Bill Text - HB120 (2009)

Relative to the installation of carbon monoxide detectors in single and multi-family dwellings.


Revision: Jan. 12, 2009, midnight

HB 120-FN-LOCAL – AS INTRODUCED

2009 SESSION

09-0151

05/09

HOUSE BILL 120-FN-LOCAL

AN ACT relative to the installation of carbon monoxide detectors in single and multi-family dwellings.

SPONSORS: Rep. Laliberte, Graf 10

COMMITTEE: Commerce

ANALYSIS

This bill requires the installation of carbon monoxide detectors in single and multi-family dwellings built or substantially rehabilitated after January 1, 2010.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0151

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to the installation of carbon monoxide detectors in single and multi-family dwellings.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Carbon Monoxide Detection and Warning Equipment. Amend RSA 153 by inserting after section 37 the following new subdivision:

Carbon Monoxide Detection and Warning Equipment

153:38 Carbon Monoxide Detection and Warning Equipment in Single and Multi-Family Dwellings.

I. Each unit of a multi-unit dwelling, as defined in RSA 153:1, VI, that is built or substantially rehabilitated after January 1, 2010, shall be equipped with automatic carbon monoxide detection devices in the manner and location specified by the state fire marshal.

II. Every single family dwelling, as defined in RSA 153:1, X, that is built or substantially rehabilitated after January 1, 2010, shall be equipped with automatic carbon monoxide detection devices in the manner and location specified by the state fire marshal, provided that a detection device shall be required on each floor of the residence.

III. No certificate of occupancy shall be issued for a single or multi-family dwelling that does not meet the requirements of this section and the rules adopted herein.

IV. Prior to the sale or transfer of any single or multi-family dwelling, the state fire marshal or local building inspector shall certify compliance with this section and the rules adopted thereunder.

V. The state fire marshal shall adopt rules, under RSA 541-A, relative to the installation of carbon monoxide detectors in single and multi-family dwellings, including the type, installation, location, maintenance, and inspection requirements, if any, of carbon monoxide detection devices.

2 Effective Date. This act shall take effect January 1, 2010.

LBAO

09-0151

12/22/08

HB 120-FN-LOCAL - FISCAL NOTE

AN ACT relative to the installation of carbon monoxide detectors in single and multi-family dwellings.

FISCAL IMPACT:

      The New Hampshire Municipal Association states this bill would increase local expenditures by an indeterminable amount in FY 2010 and each year thereafter. This bill will have no impact on state and county expenditures or state, county, and local revenues.

METHODOLOGY:

    The New Hampshire Municipal Association states this legislation requires every single-family or multi-family dwelling that is built or substantially rehabilitated after January 1, 2010 to be equipped with automatic carbon monoxide detectors. No certificate of occupancy could be issued for any dwelling that does not meet the requirement. The bill would also require the state fire marshal or the local building inspector to certify compliance with the requirement prior to the sale or transfer of any dwelling. The Association states not all municipalities issue certificates of occupancy. For municipalities which do issue certificates, the local building inspector or code enforcement officer’s inspection for proper installation of carbon monoxide detectors may require some additional effort, but the additional expense would be minimal. The Association states the bill is unclear as to what party will be responsible to ensure an inspection is performed prior to sale or transfer of any dwelling, i.e., the state Fire Marshal, local building inspector, or seller. If the requirement falls on the municipalities, the Association states this requirement may involve significant local expense. Additionally, not all towns employ a local building inspector. The exact fiscal impact cannot be determined at this time.

    The Department of Safety states there would be no fiscal impact on state revenue or expenditures.