COMMITTEE SUBSTITUTE

FOR

H. B. 2678
(By Delegates Love, Warner, Nesbitt, Ashcraft,

Doyle, Mezzatesta and Tribett)

(Originating in the House Committee on the Judiciary)


[March 31, 1993]


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 the installation of smoke detectors in all one and two-family dwellings; and allowing local fire authorities to inspect for smoke detectors.

 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.

ยง29-3-16a. 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 The 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 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 such 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 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) The local fire prevention authority may inspect any dwelling, not owner occupied, as provided for under the provisions of this section, for verification of smoke detector installation: Provided, That before such inspection, the authority shall give at least forty-eight hours notice to the property owner or the tenant. Inspections shall only occur at reasonable times and with permission of the tenant.
(e) (f) After investigating a fire in any dwelling described in subsection (a) of this section, the local investigating fire prevention authority shall issue to the owner a smoke detector installation order in the absence of the required smoke detectors.
(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 described in subsection (a) of this section a greater duty with regard to the installation, repair and replacement of the smoke detectors thanis required by this section.