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 -1-