H. B. 4069


(By Delegate Mezzatesta)

[Introduced January 17, 2002 ; referred to the

Committee on Roads and Transportation then Finance.]





A BILL to amend and reenact section twenty-three, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections nine, twelve, twelve-b and sixteen-a, article three, chapter twenty-nine of said code, all relating to the office of the state fire marshal; providing for state license plates for vehicles operated by the state fire marshal; providing for an unlimited number of Class A license plates for the state fire marshal and the division of protective services; clarifying the powers, duties and authority of the state fire commission and the state fire marshal; creating a special account in the state treasury for gifts, grants and donations to the state fire marshal; providing for legislative appropriation of the account; providing that the state fire marshal with the authority to own, lease or buy personal property; providing authority for the state fire marshal to fingerprint and perform background checks in conjunction with licensing or permitting of explosives and in conjunction with the duties of the state fire marshal; clarifying the powers and duties of the state fire marshal; providing for confiscation of contraband by the state fire marshal; providing that the state fire marshal may assist other law-enforcement agencies when so requested; clarifying the inspection powers of the state fire marshal; providing for entry upon property or into structures; increasing criminal penalties for violations of the fire and life safety code; deleting the requirement that ten percent of all fees collected by the state fire marshal be transferred from special revenue; providing that the fire marshal may set fees by legislative rule; setting forth effective date; correcting and updating reference to the National Fire Protection Standards.

Be it enacted by the Legislature of West Virginia:
That section twenty-three, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that sections nine, twelve, twelve-b and sixteen-a, article three, chapter twenty-nine of said code be amended and reenacted, all to read as follows:

CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,

CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.

ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.

§17A-3-23. Registration plates to state, county, municipal and other governmental vehicles; use for undercover activities.

Any motor vehicle designed to carry passengers, owned or leased by the state of West Virginia, or any of its departments, bureaus, commissions or institutions, except vehicles used by the governor, treasurer, three plates per elected office of the board of public works, vehicles operated by the state police, vehicles operated by conservation officers of the division of natural resources, not to exceed ten vehicles operated by the arson investigators of vehicles operated by the office of state fire marshal and not to exceed sixteen vehicles operated by inspectors of the office of the alcohol beverage control commissioner, may not be operated or driven by any person unless it has displayed and attached to the front thereof, in the same manner as regular motor vehicle registration plates are attached, a plate of the same size as the regular registration plate, with white lettering on a green background bearing the words "West Virginia" in one line and the words "State Car" in another line, and the lettering for the words "State Car" shall be of sufficient size to be plainly readable from a distance of one hundred feet during daylight.
The vehicle shall also have attached to the rear a plate bearing a number and any other words and figures as the commissioner of motor vehicles shall prescribe. The rear plate shall also be green with the number in white.
On registration plates issued to vehicles owned by counties, the color shall be white on red with the word "County" on top of the plate and the words "West Virginia" on the bottom. On any registration plates issued to a city or municipality, the color shall be white on blue with the word "City" on top, and the words "West Virginia" on the bottom. The colors may not be reversed and shall be of reflectorized material. The registration plates issued to counties, municipalities and other governmental agencies authorized to receive colored plates hereunder shall be affixed to both the front and rear of the vehicles.
The commissioner is authorized to designate the colors and design of any other registration plates that are issued without charge to any other agency in accordance with the motor vehicle laws.
Upon application and payment of fees, the commissioner is authorized to issue a maximum of five Class A license plates per applicant to be used by county sheriffs and municipalities on law-enforcement vehicles while engaged in undercover investigations.
The commissioner is authorized to issue an unlimited number of license plates per applicant to authorized drug and violent crime task forces in the state of West Virginia when the chairperson of the control group of a drug and violent crime task force signs a written affidavit stating that the vehicle or vehicles for which the plates are being requested will be used only for official undercover work conducted by a drug and violent crime task force.
The commissioner is authorized to issue twenty Class A license plates to the criminal investigation division of the department of tax and revenue for use by its investigators.
The commissioner may issue a maximum of ten fifteen Class A license plates to the division of natural resources for use by conservation officers. The commissioner may issue an unlimited number of Class A license plates to the office of the state fire marshal. The commissioner may issue an unlimited number of Class A plates to the division of protective services for its use. The commissioner shall designate the color and design of the registration plates to be displayed on the front and the rear of all other state-owned vehicles owned by the division of natural resources and operated by conservation officers.
The commissioner is authorized to issue an unlimited number of Class A license plates to the commission on special investigations for state-owned vehicles used for official undercover work conducted by the commission on special investigations.
No other registration plate may be issued for, or attached to, any state-owned vehicle.
The commissioner of motor vehicles shall have a sufficient number of both front and rear plates produced to attach to all state-owned cars. The numbered registration plates for the vehicles shall start with the number "five hundred" and the commissioner shall issue consecutive numbers for all state-owned cars.
It is the duty of each office, department, bureau, commission or institution furnished any vehicle to have plates as described herein affixed thereto prior to the operation of the vehicle by any official or employee.
Any person who violates the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars nor more than one hundred dollars.
Magistrates shall have concurrent jurisdiction with circuit and criminal courts for the enforcement of this section.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.

