House Study Bill 539 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON VANDER LINDEN) A BILL FOR An Act requiring carbon monoxide alarms 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 5089YC (1) 86 gh/nh
H.F. _____ Section 1. Section 100.18, subsection 1, Code 2016, is 1 amended by adding the following new paragraphs: 2 NEW PARAGRAPH . 0a. “Carbon monoxide alarm” 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 NEW PARAGRAPH . 0b. “Fuel” means coal, kerosene, oil, fuel 8 gases, or other petroleum products or hydrocarbon products 9 such as wood that emit carbon monoxide as a by-product of 10 combustion. 11 Sec. 2. Section 100.18, Code 2016, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 2A. a. Multiple-unit residential buildings 14 and single-family dwellings, the construction of which is begun 15 on or after July 1, 2017, and that have a fuel-fired heater or 16 appliance, a fireplace, or an attached garage, shall include 17 the installation of carbon monoxide alarms in compliance 18 with the rules established by the state fire marshal under 19 subsection 4. 20 b. The rules shall require the installation of carbon 21 monoxide alarms in existing single-family rental units and 22 multiple-unit residential buildings that have a fuel-fired 23 heater or appliance, a fireplace, or an attached garage. 24 Existing single-family dwellings that have a fuel-fired heater 25 or appliance, a fireplace, or an attached garage shall be 26 equipped with approved carbon monoxide alarms. A person who 27 files for a homestead credit pursuant to chapter 425 shall 28 certify that the single-family dwelling for which the credit 29 is filed and that has a fuel-fired heater or appliance, a 30 fireplace, or an attached garage, has carbon monoxide alarms 31 installed in compliance with this section, or that such alarms 32 will be installed within thirty days of the date the filing 33 for the credit is made. The state fire marshal shall adopt 34 rules and establish appropriate procedures to administer this 35 -1- LSB 5089YC (1) 86 gh/nh 1/ 4
H.F. _____ subsection. 1 c. An owner of a multiple-unit residential building or 2 a single-family rental unit that has a fuel-fired heater or 3 appliance, a fireplace, or an attached garage, or an owner’s 4 agent, shall supply light-emitting carbon monoxide alarms, upon 5 request, for a tenant with a hearing impairment. 6 d. The owner of a building requiring the installation of 7 carbon monoxide alarms under this subsection shall install a 8 carbon monoxide alarm within fifteen feet of the entrance of 9 each room in the building lawfully used for sleeping purposes 10 or in a location as specified by rules established by the state 11 fire marshal under subsection 4. 12 Sec. 3. Section 100.18, subsections 4, 6, and 7, Code 2016, 13 are amended to read as follows: 14 4. The state fire marshal shall enforce the requirements 15 of subsection subsections 2 and 2A and may implement a program 16 of inspections to monitor compliance with the provisions 17 of that subsection those subsections . Upon inspection, 18 the state fire marshal shall issue a written notice to the 19 owner or manager of a multiple-unit residential building or 20 single-family dwelling rental unit informing the owner or 21 manager of compliance or noncompliance with this section . The 22 state fire marshal may contract with any political subdivision 23 without fee assessed to either the state fire marshal or the 24 political subdivision, for the performance of the inspection 25 and notification responsibilities. The inspections authorized 26 under this section are limited to the placement, repair, and 27 operability of smoke detectors and carbon monoxide alarms . Any 28 broader inspection authority is not derived from this section . 29 The state fire marshal shall adopt rules under chapter 17A as 30 necessary to enforce this section including rules concerning 31 the placement of smoke detectors and carbon monoxide alarms 32 and the use of acceptable smoke detectors and carbon monoxide 33 alarms . The smoke detectors and carbon monoxide alarms shall 34 display a label or other identification issued by an approved 35 -2- LSB 5089YC (1) 86 gh/nh 2/ 4
H.F. _____ testing agency or another label specifically approved by the 1 state fire marshal. 2 6. If a smoke detector or carbon monoxide alarm is found 3 to be inoperable , the owner or manager of the multiple-unit 4 residential building or single-family dwelling rental unit 5 shall correct the situation within fourteen days after written 6 notification to the owner or manager by the tenant, guest, 7 roomer, state fire marshal, fire marshal’s subordinates, chiefs 8 of local fire departments, building inspectors, or other fire, 9 building, or safety officials. If the owner or manager of 10 a multiple-unit residential building or single-family rental 11 unit fails to correct the situation within the fourteen days 12 the tenant, guest, or roomer may cause the smoke detector or 13 carbon monoxide alarm to be repaired or purchase and install 14 a smoke detector or carbon monoxide alarm required under this 15 section and may deduct the repair cost or purchase price from 16 the next rental payment or payments made by the tenant, guest, 17 or roomer. However, a lessor or owner may require a lessee, 18 tenant, guest, or roomer who has a residency of longer than 19 thirty days to provide the battery for a battery operated smoke 20 detector or carbon monoxide alarm . 21 7. No person may render inoperable a smoke detector , or 22 carbon monoxide alarm which is required to be installed by this 23 section , by tampering. 24 Sec. 4. EFFECTIVE DATE. This Act takes effect July 1, 2017. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill amends current law that requires smoke detectors 29 in multiple-unit residential buildings and single-family 30 dwellings to also require the installation of carbon monoxide 31 alarms, as defined in the bill, in such buildings. 32 The bill requires the installation of carbon monoxide alarms 33 in multiple-unit residential buildings and single-family 34 dwellings constructed on or after July 1, 2017, and that have 35 -3- LSB 5089YC (1) 86 gh/nh 3/ 4
H.F. _____ a fuel-fired heater or appliance as defined in the bill, a 1 fireplace, or an attached garage. Carbon monoxide alarms 2 shall be installed within 15 feet of the entrance of each 3 room lawfully used for sleeping purposes or in a location as 4 specified by rule. In addition, the state fire marshal shall 5 adopt rules for the installation of carbon monoxide alarms 6 in the same manner in existing multiple-unit residential 7 buildings and single-family rental units that have a fuel-fired 8 appliance, a fireplace, or an attached garage. The owner of 9 a single-family dwelling that has a fuel-fired appliance, a 10 fireplace, or an attached garage is responsible for installing 11 carbon monoxide alarms in the same manner and shall certify 12 such installation upon filing for a homestead credit. Owners 13 of multiple-unit residential buildings and single-family rental 14 units that have a fuel-fired appliance, a fireplace, or an 15 attached garage are also required to supply light-emitting 16 carbon monoxide alarms for hearing-impaired tenants. 17 Current requirements applicable to smoke alarms are also 18 made applicable to carbon monoxide alarms in the bill. The 19 bill provides that the state fire marshal shall enforce the 20 requirements of the bill concerning carbon monoxide alarms 21 and provides that an occupant of a multiple-unit residential 22 building or single-family rental unit in which the owner fails 23 to install or fix a carbon monoxide alarm within 14 days 24 of receiving written notice may deduct the cost of fixing 25 or installing a carbon monoxide alarm from the next rental 26 payment. In addition, a person is prohibited from making 27 a carbon monoxide alarm inoperable. A person who violates 28 a provision of the bill concerning carbon monoxide alarms 29 is guilty of a simple misdemeanor. A simple misdemeanor is 30 punishable by confinement for no more than 30 days or a fine of 31 at least $65 but not more than $625, or by both. 32 The bill takes effect July 1, 2017. 33 -4- LSB 5089YC (1) 86 gh/nh 4/ 4