House Study Bill 577 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON LYKAM) A BILL FOR An Act requiring carbon monoxide detectors in certain dwellings 1 and multiple-unit residential buildings, making penalties 2 applicable, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5550YC (3) 83 md/nh

H.F. _____ Section 1. Section 100.18, subsection 1, Code 2009, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . Oa. “Carbon monoxide detector” means a 3 device which detects carbon monoxide and which incorporates 4 control equipment and an alarm-sounding unit operated from a 5 power supply either in the unit or obtained at the point of 6 installation. 7 Sec. 2. Section 100.18, Code 2009, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 2A. a. Multiple-unit residential buildings 10 and single-family dwellings, the construction of which is 11 begun on or after July 1, 2011, shall include the installation 12 of carbon monoxide detectors in compliance with the rules 13 established by the state fire marshal under subsection 4. 14 b. The rules shall require the installation of carbon 15 monoxide detectors in existing single-family rental units and 16 multiple-unit residential buildings. Existing single-family 17 dwellings shall be equipped with approved carbon monoxide 18 detectors. A person who files for a homestead credit pursuant 19 to chapter 425 shall certify that the single-family dwelling 20 for which the credit is filed has a carbon monoxide detector 21 installed in compliance with this section, or that one will be 22 installed within thirty days of the date the filing for the 23 credit is made. The state fire marshal shall adopt rules and 24 establish appropriate procedures to administer this subsection. 25 c. An owner or an owner’s agent of a multiple-unit 26 residential building or a single-family rental unit shall 27 supply light-emitting carbon monoxide detectors, upon request, 28 for a tenant with a hearing impairment. 29 Sec. 3. Section 100.18, subsections 4, 6, and 7, Code 2009, 30 are amended to read as follows: 31 4. The state fire marshal shall enforce the requirements 32 of subsection subsections 2 and 2A and may implement a program 33 of inspections to monitor compliance with the provisions 34 of that subsection those subsections . Upon inspection, 35 -1- LSB 5550YC (3) 83 md/nh 1/ 4

H.F. _____ the state fire marshal shall issue a written notice to the 1 owner or manager of a multiple-unit residential building or 2 single-family dwelling rental unit informing the owner or 3 manager of compliance or noncompliance with this section. The 4 state fire marshal may contract with any political subdivision 5 without fee assessed to either the state fire marshal or the 6 political subdivision, for the performance of the inspection 7 and notification responsibilities. The inspections authorized 8 under this section are limited to the placement, repair, and 9 operability of smoke detectors and carbon monoxide detectors . 10 Any broader inspection authority is not derived from this 11 section. The state fire marshal shall adopt rules under 12 chapter 17A as necessary to enforce this section including 13 rules concerning the placement of smoke detectors and carbon 14 monoxide detectors and the use of acceptable smoke detectors 15 and carbon monoxide detectors . The smoke detectors and 16 carbon monoxide detectors shall display a label or other 17 identification issued by an approved testing agency or another 18 label specifically approved by the state fire marshal. 19 6. If a smoke detector or carbon monoxide detector is found 20 to be inoperable , the owner or manager of the multiple-unit 21 residential building or single-family dwelling rental 22 unit shall correct the situation within fourteen days after 23 written notification to the owner or manager by the tenant, 24 guest, roomer, state fire marshal, fire marshal’s subordinates, 25 chiefs of local fire departments, building inspectors, or other 26 fire, building, or safety officials. If the owner or manager 27 of a multiple-unit residential building or single-family rental 28 unit fails to correct the situation within the fourteen days 29 the tenant, guest, or roomer may cause the smoke detector or 30 carbon monoxide detector to be repaired or purchase and install 31 a smoke detector or carbon monoxide detector required under 32 this section and may deduct the repair cost or purchase price 33 from the next rental payment or payments made by the tenant, 34 guest, or roomer. However, a lessor or owner may require a 35 -2- LSB 5550YC (3) 83 md/nh 2/ 4

H.F. _____ lessee, tenant, guest, or roomer who has a residency of longer 1 than thirty days to provide the battery for a battery operated 2 smoke detector or carbon monoxide detector . 3 7. No person may render inoperable a smoke detector , or 4 carbon monoxide detector which is required to be installed by 5 this section, by tampering. 6 Sec. 4. EFFECTIVE DATE. This Act takes effect July 1, 2011. 7 EXPLANATION 8 This bill amends current law that requires smoke detectors 9 in multiple-unit residential buildings and single-family 10 dwellings to also require the installation of carbon monoxide 11 detectors, as defined in the bill, in such buildings. 12 The bill requires the installation of carbon monoxide 13 detectors in multiple-unit residential buildings and 14 single-family dwellings constructed on or after July 1, 2011. 15 In addition, the state fire marshal shall adopt rules for 16 the installation of carbon monoxide detectors in existing 17 multiple-unit residential buildings and single-family rental 18 units. The owner of a single-family dwelling is responsible 19 for installing a carbon monoxide detector and shall certify 20 such installation upon filing for a homestead credit. Owners 21 of multiple-unit residential buildings and single-family 22 rental units are also required to supply light-emitting carbon 23 monoxide detectors for hearing-impaired tenants. 24 Current requirements applicable to smoke detectors are also 25 made applicable to carbon monoxide detectors in the bill. The 26 bill provides that the state fire marshal shall enforce the 27 requirements of the bill concerning carbon monoxide detectors 28 and provides that an occupant of a multiple-unit residential 29 building or single-family rental unit in which the owner fails 30 to install or fix a carbon monoxide detector within 14 days 31 of receiving written notice may deduct the cost of fixing or 32 installing a carbon monoxide detector from the next rental 33 payment. In addition, a person is prohibited from making a 34 carbon monoxide detector inoperable. A person who violates a 35 -3- LSB 5550YC (3) 83 md/nh 3/ 4

H.F. _____ provision of the bill concerning carbon monoxide detectors is 1 guilty of a simple misdemeanor. 2 The bill takes effect July 1, 2011. 3 -4- LSB 5550YC (3) 83 md/nh 4/ 4