§29-3-9. Powers, duties and authority of state fire commission and state fire marshal.

(a) The state fire commission may employ personnel, fix their compensation and, within funds available to do so, incur expenses as necessary in the performance of the duties of its office.
(b) The state fire commission is responsible for fire programs within this state, including the state fire marshal's office, training, uniform standards and certification, finance and planning and fire prevention.
(c) All state and area training and education in fire service shall be coordinated by the state fire commission. The state fire marshal shall ensure that these programs are operated throughout the state at a level consistent with needs identified by the commissioner.
(d) The state fire commission shall develop minimum training levels for firefighters, minimum levels of equipment needed to protect life and property within fire service areas, minimum performance standards the departments must meet in response times, communications, minimum levels of water flow and pressure and other performance measures as considered necessary to meet the overall goals of improved fire prevention and control. The state fire commission may make recommendations to the state insurance commissioner regarding town classifications for fire insurance rates.
(e) The formation of any new fire department, including volunteer fire departments, requires the concurrence of the state fire commission. The state fire commission shall develop a method of certification which can be applied to all fire departments and volunteer fire departments.
(f) The state fire commission shall develop a plan for fire prevention and control which shall include, but not be limited to, the following areas: Manpower needs; location of training centers; location of fire prevention and control units; communications; fire-fighting facilities; water sources; vehicular needs; public education and information; public participation; standardization in record keeping; evaluation of personnel; reporting of fire hazards; programs on mutual aid; location of public safety agencies; outline of fire prevention programs; and accessibility of fire prevention information.
(g) The state fire commission shall establish fire protection areas and at such times as funds are available shall establish field offices for inspection, planning and certification.
(h) The state fire marshal may accept, on behalf of the state fire commission, gifts, grants, court ordered civil forfeiture proceedings and bequests of funds or property from individuals, foundations, corporations, the federal government, governmental agencies and other organizations or institutions. The state fire marshal, acting on behalf of the state fire commission, may enter into, sign and execute any agreements and do and perform any acts that may be necessary, useful, desirable or convenient to effectuate the purposes of this article. Moneys from gifts, grants, civil forfeiture proceedings and bequests received by the state fire marshal shall be deposited into the a special account set forth in subsection (c), section twelve-b of this article, hereby created in the state treasury. Expenditures from this account may only be made upon appropriation by the Legislature: Provided, That any unexpended moneys remaining in this account at the end of a fiscal year remains in this fund to be appropriated in the next fiscal year. and The state fire marshal with the approval of the state fire commission, has the authority, upon appropriation by the Legislature, to make expenditures of, or use of any tangible property, in order to effectuate the purposes of this article.
(i) The state fire marshal may own, buy or lease any real or personal property necessary to effectuate the provisions of this article.
(j) The state fire marshal may require a blaster applying for an individual permit to use explosives to be fingerprinted for the purpose of performing a criminal background check. The fingerprints may be submitted to the state identification bureau for submission to the federal bureau of investigation for a national check. The state fire marshal shall be the recipient of the criminal history record information received from the federal bureau of investigation.
§29-3-12. Powers and duties of state fire marshal.
(a) Enforcement of laws. -- The state fire marshal and all other persons authorized to enforce the provisions of this chapter shall be under the supervision and direction of the state fire marshal in the performance of their duties as herein provided. The authority, powers and duties of the state fire marshal, his or her assistants and his or her deputies and deputized fire marshals with approval of the state fire marshal shall be statewide and they have authority to shall enforce all laws of the state having to do with:
(1) Prevention of fire;
(2) The storage, sale and use of any explosive, combustible or other dangerous article or articles in solid, flammable liquid or gas form;
(3) The installation and maintenance of equipment of all sorts intended to extinguish, detect and control fires;
(4) The means and adequacy of exit, in case of fire, from buildings and all other places in which persons work, live or congregate from time to time for any purpose, except buildings used wholly as dwelling houses for no more than two families;
(5) The suppression of arson; and
(6) Do all things necessary to carry into effect the provisions of this article, including, but not limited to, confiscating any materials, chemicals, item, personal property or anything which is in direct violation of the state fire code.
