House Amendment 8239


PAG LIN

     1  1    Amend House File 2508 as follows:
     1  2 #1.  Page 1, before line 1 by inserting:
     1  3    <Section 1.  NEW SECTION.  100.17  Carbon monoxide
     1  4 detectors.
     1  5    1.  As used in this section:
     1  6    a.  "Carbon monoxide detector" means a device which
     1  7 detects carbon monoxide and which incorporates control
     1  8 equipment and an alarm=sounding unit operated from a
     1  9 power supply either in the unit or obtained at the
     1 10 point of installation.  A "carbon monoxide detector"
     1 11 may include a device that also meets the definition of
     1 12 a smoke detector under section 100.18, if the device
     1 13 produces a distinct audible alarm for each type of
     1 14 hazard.
     1 15    b.  "Dormitory" means the same as defined in section
     1 16 100.18.
     1 17    c.  "Fossil fuel" means coal, kerosene, oil,
     1 18 wood, fuel gases, or other petroleum or hydrocarbon
     1 19 products that emit carbon monoxide as a by=product of
     1 20 combustion.
     1 21    d.  "Multiple=unit residential dwelling" means a
     1 22 residential building, an apartment house, or a portion
     1 23 of a building or an apartment house with two or more
     1 24 dwelling units. "Multiple=unit residential dwelling"
     1 25 does not include a hotel, motel, dormitory, or rooming
     1 26 house.
     1 27    2.  a.  A multiple=unit residential dwelling
     1 28 containing a fossil fuel heater, fossil fuel furnace,
     1 29 fossil fuel appliance, fossil fuel fireplace, or an
     1 30 attached garage shall have approved carbon monoxide
     1 31 detectors installed in each dwelling unit according
     1 32 to the requirements of this section and the rules
     1 33 established by the state fire marshal under subsection
     1 34 3.
     1 35    b.  A single=family dwelling containing a fossil
     1 36 fuel heater, fossil fuel furnace, fossil fuel
     1 37 appliance, fossil fuel fireplace, or an attached garage
     1 38 shall have approved carbon monoxide detectors installed
     1 39 according to the requirements of this section and the
     1 40 rules established by the state fire marshal under
     1 41 subsection 3.
     1 42    c.  Carbon monoxide detectors required under
     1 43 paragraph "a" or "b" shall be installed in the
     1 44 immediate vicinity of the sleeping area of the
     1 45 dwelling.
     1 46    3.  a.  The state fire marshal shall adopt rules
     1 47 under chapter 17A concerning the placement of carbon
     1 48 monoxide detectors and the use of acceptable carbon
     1 49 monoxide detectors.
     1 50    b.  This section does not prohibit a county or city
     2  1 from adopting carbon monoxide detector requirements
     2  2 that are more stringent than those in this section.
     2  3    4.  a.  The owner of a single=family dwelling or
     2  4 multiple=unit residential dwelling that is used as a
     2  5 rental property and subject to the requirements of
     2  6 subsection 2, shall do all of the following:
     2  7    (1)  Provide and install one approved carbon
     2  8 monoxide detector within each dwelling or dwelling unit
     2  9 located in the immediate vicinity of the sleeping area
     2 10 of the dwelling or dwelling unit.
     2 11    (2)  Replace any carbon monoxide detector that has
     2 12 been stolen, removed, or rendered inoperable prior
     2 13 to the commencement of a tenancy, unless the carbon
     2 14 monoxide detector was replaced by the previous tenant.
     2 15    (3)  Ensure that all batteries required for
     2 16 operation of the carbon monoxide detector are replaced
     2 17 prior to the commencement of a tenancy.
     2 18    b.  Except as required under paragraph "a", an
     2 19 owner of a single=family dwelling or multiple=unit
     2 20 residential dwelling that is used as a rental property
     2 21 and subject to the requirements of subsection 2,
     2 22 is not required to maintain, repair, or replace a
     2 23 carbon monoxide detector, including the replacement of
     2 24 batteries, if applicable.
     2 25    5.  In lieu of the carbon monoxide detector
