Bill Text: NC S77 | 2011-2012 | Regular Session | Chaptered
Bill Title: Rental Property/Lithium Battery Smoke Alarms
Spectrum: Slight Partisan Bill (Republican 12-6)
Status: (Passed) 2012-06-28 - Ch. SL 2012-92 [S77 Detail]
Download: North_Carolina-2011-S77-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2012-92
SENATE BILL 77
AN ACT providing that after december 31, 2012, landlords shall, when installing a new smoke alarm or replacing an existing smoke alarm, install a TAMPER‑RESISTANT, ten‑year lithium battery smoke alarm except in certain cases, and providing that landlords may deduct from the tenant security deposit damage to a smoke alarm or carbon monoxide alarm, as recommended by the north carolina child fatality task force.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 42‑42 reads as rewritten:
"§ 42‑42. Landlord to provide fit premises.
(a) The landlord shall:
…
(5) Provide operable smoke detectors,alarms,
either battery‑operated or electrical, having an Underwriters'
Laboratories, Inc., listing or other equivalent national testing laboratory
approval, and install the smoke detectors alarms in accordance
with either the standards of the National Fire Protection Association or the
minimum protection designated in the manufacturer's instructions, which the
landlord shall retain or provide as proof of compliance. The landlord shall
replace or repair the smoke detectors alarms within 15 days of
receipt of notification if the landlord is notified of needed replacement or
repairs in writing by the tenant. The landlord shall ensure that a smoke detector
alarm is operable and in good repair at the beginning of each
tenancy. Unless the landlord and the tenant have a written agreement to the
contrary, the landlord shall place new batteries in a battery‑operated
smoke detector alarm at the beginning of a tenancy and the tenant
shall replace the batteries as needed during the tenancy.tenancy,
except where the smoke alarm is a tamper‑resistant, 10‑year lithium
battery smoke alarm as required by subdivision (5a) of this subsection. Failure
of the tenant to replace the batteries as needed shall not be considered as
negligence on the part of the tenant or the landlord.
(5a) After December 31, 2012, when installing a new smoke alarm or replacing an existing smoke alarm, install a tamper‑resistant, 10‑year lithium battery smoke alarm. However, the landlord shall not be required to install a tamper‑resistant, 10‑year lithium battery smoke alarm as required by this subdivision in either of the following circumstances:
a. The dwelling unit is equipped with a hardwired smoke alarm with a battery backup.
b. The dwelling unit is equipped with a smoke alarm combined with a carbon monoxide alarm that meets the requirements provided in subdivision (7) of this section.
…
(7) Provide a minimum of one
operable carbon monoxide detector alarm per rental unit per
level, either battery‑operated or electrical, that is listed by a
nationally recognized testing laboratory that is OSHA‑approved to test
and certify to American National Standards Institute/Underwriters Laboratories
Standards ANSI/UL2034 or ANSI/UL2075, and install the carbon monoxide detectors
alarms in accordance with either the standards of the National Fire
Protection Association or the minimum protection designated in the manufacturer's
instructions, which the landlord shall retain or provide as proof of
compliance. A landlord that installs one carbon monoxide detector alarm
per rental unit per level shall be deemed to be in compliance with
standards under this subdivision covering the location and number of detectors.alarms.
The landlord shall replace or repair the carbon monoxide detectors alarms
within 15 days of receipt of notification if the landlord is notified of
needed replacement or repairs in writing by the tenant. The landlord shall
ensure that a carbon monoxide detector alarm is operable and in
good repair at the beginning of each tenancy. Unless the landlord and the
tenant have a written agreement to the contrary, the landlord shall place new
batteries in a battery‑operated carbon monoxide detector alarm at
the beginning of a tenancy, and the tenant shall replace the batteries as
needed during the tenancy. Failure of the tenant to replace the batteries as
needed shall not be considered as negligence on the part of the tenant or the
landlord. A carbon monoxide detector alarm may be combined with
smoke detectors alarms if the combined detector alarm does
both of the following: (i) complies with ANSI/UL2034 or ANSI/UL2075 for carbon
monoxide alarms and ANSI/UL217 for smoke detectors;alarms; and
(ii) emits an alarm in a manner that clearly differentiates between detecting
the presence of carbon monoxide and the presence of smoke. This subdivision
applies only to dwelling units having a fossil‑fuel burning heater,
appliance, or fireplace, and in any dwelling unit having an attached garage.