(b) Assistance upon request. -- Upon request, the state fire marshal shall immediately assist any chief of any recognized fire company or department. Upon request, the state fire marshal, his or her assistants, deputies and deputized fire marshals approved by the state fire marshal and any full-time fire marshals may assist any federal law-enforcement officer, state police officer, conservation officer or any county or municipal law-enforcement officer in the lawful execution of the law-enforcement duties of the requesting officer: Provided, That the state fire marshal or any full-time fire marshal assistant, deputy or deputized fire marshal approved by the state fire marshal assisting the law- enforcement officer is at all times working under the direct supervision of the federal law-enforcement officer, state police officer, conservation officer or county or municipal law-enforcement officer.
(c) Enforcement of regulations. -- The state fire marshal shall enforce the regulations promulgated by the state fire commission as authorized by section three of this article.
(d) Inspections generally. -- The state fire marshal shall inspect all structures and facilities subject to the provisions of the state fire code and this article, including, but not limited to, state, county and municipally owned institutions, all public and private schools, health care facilities, theaters, churches and other places of public assembly as to fire exits and reasonable safety standards and report his findings for compliance with the state fire code.
(e) Right of entry. -- The state fire marshal may at all reasonable hours enter any building or premises, other than dwelling houses, for the purpose of making an inspection, which he or she may deem consider necessary to be made under the provisions of this article. The state fire marshal or any deputy or assistant state fire marshal or deputized fire marshal approved by the state fire marshal may enter upon any property, or enter any conveyance, building, structure or premises, excluding dwelling houses, for the purpose of ascertaining compliance with the conditions set forth in any permit or license issued by the office of the state fire marshal.
(f) Investigations. -- The state fire marshal may at any time investigate as to the origin or circumstances of any fire or explosion or attempt to cause fire or explosion occurring in the state. The state fire marshal shall have has the authority at all times of the day or night, in performance of the duties imposed by the provisions of this article, to investigate where any fires or explosions or attempt to cause fires or explosions shall have occurred, or which at the time may be burning. Notwithstanding the above provisions of this subsection, prior to entering any building or premises for the purposes of such investigation, the state fire marshal shall obtain a proper search warrant: Provided, That the same shall not be necessary where there is permissive waiver or the state fire marshal is an invitee of the individual having legal custody and control of the property, building or premises to be searched.
(g) Testimony. -- The state fire marshal, in making an inspection or investigation, when in his or her judgment such proceedings are necessary, may take the statements or testimony under oath of all persons who may be cognizant of any facts or have any knowledge about the matter to be examined and inquired into, and may have the statements or testimony reduced to writing; and shall transmit a copy of such statements or testimony so taken to the prosecuting attorney for the county wherein the fire or explosion or attempt to cause a fire or explosion occurred. Notwithstanding the above, no person shall be compelled to testify or give any such statement under this subsection.
(h) Arrests; warrants. -- The state fire marshal, any full-time deputy fire marshal or any full-time assistant fire marshal employed by the state fire marshal pursuant to section eleven of this article and any deputized fire marshal approved by the state fire marshal is hereby authorized and empowered:
(1) To arrest any person anywhere within the confines of the state of West Virginia, or have him or her arrested, for any violation of the arson-related offenses of article three, chapter sixty-one of this code or of the explosives-related offenses of article three-e of chapter sixty-one of this code: Provided, That any and all persons so arrested shall be forthwith brought before the magistrate or circuit court;
(2) To make complaint in writing before any court or officer having jurisdiction and obtain, serve and execute an arrest warrant when knowing or having reason to believe that anyone has committed an offense under any provision of this article, of the arson-related offenses of article three, chapter sixty-one of this code, or of the explosives-related offenses of article three-e of chapter sixty-one of this code. Proper return shall be made on all arrest warrants before the tribunal having jurisdiction over such violation;
(3) To make complaint in writing before any court or officer having jurisdiction and obtain, serve and execute a warrant for the search of any premises that may possess evidence or unlawful contraband relating to violations of this article, of the arson-related offenses of article three, chapter sixty-one of this code, or of the explosives-related offenses of article three-e of chapter sixty-one of this code. Proper return shall be made on all search warrants before the tribunal having jurisdiction over such violation;
(i) Witnesses and oaths. -- The state fire marshal is empowered and authorized to issue subpoenas and subpoenas duces tecum to compel the attendance of persons before him or her to testify in relation to any matter which is, by the provision of this article, a subject of inquiry and investigation by the state fire marshal and cause to be produced before him or her such papers as he or she may require in making such examination. The state fire marshal is hereby authorized to administer oaths and affirmations to persons appearing as witnesses before him or her. False swearing in any matter or proceeding aforesaid shall be deemed considered perjury and shall be punishable as such.
