Bill Text: MO HB2429 | 2010 | Regular Session | Introduced
Bill Title: Requires an approved and operational carbon monoxide detector and smoke alarm to be installed in certain residential and rental property
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-14 - Referred: Small Business (H) [HB2429 Detail]
Download: Missouri-2010-HB2429-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE McCLANAHAN.
5492L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 320, RSMo, by adding thereto one new section relating to detection devices, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 320, RSMo, is amended by adding thereto one new section, to be known as section 320.066, to read as follows:
320.066. 1. The following terms shall mean:
(1) "Approved carbon monoxide alarm", a device meant for the purpose of detecting carbon monoxide that is certified by a nationally recognized testing laboratory to conform to the latest Underwriters Laboratories Standards;
(2) "Approved smoke alarm", a device meant for the purpose of detecting smoke and products of combustion that is certified by a nationally recognized testing laboratory to conform to the latest Underwriters Laboratories Standards;
(3) "Backup battery", a secondary internal power source of different current voltage that is certified by a nationally recognized testing laboratory to conform to the latest Underwriters Laboratories Standards;
(4) "Dwelling unit", a single unit providing complete, independent living facilities for one or more persons, whether occupied or vacant;
(5) "Interconnected", electrically wired in such a manner that the activation of one smoke alarm will activate all of the smoke alarms in the dwelling unit;
(6) "Operational", working and in service.
2. (1) Every newly constructed residential property or rental property that is a dwelling unit where a carbon monoxide hazard may exist shall be equipped with an approved and operational carbon monoxide alarm installed within ten feet of each room used for sleeping purposes. Such alarm shall be hard-wired, powered by the building's wiring and shall be equipped with a battery backup and installed in accordance with the National Fire Protection Association's Standard for the Installation of Carbon Monoxide Warning Equipment in Dwelling Units (NFPA 720), current edition, and the manufacturer's recommendation. Wiring shall be permanent and without a disconnecting switch except as required for over-current protection.
(2) Upon the sale of an existing residential leased or rental property or upon any change or renewal of a lease or rental agreement of a rental property that is a dwelling unit where a carbon monoxide hazard may exist, such carbon monoxide alarm shall be installed within ten feet of each room used for sleeping. Such alarm shall be powered by the building's wiring, directly or indirectly, and shall be equipped with a battery backup. Wiring shall be permanent and without a disconnecting switch except as required for over-current protection.
(3) For purposes of subdivisions (1) and (2) of this subsection, a carbon monoxide hazard shall be defined as:
(a) Any dwelling with an attached garage; or
(b) Any dwelling serviced by fossil or wood or solid fuel fired appliances.
3. (1) The owner of each existing residential leased or rental dwelling unit shall install at least one approved battery-operated smoke alarm prior to new occupancy of such dwelling unit at the following locations and per manufacturer's recommendations:
(a) On the ceiling or wall within ten feet of each room used for sleeping purposes; and
(b) Inside each room used for sleeping purposes; and
(c) On each level within the dwelling unit including the basement but not to include crawl spaces or uninhabited spaces.
(2) The smoke alarm shall be capable of sensing visible or invisible particles of combustion and emitting an audible signal and shall comply with all the specifications of the Underwriters Laboratories Standards. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. The smoke alarm shall emit a signal when the batteries are low.
(3) In all newly constructed residential or rental property that is a dwelling unit, smoke alarms shall be installed per current edition of the National Fire Protection Association National Fire Alarm Code (NFPA 72) and shall receive primary power from the building's wiring and shall be equipped with a battery backup. Wiring shall be permanent and without a disconnecting switch except as required for over-current protection. The smoke alarm shall be interconnected so that alarm activation of one alarm will activate all the smoke alarms in the dwelling unit.
4. The owner of a rental or leased property that is a dwelling unit required to be equipped with one or more approved carbon monoxide or smoke alarms shall:
(1) Provide and install one approved and operational carbon monoxide or smoke alarm within ten feet of each room used for sleeping;
(2) Upon discovery, replace any required carbon monoxide or smoke alarm that has been stolen, removed, found missing, or rendered inoperable within the dwelling unit;
(3) Keep and maintain the device in good repair.
5. The tenant of any rental or leased dwelling unit shall immediately report any malfunction of or damage to a required carbon monoxide alarm or smoke alarm to the owner of the property or the owner's assigned agent.
6. This section shall not apply to any political subdivision adopting or having adopted a code, ordinance, order, or regulation equal to or more stringent than the requirements of this section.
7. (1) Willful failure to install or maintain in operating condition any carbon monoxide alarm or smoke alarm required by this section is a class B misdemeanor.
(2) Tampering with, removing, destroying, disconnecting, or removing the batteries from any installed carbon monoxide alarm or smoke alarm, except in the course of inspection, maintenance, or replacement of the alarm, is a class A misdemeanor in the case of a first conviction and a class D felony in the case of a second or subsequent conviction.
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