House File 181 - Introduced
HOUSE FILE
BY HOGG
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring carbon monoxide detectors in certain multiple=
2 unit residential buildings and making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1177YH 81
5 ec/cf/24
PAG LIN
1 1 Section 1. Section 100.18, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 2B. a. Multiple=unit residential
1 4 buildings the construction of which is begun on or after July
1 5 1, 2005, shall include the installation of carbon monoxide
1 6 detectors in compliance with the rules established by the
1 7 state fire marshal under subsection 4.
1 8 b. The rules shall require the installation of carbon
1 9 monoxide detectors in existing multiple=unit residential
1 10 buildings. The state fire marshal shall adopt rules and
1 11 establish appropriate procedures to administer this
1 12 subsection.
1 13 c. An owner or an owner's agent of a multiple=unit
1 14 residential building shall supply light=emitting carbon
1 15 monoxide detectors, upon request, for a tenant with a hearing
1 16 impairment.
1 17 Sec. 2. Section 100.18, subsections 4, 6, and 7, Code
1 18 2005, are amended to read as follows:
1 19 4. The state fire marshal shall enforce the requirements
1 20 of subsection subsections 2 and 2B and may implement a program
1 21 of inspections to monitor compliance with the provisions of
1 22 that subsection those subsections. Upon inspection, the state
1 23 fire marshal shall issue a written notice to the owner or
1 24 manager of a multiple=unit residential building or single=
1 25 family dwelling informing the owner or manager of compliance
1 26 or noncompliance with this section. The state fire marshal
1 27 may contract with any political subdivision without fee
1 28 assessed to either the state fire marshal or the political
1 29 subdivision, for the performance of the inspection and
1 30 notification responsibilities. The inspections authorized
1 31 under this section are limited to the placement, repair, and
1 32 operability of smoke detectors and carbon monoxide detectors.
1 33 Any broader inspection authority is not derived from this
1 34 section. The state fire marshal shall adopt rules under
1 35 chapter 17A as necessary to enforce this section including
2 1 rules concerning the placement of smoke detectors and carbon
2 2 monoxide detectors and the use of acceptable smoke detectors
2 3 and carbon monoxide detectors. The smoke detectors and carbon
2 4 monoxide detectors shall display a label or other
2 5 identification issued by an approved testing agency or another
2 6 label specifically approved by the state fire marshal.
2 7 6. If a smoke detector or carbon monoxide detector is
2 8 found to be inoperable in a multiple=unit residential
2 9 building, or if a smoke detector is found to be inoperable in
2 10 a single=family dwelling, the owner or manager of the
2 11 multiple=unit residential building or single=family dwelling
2 12 shall correct the situation within fourteen days after written
2 13 notification to the owner or manager by the tenant, guest,
2 14 roomer, state fire marshal, fire marshal's subordinates,
2 15 chiefs of local fire departments, building inspectors, or
2 16 other fire, building, or safety officials. If the owner or
2 17 manager of a multiple=unit residential building fails to
2 18 correct the situation within the fourteen days the tenant,
2 19 guest, or roomer may cause the smoke detector or carbon
2 20 monoxide detector to be repaired or purchase and install a
2 21 smoke detector or carbon monoxide detector required under this
2 22 section and may deduct the repair cost or purchase price from
2 23 the next rental payment or payments made by the tenant, guest,
2 24 or roomer. However, a lessor or owner may require a lessee,
2 25 tenant, guest, or roomer who has a residency of longer than
2 26 thirty days to provide the battery for a battery operated
2 27 smoke detector or carbon monoxide detector.
2 28 7. No person may render inoperable a smoke detector, or
2 29 carbon monoxide detector which is required to be installed by
2 30 this section, by tampering.
2 31 EXPLANATION
2 32 This bill amends current law that requires smoke detectors
2 33 in multiple=unit residential buildings and single=family
2 34 dwellings to also require the installation of carbon monoxide
2 35 detectors in multiple=unit residential buildings. Multiple=
3 1 unit residential buildings are defined to include residential
3 2 buildings, apartment houses, hotels, dormitories, and rooming
3 3 houses.
3 4 The bill requires the installation of carbon monoxide
3 5 detectors in multiple=unit residential buildings constructed
3 6 on or after July 1, 2005. In addition, the state fire marshal
3 7 shall adopt rules for the installation of carbon monoxide
3 8 detectors in existing multiple=unit residential buildings.
3 9 Owners of a multiple=unit residential building are also
3 10 required to supply light=emitting carbon monoxide detectors
3 11 for hearing=impaired tenants.
3 12 Current requirements applicable to smoke detectors are also
3 13 made applicable to carbon monoxide detectors in the bill. The
3 14 bill provides that the state fire marshal shall enforce the
3 15 requirements of the bill concerning carbon monoxide detectors
3 16 and provides that an occupant of a multiple=unit residential
3 17 building in which the owner fails to install or fix a carbon
3 18 monoxide detector within 14 days of receiving written notice
3 19 may deduct the cost of fixing or installing a carbon monoxide
3 20 detector from the next rental payment. In addition, a person
3 21 is prevented from making a carbon monoxide detector
3 22 inoperable. A person who violates a provision of the bill
3 23 concerning carbon monoxide detectors is guilty of a simple
3 24 misdemeanor.
3 25 LSB 1177YH 81
3 26 ec:nh/cf/24