(j) Deputizing members of fire departments in this state. -- The state fire marshal may deputize a member of any fire department, duly organized and operating in this state, who is approved by the chief of his or her department and who is properly qualified, to act as his or her assistant for the purpose of making inspections with the consent of the property owner or the person in control of such the property and such investigations as may be directed by the state fire marshal, and the carrying out of such orders as may be prescribed by him or her, to enforce and make effective the provisions of this article and any and all regulations promulgated by the state fire commission under authority of this article: Provided, That in the case of a volunteer fire department, only the chief thereof or his or her single designated assistant may be so deputized.
(k) Written report of examinations. -- The state fire marshal shall, at the request of the county commission of any county or the municipal authorities of any incorporated municipality in this state, make to them a written report of the examination made by him or her regarding any fire happening within their respective jurisdictions.
(l) Report of losses by insurance companies. -- It shall be is the duty of each fire insurance company or association doing business in this state, within ten days after the adjustment of any loss sustained by it that exceeds fifteen hundred dollars, to report to the state fire marshal, upon forms furnished by him, such information regarding the amount of insurance, the value of the property insured and the amount of claim as adjusted, as in the judgment of the state fire marshal it is necessary for him or her to know. This report is in addition to any such information required by the state insurance commissioner. Upon the request of the owner or insurer of any property destroyed or injured by fire or explosion, or in which an attempt to cause a fire or explosion may have occurred, the state fire marshal shall make a written report to the person requesting the same of the result of the examination made by him or her regarding the property.
(m) Issuance of permits and licenses. -- The state fire marshal is authorized to issue permits, documents and licenses as required in this article in accordance with the provisions of articles three, three-a and three-b of this chapter.
(n) Issuance of citations for fire and life safety violations. -- The state fire marshal, any full-time deputy fire marshal, and any full-time assistant fire marshal are hereby authorized, and any person deputized pursuant to subsection (j) of this section who is approved by the chief of his or her department and who is properly qualified, may be authorized by the state fire marshal, to issue citations, in their respective jurisdictions, for fire and life safety violations of the state fire code and as provided for by the rules promulgated by the state fire commission in accordance with article three, chapter twenty-nine-a of this code: Provided, That a summary report of all citations issued pursuant to this section by persons deputized under subsection (j) of this section shall be forwarded semiannually monthly to the state fire marshal in such form and containing such information as he or she may by regulation require, including the violation for which the citation was issued, the date of issuance, the name of the person issuing the citation and the person to whom the citation was issued. The state fire marshal may at any time revoke the authorization of a person deputized pursuant to subsection (j) of this section to issue citations, if in the opinion of the state fire marshal, the exercise of such authority by such the person is inappropriate.
Violations for which citations may be issued include, but are not limited to:
(1) Overcrowding places of public assembly;
(2) Locked or blocked exits in public areas;
(3) Failure to abate a fire hazard;
(4) Blocking of fire lanes or fire department connections;
and
(5) Tampering with, or rendering inoperable except during necessary maintenance or repairs, on-premise fire fighting equipment, fire detection equipment and fire alarm systems.
No person deputized pursuant to subsection (j) of this section may be is authorized to issue a citation unless that person has satisfactorily completed a law-enforcement officer training course designed specifically for fire marshals. The course shall be approved by the law-enforcement training subcommittee of the governor's committee on criminal justice and highway safety and the state fire commission. In addition, no person deputized pursuant to subsection (j) of this section may be authorized to issue a citation until evidence of liability coverage of such person has been provided, in the case of a paid municipal fire department by the municipality wherein the fire department is located, or in the case of a volunteer fire department, by the county commission of the county wherein the fire department is located or by the municipality served by such the volunteer fire department, and that evidence of liability coverage has been filed with the state fire marshal.
(o) Penalties for violations. -- Any person who violates any fire and life safety regulation of the state fire code, shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one hundred thousand dollars or imprisoned in the county or regional jail not more than ninety days, or both fined and imprisoned.
Each and every day during which any illegal erection, construction, reconstruction, alteration, maintenance or use violation of the provisions of this article continues after knowledge or official notice that same is illegal, shall be deemed is a separate offense.

