GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 1
SENATE BILL 354
Short Title: Rental Property/Lithium Battery Smoke Alarms. |
(Public) |
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Sponsors: |
Senators Bingham; Forrester, Hartsell, Rabon, and Stevens. |
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Referred to: |
Rules and Operations of the Senate. |
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March 17, 2011
A BILL TO BE ENTITLED
AN ACT providing that after december 31, 2011, landlords shall, when installing a new smoke alarm or replacing an existing smoke alarm, install a 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 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, 2011, when installing a new smoke alarm or replacing an existing smoke alarm, install a 10-year lithium battery smoke alarm. However, the landlord shall not be required to install a 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 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,
2011, if the landlord installs a new smoke alarm or replaces an existing smoke
alarm, the smoke alarm shall be a 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. G.S. 42-51 reads as rewritten:
"§ 42-51. Permitted uses of the deposit.
Security deposits for residential dwelling units shall be permitted only for the tenant's possible nonpayment of rent and costs for water or sewer services provided pursuant to G.S. 62-110(g), damage to the premises, including the damage or destruction of a smoke or carbon monoxide alarm, nonfulfillment of rental period, any unpaid bills that become a lien against the demised property due to the tenant's occupancy, costs of re-renting the premises after breach by the tenant, costs of removal and storage of tenant's property after a summary ejectment proceeding or court costs in connection with terminating a tenancy. The security deposit shall not exceed an amount equal to two weeks' rent if a tenancy is week to week, one and one-half months' rent if a tenancy is month to month, and two months' rent for terms greater than month to month. These deposits must be fully accounted for by the landlord as set forth in G.S. 42-52."
SECTION 5. Sections 1 through 4 of this act become effective December 31, 2011. The remainder of this act is effective when it becomes law.