     2 26 installation requirements under subsections 2 and 4,
     2 27 the owner of a multiple=unit residential dwelling that
     2 28 is used as a rental property and that is otherwise
     2 29 subject to the requirements of subsection 2, may
     2 30 install an approved carbon monoxide detector not
     2 31 less than ten feet and not more than twenty=five
     2 32 feet from each centralized fossil fuel heater, fossil
     2 33 fuel furnace, fossil fuel appliance, or fossil fuel
     2 34 fireplace if the carbon monoxide detector is able
     2 35 to produce an alarm to alert all residents of the
     2 36 multiple=unit residential dwelling of a hazard.
     2 37 However, this subsection shall not relieve the owner
     2 38 of the installation requirements under subsections
     2 39 2 and 4 for any dwelling unit in the multiple=unit
     2 40 residential dwelling that also contains an attached
     2 41 garage or a fossil fuel heater, fossil fuel furnace,
     2 42 fossil fuel appliance, or fossil fuel fireplace that
     2 43 is not centralized.
     2 44    6.  A lessee or tenant of a single=family dwelling
     2 45 or multiple=unit residential dwelling that is used as
     2 46 a rental property and subject to the requirements of
     2 47 subsection 2 shall do all of the following:
     2 48    a.  Test and maintain the carbon monoxide detector
     2 49 in good repair.
     2 50    b.  Replace batteries as needed.
     3  1    c.  Replace a carbon monoxide detector that is
     3  2 stolen, removed, or rendered inoperable during the
     3  3 lessee or tenant's tenancy.
     3  4    d.  Notify the owner of the single=family dwelling
     3  5 or multiple=unit residential dwelling or the owner's
     3  6 authorized agent in writing if the lessee or tenant is
     3  7 unable to correct a deficiency related to the carbon
     3  8 monoxide detector.
     3  9    7.  A person shall not render inoperable a carbon
     3 10 monoxide detector that is required to be installed
     3 11 under this section, unless the person is replacing
     3 12 the batteries in the carbon monoxide detector or
     3 13 inspecting, maintaining, or repairing the carbon
     3 14 monoxide detector.
     3 15    8.  a.  A person who files for a homestead tax
     3 16 credit pursuant to chapter 425 shall certify that the
     3 17 single=family dwelling for which the credit is filed
     3 18 has a carbon monoxide detector installed in compliance
     3 19 with this section, or that one will be installed within
     3 20 thirty days of the date the filing for the credit is
     3 21 made.
     3 22    b.  Each property tax statement delivered under
     3 23 section 445.5 for property subject to the requirements
     3 24 of this section shall include information relating to
     3 25 the applicable carbon monoxide requirements.>
     3 26 #2.  Page 1, after line 18 by inserting:
     3 27    <Sec. ___.  Section 445.5, Code 2009, is amended by
     3 28 adding the following new subsection:
     3 29    NEW SUBSECTION.  1A.  For each parcel that is
     3 30 subject to the carbon monoxide detector requirements
     3 31 under section 100.17, the treasurer shall include
     3 32 written information relating to the applicable
     3 33 carbon monoxide detector requirements along with each
     3 34 statement mailed under subsection 1.
     3 35    Sec. ___.  EFFECTIVE DATE.  The sections of this Act
     3 36 enacting section 100.17 and amending section 445.5 take
     3 37 effect July 1, 2013.>
     3 38 #3.  Page 1, line 19, by striking <This Act> and
     3 39 inserting <The sections of this Act amending sections
     3 40 331.304 and 364.17>
     3 41 #4.  Page 1, line 20, by striking <takes> and
     3 42 inserting <take>
     3 43 #5.  Title page, line 1, after <to> by inserting
     3 44 <residential dwelling safety devices by requiring
     3 45 carbon monoxide detectors in certain dwellings and
     3 46 establishing requirements for>
     3 47 #6.  By renumbering as necessary.


                                        
          BURT of Black Hawk
          HF2508.1553 (4) 83
          md/sc

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