§29-3-12b. Fees.

(a) The state fire marshal may establish fees in accordance with the following:
(1) For blasting. -- Any person storing, selling or using explosives shall first obtain a permit from the state fire marshal. Such The permit shall be valid from the first day of July through the thirtieth day of June of the succeeding year beginning on the first day of July, one thousand nine hundred eighty-nine. The state fire marshal may charge a fee not to exceed fifty dollars for such the permit.
(2) For inspections of schools or day care facilities. -- The state fire marshal may charge a fee of up to twenty-five dollars per annual inspection for inspection of schools or day care facilities: Provided, That only one such fee may be charged per year for any building in which a school and a day care facility are co-located: Provided, however, That any school or day care facility may not be charged for an inspection more than one time per twelve-month period.
(3) For inspections of hospitals or nursing homes. -- The state fire marshal may charge an inspection fee of up to one hundred dollars per annual inspection of hospitals or nursing homes: Provided, That any hospital or nursing home may not be charged for an inspection more than one time per twelve-month period.
(4) For inspections of personal care homes or board and care facilities. -- The state fire marshal may charge an inspection fee of up to fifty dollars per annual inspection for inspections of personal care homes or board and care facilities: Provided, That any personal care home or board and care facility may not be charged for an inspection more than one time per twelve-month period.
(5) For inspections of residential occupancies. -- The state fire marshal may charge an inspection fee of up to one hundred dollars for each inspection of a residential occupancy. For purposes of this subdivision, "residential occupancies" are those buildings in which sleeping accommodations are provided for normal residential purposes.
(6) For inspections of mercantile occupancies. -- The state fire marshal may charge an inspection fee of up to one hundred dollars for inspections of mercantile occupancies: Provided, That if such inspection is in response to a complaint made by a member of the public, the state fire marshal shall obtain from the complainant an advance inspection fee of twenty-five dollars. This fee shall be returned to the complainant if, after the state fire marshal has made the inspection, he or she finds that the complaint was accurate and justified, and he or she shall thereafter collect an inspection fee of up to one hundred dollars from the mercantile occupancy. If, after the inspection has been performed, it appears to the state fire marshal that such complaint was not accurate or justified, the state fire marshal shall keep the twenty-five dollar advance inspection fee obtained from the complainant and may not collect any fees from the mercantile occupant. For purposes of this section, "mercantile occupancy" includes stores, markets and other rooms, buildings or structures for the display and sale of merchandise.
(7) For business occupancies. -- The state fire marshal may charge an inspection fee of up to one hundred dollars for inspections of business occupancies: Provided, That the provisions in subdivision (6) of this section shall apply regarding complaints by members of the public. For purposes of this section, "business occupancies" are those buildings used for the transaction of business, other than mercantile occupancies, for the keeping of accounts and records, and similar purposes.
(8) For inspections of assembly occupancies. -- The state fire marshal may charge an inspection fee not more than one time per twelve-month period for the inspection of assembly occupancies. The inspection fee shall be assessed as follows: For Class C assembly facilities, an inspection fee not to exceed fifty dollars; for Class B assembly facilities, an inspection fee not to exceed seventy-five dollars; and for Class A facilities, an inspection fee not to exceed one hundred dollars.
For purposes of this subdivision, an "assembly occupancy" includes, but is not limited to, all buildings or portions of buildings used for gathering together fifty or more persons for such purposes as deliberation, worship, entertainment, eating, drinking, amusement or awaiting transportation. For purposes of this section, a "Class C assembly facility" is one that accommodates fifty to three hundred persons; a "Class B facility" is one which accommodates more than three hundred persons but less than one thousand persons; and a "Class A facility" is one which accommodates more than one thousand persons.
(b) The state fire marshal may collect the following fees for the fire safety review of plans and specifications for new and existing construction. Such Fees shall be paid by such the party or parties receiving the review.
