HSB 577 (LSB 5550YC (3) 83)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON LYKAM)

A BILL FOR

An Act requiring carbon monoxide detectors in certain dwellings and multiple-unit residential buildings, making penalties applicable, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 100.18, subsection 1, Code 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  Oa.  “Carbon monoxide detector” means a device which detects carbon monoxide and which incorporates control equipment and an alarm-sounding unit operated from a power supply either in the unit or obtained at the point of installation.
    Sec. 2.  Section 100.18, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  a.  Multiple-unit residential buildings and single-family dwellings, the construction of which is begun on or after July 1, 2011, shall include the installation of carbon monoxide detectors in compliance with the rules established by the state fire marshal under subsection 4.
   b.  The rules shall require the installation of carbon monoxide detectors in existing single-family rental units and multiple-unit residential buildings. Existing single-family dwellings shall be equipped with approved carbon monoxide detectors. A person who files for a homestead credit pursuant to chapter 425 shall certify that the single-family dwelling for which the credit is filed has a carbon monoxide detector installed in compliance with this section, or that one will be installed within thirty days of the date the filing for the credit is made. The state fire marshal shall adopt rules and establish appropriate procedures to administer this subsection.
   c.  An owner or an owner’s agent of a multiple-unit residential building or a single-family rental unit shall supply light-emitting carbon monoxide detectors, upon request, for a tenant with a hearing impairment.
    Sec. 3.  Section 100.18, subsections 4, 6, and 7, Code 2009, are amended to read as follows:
   4.  The state fire marshal shall enforce the requirements of subsection subsections 2 and 2A and may implement a program of inspections to monitor compliance with the provisions of that subsection those subsections. Upon inspection, the state fire marshal shall issue a written notice to the owner or manager of a multiple-unit residential building or single-family dwelling rental unit informing the owner or manager of compliance or noncompliance with this section. The state fire marshal may contract with any political subdivision without fee assessed to either the state fire marshal or the political subdivision, for the performance of the inspection and notification responsibilities. The inspections authorized under this section are limited to the placement, repair, and operability of smoke detectors and carbon monoxide detectors. Any broader inspection authority is not derived from this section. The state fire marshal shall adopt rules under chapter 17A as necessary to enforce this section including rules concerning the placement of smoke detectors and carbon monoxide detectors and the use of acceptable smoke detectors and carbon monoxide detectors. The smoke detectors and carbon monoxide detectors shall display a label or other identification issued by an approved testing agency or another label specifically approved by the state fire marshal.
   6.  If a smoke detector or carbon monoxide detector is found to be inoperable, the owner or manager of the multiple-unit residential building or single-family dwelling rental unit shall correct the situation within fourteen days after written notification to the owner or manager by the tenant, guest, roomer, state fire marshal, fire marshal’s subordinates, chiefs of local fire departments, building inspectors, or other fire, building, or safety officials. If the owner or manager of a multiple-unit residential building or single-family rental unit fails to correct the situation within the fourteen days the tenant, guest, or roomer may cause the smoke detector or carbon monoxide detector to be repaired or purchase and install a smoke detector or carbon monoxide detector required under this section and may deduct the repair cost or purchase price from the next rental payment or payments made by the tenant, guest, or roomer. However, a lessor or owner may require a lessee, tenant, guest, or roomer who has a residency of longer than thirty days to provide the battery for a battery operated smoke detector or carbon monoxide detector.
   7.  No person may render inoperable a smoke detector, or carbon monoxide detector which is required to be installed by this section, by tampering.
    Sec. 4.  EFFECTIVE DATE.  This Act takes effect July 1, 2011.
EXPLANATION
   This bill amends current law that requires smoke detectors in multiple-unit residential buildings and single-family dwellings to also require the installation of carbon monoxide detectors, as defined in the bill, in such buildings.
   The bill requires the installation of carbon monoxide detectors in multiple-unit residential buildings and single-family dwellings constructed on or after July 1, 2011. In addition, the state fire marshal shall adopt rules for the installation of carbon monoxide detectors in existing multiple-unit residential buildings and single-family rental units. The owner of a single-family dwelling is responsible for installing a carbon monoxide detector and shall certify such installation upon filing for a homestead credit. Owners of multiple-unit residential buildings and single-family rental units are also required to supply light-emitting carbon monoxide detectors for hearing-impaired tenants.
   Current requirements applicable to smoke detectors are also made applicable to carbon monoxide detectors in the bill. The bill provides that the state fire marshal shall enforce the requirements of the bill concerning carbon monoxide detectors and provides that an occupant of a multiple-unit residential building or single-family rental unit in which the owner fails to install or fix a carbon monoxide detector within 14 days of receiving written notice may deduct the cost of fixing or installing a carbon monoxide detector from the next rental payment. In addition, a person is prohibited from making a carbon monoxide detector inoperable. A person who violates a provision of the bill concerning carbon monoxide detectors is guilty of a simple misdemeanor.
   The bill takes effect July 1, 2011.