H1236B1470A04454 MSP:CDM 01/10/20 #90 A04454
AMENDMENTS TO HOUSE BILL NO. 1236
Sponsor: REPRESENTATIVE POLINCHOCK
Printer's No. 1470
Amend Bill, page 1, lines 1 and 2, by striking out all of
said lines and inserting
Regulating certain smoke alarms; providing for dwelling unit
owner and tenant responsibilities; and prescribing penalties.
Amend Bill, page 1, lines 5 through 18; page 2, lines 1
through 30; page 3, lines 1 through 21; by striking out all of
said lines on said pages and inserting
Section 1. Short title.
This act shall be known and may be cited as the Smoke Alarm
Responsibility Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Dwelling." A building that contains one or more dwelling
units that are or will be rented, leased, let or hired out for
living purposes.
"Dwelling unit." A single unit in a dwelling providing
complete independent living facilities for at least one
individual, including permanent provisions for living, sleeping,
eating, cooking and sanitation.
"Smoke alarm." A smoke alarm that:
(1) Meets any of the following:
(i) is powered by a nonremovable, nonreplaceable
battery capable of powering the smoke alarm device for at
least 10 years;
(ii) is powered by an electrical system;
(iii) is part of a fire alarm system that operates
other smoke alarm devices; or
(iv) uses a low-power radio frequency wireless
communication signal.
(2) Is listed in accordance with UL 217 or in accordance
with UL 217 and UL 2034 for combination smoke and carbon
monoxide alarms.
Section 3. Dwelling units.
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(a) General rule.--Except as provided in section 7, dwelling
units existing on the effective date of this subsection shall be
equipped with a smoke alarm that is installed in accordance with
required updates or changes under section 108 of the act of
November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
Construction Code Act, prior to execution of a valid lease. The
equipping and installation of smoke alarms shall not require new
construction, alterations, repairs or additions.
(b) Construction.--Nothing in this act shall be construed as
requiring an owner of an existing dwelling unit that is leased
to maintain, repair or replace a smoke alarm in the dwelling
unit while the dwelling unit is occupied under a valid lease.
Section 4. Tenant responsibilities.
The tenant of a dwelling unit:
(1) Shall maintain the smoke alarm in the dwelling unit
in good repair.
(2) Shall test the smoke alarm in the dwelling unit
annually.
(3) May not remove or render the smoke alarm in the
dwelling unit inoperable.
(4) Shall notify the owner of the dwelling unit or its
authorized agent in writing of any deficiencies relating to
the smoke alarm.
Section 5. Modification.
Nothing in this act is intended to modify the authority and
responsibilities of the Department of Labor and Industry under
the act of November 10, 1999 (P.L.491, No.45), known as the
Pennsylvania Construction Code Act.
Section 6. Enforcement.
An individual who violates this act commits a summary offense
punishable by a fine of up to $50.
Section 7. Exception.
Nothing in this act shall be construed as requiring an owner
of a dwelling unit to replace a working smoke alarm that is not
more than 10 years old.
Section 8. Effective date.
This act shall take effect in 120 days.
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