(1) Structural barriers and fire safety plans review. -- The fee is one dollar for each one thousand dollars of construction cost up to the first one million dollars. Thereafter, the fee is forty cents for each one thousand dollars of construction cost.
(2) Sprinkler system review. -- The fee charged for the review of an individual sprinkler system is as follows: Number of heads: One to two hundred -- eighty-five dollars; two hundred one to three hundred -- one hundred dollars; three hundred one to seven hundred fifty -- one hundred twenty dollars; over seven hundred fifty -- one hundred twenty dollars plus ten cents per head over seven hundred fifty.
(3) Fire alarm systems review. -- The fee charged for the review of a fire alarm system is fifty dollars for each ten thousand square feet of space with a fifty dollar minimum charge.
(4) Range hood extinguishment system review. -- The fee is twenty-five dollars per individual system reviewed.
(5) Carpet specifications. -- The fee for carpet review and approval is twenty dollars per installation.
(c) All fees authorized and collected pursuant to this article and article three-b of this chapter shall be paid to the state fire marshal and thereafter deposited into a special account for the operation of the state fire commission in administering this article and article three-b of this chapter. The Legislature shall appropriate the moneys in said account by a specific numbered account in the budget bill. Beginning on the first day of July, one thousand nine hundred ninety-two, and every fiscal year thereafter, at the end of each fiscal year there shall be transferred from the special account, to the general revenue fund of the state, ten percent of all money collected by the fire marshal during the year: Provided, That Any balance remaining in the special account at the end of any fiscal year, after the transfer of the ten percent, shall be reappropriated to the next fiscal year. Provided, however, That in addition to said ten percent, amounts collected which are found from time to time to exceed the funds needed for purposes for which the fees are collected may be transferred to other accounts or redesignated for other purposes by appropriation of the Legislature
(d) If the owner or occupant of any occupancy arranges a time and place for an inspection with the state fire marshal and is not ready for the occupancy to be inspected at the appointed time and place, the owner or occupant thereof shall be charged the inspection fee provided in this section unless at least forty-eight hours prior to the scheduled inspection the owner or occupant requests the state fire marshal to reschedule such inspection. In the event a second inspection is required by the state fire marshal as a result of the owner or occupant failing to be ready for the inspection when the state fire marshal arrives, the state fire marshal shall charge the owner or occupant of such the occupancy the inspection fees set forth above for each inspection trip required.
(e) After the first day of January, two thousand two, the state fire marshal may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to establish a schedule of fees for services.
§29-3-16a. Smoke detectors in one- and two-family dwellings; carbon monoxide detectors in residential units; 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 72, "Standard for the Installation, Maintenance and Use of Household Fire Warning Equipment," 1989 1996 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) of this section 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) 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 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; and
(2) In any residential unit which is connected to a newly constructed building, including, but not limited to, a garage, storage shed or bar, which has a fuel-burning heating or cooking source, including, but not limited to, an oil or gas furnace or stove.
(g) 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.
(h) 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.
(i) 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.
(j) A violation of this section shall may not be deemed considered by virtue of such the violation to constitute evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages.
(k) A violation of this section shall may not constitute a defense in any civil action or proceeding involving any insurance policy.
(l) 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, among other things, to clarify the powers, duties and authority of the state fire commission and the state fire marshal and providing for state license plates for the state fire marshal.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.