired
2 24 or purchase and install a carbon monoxide alarm and may deduct
2 25 the repair cost or purchase price from the next rental payment
2 26 or payments made by the tenant, guest, or roomer. However, an
2 27 owner may require a tenant, guest, or roomer, who has
2 28 residency of longer than thirty days, to provide the battery
2 29 for a battery-operated carbon monoxide alarm.
2 30 6. A person shall not intentionally tamper with or render
2 31 inoperable a carbon monoxide alarm that is required to be
2 32 installed and operational pursuant to this section.
2 33 7. A person who violates a provision of this section is
2 34 guilty of a serious misdemeanor.
2 35 8. The department may establish a fee schedule for
3 1 inspection of rental units and a surcharge on the sale of
3 2 carbon monoxide alarms. Any moneys received from fees and
3 3 surcharges shall be deposited in the general fund of the state
3 4 and are appropriated to the department for purposes of
3 5 administering this section.
3 6 9. The department shall adopt rules pursuant to chapter
3 7 17A to administer this section.
3 8 EXPLANATION
3 9 This bill creates a carbon monoxide alarm installation and
3 10 inspection program administered by the department of public
3 11 health.
3 12 The bill provides that the owner of a rental unit shall
3 13 install and maintain the operability of department-approved
3 14 carbon monoxide alarms. The bill provides that the alarms
3 15 shall display a label from the underwriters laboratories, the
3 16 international approval service, or another label specifically
3 17 approved by the department. The bill provides that an owner
3 18 or owner agent of a rental unit shall supply light-emitting
3 19 carbon monoxide alarms, upon request, for a tenant with a
3 20 hearing impairment.
3 21 The bill provides that the department shall implement an
3 22 inspection program regarding the placement and use of
3 23 department-approved carbon monoxide alarms. The bill provides
3 24 that the owner or owner's agent of a rental unit shall receive
3 25 notice regarding compliance or noncompliance and the
3 26 department may contract with any public or private agency or
3 27 with a political subdivision for the performance of
3 28 inspections and notification.
3 29 The bill provides that the inspection of a building or
3 30 notification of compliance or noncompliance shall not be the
3 31 basis for a legal cause of action due to the failure to
3 32 discover a latent defect in the course of inspection.
3 33 The bill provides that, if an alarm is found to be
3 34 inoperable, the owner or owner's agent shall have 14 days
3 35 after written notice to correct the situation. The bill
4 1 provides that a tenant, guest, or roomer may deduct, repair,
4 2 or purchase costs from rental payments if the owner or owner's
4 3 agent fails to correct the situation within 14 days.
4 4 The bill provides that a person shall not tamper with or
4 5 render inoperable a carbon monoxide alarm that is required to
4 6 be installed and operational.
4 7 The bill provides that a person who violates a provision
4 8 relating to the carbon monoxide program is guilty of a serious
4 9 misdemeanor. A serious misdemeanor is punishable by
4 10 confinement for no more than one year and a fine of at least
4 11 $250 but not more than $1,500.
4 12 The bill allows the department to establish a fee schedule
4 13 and a surcharge for purposes of financially supporting the
4 14 operation of the carbon monoxide program.
4 15 The bill requires the department to adopt rules for
4 16 implementing the carbon monoxide alarm program.
4 17 LSB 1230DP 79
4 18 tm/cls/14.1
Text: SSB01190 Text: SSB01192 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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