Introduced Version
House Bill 2996 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2996
(By Delegate Lawrence)
[Introduced March 20, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §29-3-16a of the Code of West Virginia,
1931, as amended, relating to smoke detectors in one-and
two-family dwellings; carbon monoxide detectors in residential
units; making it a misdemeanor offense when an investigation,
after a fire, reveals no working smoke detector or carbon
monoxide detector; and misdemeanor penalties.
Be it enacted by the Legislature of West Virginia:
That §29-3-16a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-16a. Smoke detectors in one- and two-family dwellings;
carbon monoxide detectors in residential units;
penalty.
(a) An operational smoke detector shall be installed in the immediate vicinity of each sleeping area within all one and two
family dwellings, including any "manufactured home" as that term is
defined in subsection (j), section two, article nine, chapter
twenty-one of this code. The smoke detector shall be capable of
sensing visible or invisible particles of combustion and shall meet
the specifications and be installed as provided in the current
edition of the National Fire Protection Association Standard 72,
"Standard for the Installation, Maintenance and Use of Household
Fire Warning Equipment" and in the manufacturer's specifications.
When activated, the smoke detector shall provide an alarm suitable
to warn the occupants of the danger of fire.
(b) The owner of each dwelling described in subsection (a) of
this section shall provide, install and replace the operational
smoke detectors required by this section. So as to assure that the
smoke detector continues to be operational, in each dwelling
described in subsection (a) of this section which is not occupied
by the owner thereof, the tenant in any dwelling shall perform
routine maintenance on the smoke detectors within the dwelling.
(c) Where a dwelling is not occupied by the owner and is
occupied by an individual who is deaf or hearing impaired, the
owner shall, upon written request by or on behalf of the
individual, provide and install a smoke detector with a light
signal sufficient to warn the deaf or hearing-impaired individual
of the danger of fire.
(d) An automatic fire sprinkler system installed in accordance
with the current edition of the National Fire Protection
Association Standard 13D, "Standard for the Installation of
Sprinkler Systems in Residential Occupancies" may be provided in
lieu of smoke detectors.
(e) After investigating a fire in any dwelling, described in
subsection (a) of this section, the local investigating authority
shall issue to the owner a smoke detector installation order in the
absence of the required smoke detectors in which no working smoke
detector or carbon monoxide detector is found, the West Virginia
Fire Marshall, West Virginia State Police, County Sheriff, or the
Municipal Police, shall issue a citation as listed in Section (k)
of this section.
(f) An operational single station carbon monoxide detector
with a suitable alarm or a combination smoke detector and carbon
monoxide detector, which shall be alternating current (AC) powered,
either plugged directly in to an electrical outlet that is not
controlled by a switch or hardwired into an alternating current
(AC) electrical source, with battery back up, and be installed,
maintained, tested, repaired or replaced, if necessary, in
accordance with the manufacturer's direction:
(1) In any newly constructed residential unit which has a
fuel-burning heating or cooking source including, but not limited
to, an oil or gas furnace or stove;
(2) In any residential unit which is connected to a newly
constructed building, including, but not limited to, a garage,
storage shed or barn, which has a fuel-burning heating or cooking
source, including, but not limited to, an oil or gas furnace or
stove;
(3) Effective September 1, 2012, in either a common area where
the general public has access or all rooms in which a person will
be sleeping that are adjoining to and being directly below and
above all areas or rooms that contain permanently installed
fuel-burning appliances and equipment that emit carbon monoxide as
a byproduct of combustion located within all apartment buildings,
boarding houses, dormitories, long-term care facilities, adult or
child care facilities, assisted living facilities, one- and two-
family dwellings intended to be rented or leased, hotels and
motels.
(g) Effective January 1, 2013, all single station carbon
monoxide detectors with a suitable alarm or a combination smoke
detector and carbon monoxide detectors shall be hardwired into an
alternating current (AC) electrical source, with battery backup,
when installed in all newly constructed apartment buildings,
boarding houses, dormitories, hospitals, long-term care facilities,
adult or child care facilities, assisted living facilities, one-
and two-family dwellings intended to be rented or leased, hotels
and motels.
(h) In any long-term care facility that is staffed on a
twenty-four hour, seven day a week basis, the single station carbon
monoxide detector with a suitable alarm or a combination smoke
detector and carbon monoxide detector shall only be required to be
installed in an area of the facility that permits the detector to
be audible to the staff on duty.
(i) Any person installing a carbon monoxide detector in a
residential unit shall inform the owner, lessor or the occupant or
occupants of the residential unit of the dangers of carbon monoxide
poisoning and instructions on the operation of the carbon monoxide
detector installed.
(j) When repair or maintenance work is undertaken on a
fuel-burning heating or cooking source or a venting system in an
existing residential unit, the person making the repair or
performing the maintenance shall inform the owner, lessor or the
occupant or occupants of the unit being served by the fuel-burning
heating or cooking source or venting system of the dangers of
carbon monoxide poisoning and recommend the installation of a
carbon monoxide detector.
(k) Any person who violates any provision of this section is
guilty of a misdemeanor and, upon conviction thereof, for a first
offense, shall be fined $250. For a second offense, the person is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined $750. For a third and subsequent offenses, the person is guilty of a misdemeanor and, upon conviction thereof, shall be
fined $2,000.
(l) A violation of this section may not be considered by
virtue of the violation to constitute evidence of negligence or
contributory negligence or comparative negligence in any civil
action or proceeding for damages.
(m) A violation of this section may not constitute a defense
in any civil action or proceeding involving any insurance policy.
(n) Nothing in this section shall be construed to limit the
rights of any political subdivision in this state to enact laws
imposing upon owners of any dwelling or other building described in
subsection (a) or (f) of this section a greater duty with regard to
the installation, repair and replacement of the smoke detectors or
carbon monoxide detectors than is required by this section.
NOTE: The purpose of this bill is to make it a misdemeanor
offense when an investigation, after a fire, reveals no working
smoke detector or carbon monoxide detector in one- and two-family
dwellings or in residential units.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.