Any operable carbon monoxide detector installed before January 1, 2010, shall
be deemed to be in compliance with this subdivision.
…."
SECTION 2. G.S. 42‑43 reads as rewritten:
"§ 42‑43. Tenant to maintain dwelling unit.
(a) The tenant shall:
…
(4) Not deliberately or
negligently destroy, deface, damage, or remove any part of the premises, nor
render inoperable the smoke detector alarm or carbon monoxide detector
alarm provided by the landlord, or knowingly permit any person to do
so.
…
(7) Notify the landlord, in
writing, of the need for replacement of or repairs to a smoke detector alarm
or carbon monoxide detector.alarm. The landlord shall ensure
that a smoke detector alarm and carbon monoxide detector alarm
are operable and in good repair at the beginning of each tenancy. Unless
the landlord and the tenant have a written agreement to the contrary, the
landlord shall place new batteries in a battery‑operated smoke detectoralarm
and battery‑operated carbon monoxide detector alarm at the
beginning of a tenancy and the tenant shall replace the batteries as needed
during the tenancy.tenancy, except where the smoke alarm is a tamper‑resistant,
10‑year lithium battery smoke alarm as required by G.S. 42‑42(a)(5a).
Failure of the tenant to replace the batteries as needed shall not be
considered as negligence on the part of the tenant or the landlord.
…."
SECTION 3. G.S. 42‑44 reads as rewritten:
"§ 42‑44. General remedies, penalties, and limitations.
…
(a1) If a landlord fails to
provide, install, replace, or repair a smoke detector alarm under
the provisions of G.S. 42‑42(a)(5) or a carbon monoxide detector alarm
under the provisions of G.S. 42‑42(a)(7) within 30 days of
having received written notice from the tenant or any agent of State or local
government of the landlord's failure to do so, the landlord shall be
responsible for an infraction and shall be subject to a fine of not more than
two hundred fifty dollars ($250.00) for each violation. After December 31,
2012, if the landlord installs a new smoke alarm or replaces an existing smoke
alarm, the smoke alarm shall be a tamper‑resistant, 10‑year lithium
battery smoke alarm, except as provided in G.S. 42‑42(a)(5a). The
landlord may temporarily disconnect a smoke detector alarm or
carbon monoxide detector alarm in a dwelling unit or common area
for construction or rehabilitation activities when such activities are likely
to activate the smoke detector alarm or carbon monoxide detector
alarm or make it inactive.
(a2) If a smoke detector alarm
or carbon monoxide detector alarm is disabled or damaged,
other than through actions of the landlord, the landlord's agents, or acts of
God, the tenant shall reimburse the landlord the reasonable and actual cost for
repairing or replacing the smoke detector alarm or carbon
monoxide detector alarm within 30 days of having received written
notice from the landlord or any agent of State or local government of the need
for the tenant to make such reimbursement. If the tenant fails to make
reimbursement within 30 days, the tenant shall be responsible for an infraction
and subject to a fine of not more than one hundred dollars ($100.00) for each
violation. The tenant may temporarily disconnect a smoke detector alarm
or carbon monoxide detector alarm in a dwelling unit to
replace the batteries or when it has been inadvertently activated.
…."
SECTION 4. Sections 1 through 3 of this act become effective December 31, 2012. The remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 21st day of June, 2012.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 1:37 p.m. this 28th day of June, 2012
