Bill Text - HB120 (2009)

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


Revision: March 26, 2009, midnight

HB 120-FN-LOCAL – AS AMENDED BY THE HOUSE

24Mar2009… 0103h

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24Mar2009… 0103h

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 Requiring Carbon Monoxide Detection Devices in Certain Dwellings. Amend RSA 153:10-a to read as follows:

153:10-a [Fire Protection and Warning] Automatic Fire Warning Devices and Carbon Monoxide Detection Devices in [Multi-Family] Dwellings.

I. Each unit contained in a multi-unit dwelling shall be equipped with automatic fire warning devices and carbon monoxide detection devices. On every floor level and in each common stairway and in each common hallway of a multi-unit dwelling, there shall be an automatic fire warning device and carbon monoxide detection device.

II. Every single family dwelling which is built or substantially rehabilitated after January 1, [1982] 2010, shall be equipped with an automatic fire warning device and a carbon monoxide detection device.

II-a. Every rental unit as defined in RSA 153:1, IX-a shall be equipped with at least one automatic fire warning device and one carbon monoxide detection device. An automatic fire warning device shall be located in each hallway or area which is adjacent to a sleeping area. The provisions of this paragraph shall be in addition to any requirements under paragraph II. The owner of the rental unit shall be responsible for maintaining the automatic fire warning device and carbon monoxide detection device in a suitable condition.

III. The state fire marshal may adopt such rules pursuant to RSA 541-A as [he thinks are] necessary to enforce paragraphs I, [and] II, and II-a. [He] The state fire marshal shall either enforce the provisions of this section or appoint the appropriate municipal authority to enforce the provisions of this section.

IV. Any party aggrieved by the state fire marshal's interpretation, order, requirement, or direction under the provisions of this section may, within 45 days after the service of notice, appeal to the supreme court under RSA 541.

V. The state fire marshal may grant authority in writing to local fire authorities to issue citations for violations of fire safety rules adopted under RSA 153:10-a and RSA 153:10-b. A citation for violations issued under this paragraph shall carry the penalty set forth in RSA 153:24.

VI. Any ordinance or bylaw enacted by a city, town, village district, or precinct, or any rule or regulation adopted for licensure by a governmental agency which contains more stringent requirements than the provisions of this section shall not be made void by this section and shall remain in full force and effect.

VII. Whenever the enforcement authority observes a violation of this section, he or she shall prepare a written notice of violation describing the substandard condition and specifying a time limit for the elimination of the violation. The written notice of violation shall be served by the enforcement authority or [his] the authority’s designee upon the owner or [his] the owner’s duly authorized agent or upon the occupant or other person responsible for the violation. Such notice of violation shall be served either by certified mail to the last known post office address or by delivering it personally to such person or persons.

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.