Senate Bill No. 389
(By Senators Ball, White, Hunter and Love)
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[Introduced February 3, 1998; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section sixteen-a, article three,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
requiring carbon monoxide detectors in certain buildings
with a fuel burning source after the first day of July, one
thousand nine hundred ninety-eight; and penalty.
Be it enacted by the Legislature of West Virginia:
That section sixteen-a, article three, chapter twenty-nine
of the code of West Virginia, one thousand nine hundred thirty- one, 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; penalty.
(a) On or before the first day of July, one thousand nine hundred ninety-one, 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. Such smoke
detector shall be capable of sensing visible or invisible
particles of combustion and shall meet the specifications and be
installed as provided for in the National Fire Protection
Association Standard 74, "Standard for the Installation,
Maintenance and Use of Household Fire Warning Equipment," 1989
edition, 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) which is not occupied
by the owner thereof, the tenant in any such dwelling shall
perform routine maintenance on the smoke detectors within such
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 such
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 National Fire Protection Association Standard
13D, "Standard for the Installation of Sprinkler Systems in
Residential Occupancies," 1989 edition, 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.
(f) After the first day of July, one thousand nine hundred
ninety-eight, an operational carbon monoxide detector with a
suitable alarm shall be installed:
(1) In any newly constructed building which has a fuel
burning source, including, but not limited to, an oil or gas
furnace or stove; or
(2) In any newly constructed building, including, but not
limited to, a garage, storage shed or barn, which is connected
or adjacent to another building which has a fuel burning source;
or
(3) In any existing building in which repair or maintenance
work on the building's fuel burning source or its venting system
is undertaken.
(f) (g) Any person who violates any provision of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than fifty dollars nor more than one
hundred dollars.
(g) (h) A violation of this section shall not be deemed by
virtue of such violation to constitute evidence of negligence or
contributory negligence or comparative negligence in any civil
action or proceeding for damages.
(h) (i) A violation of this section shall not constitute a
defense in any civil action or proceeding involving any insurance
policy.
(i) (j) 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 require carbon
monoxide detectors in certain buildings with a fuel burning source, such as an oil or gas furnace or stove, after July 1,
1998.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.