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PRIOR PRINTER'S NO. 1470
PRINTER'S NO. 3130
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1236
Session of
2019
INTRODUCED BY POLINCHOCK, FARRY, CIRESI, HEFFLEY, KORTZ,
MARKOSEK, MURT, SCHLOSSBERG AND BARRAR, APRIL 17, 2019
AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED,
JANUARY 14, 2020
AN ACT
Regulating certain smoke alarm devices; providing for owner
responsibilities; and prescribing penalties.
REGULATING CERTAIN SMOKE ALARMS; PROVIDING FOR DWELLING UNIT
OWNER AND TENANT RESPONSIBILITIES; AND PRESCRIBING PENALTIES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Smoke Alarm
Device 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:
"Approved smoke alarm device." A smoke alarm device that:
(1) is powered by a nonremovable, nonreplaceable battery
capable of powering the smoke alarm device for at least 10
years;
(2) is powered by an electrical system;
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(3) is part of a fire alarm system that operates other
smoke alarm devices; or
(4) uses a low-power radio frequency wireless
communication signal.
"Owner of a dwelling." A person who owns a one-family, two-
family or multifamily dwelling.
"Smoke alarm device." A fire-protection device that
automatically detects and gives a warning of the presence of
smoke.
Section 3. Prohibition.
(a) General rule.--No person may distribute, sell, offer for
sale or import a smoke alarm device unless the device is an
approved smoke alarm device.
(b) Exception.--Subsection (a) shall not apply to a smoke
alarm device manufactured prior to the effective date of this
section.
Section 4. Leased dwellings.
(a) General rule.--An owner of a dwelling that leases a
dwelling shall, prior to execution of the lease, equip the
dwelling with an approved smoke alarm device.
(b) Exception.--Subsection (a) shall not apply to a smoke
alarm device installed in a dwelling prior to the effective date
of this section.
Section 5. Owner responsibilities.
(a) Approved smoke alarm device required.--An owner of a
dwelling that installs or replaces a smoke alarm device in the
dwelling after the effective date of this section, must do so
with an approved smoke alarm device.
(b) Construction.--Nothing in this act shall be construed as
requiring an owner of a dwelling that is leased to maintain,
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repair or replace an approved smoke alarm device in the dwelling
while the dwelling is occupied.
Section 6. Tenant responsibilities.
The tenant of a one-family, two-family or multifamily
dwelling in which an approved smoke alarm device has been
installed in accordance with this act:
(1) Shall maintain the approved smoke alarm device in
good repair.
(2) Shall test the approved smoke alarm device annually.
(3) May not remove or render the approved smoke alarm
device inoperable.
(4) Shall notify the owner of the dwelling, or its
authorized agent, in writing of any deficiencies relating to
the approved smoke alarm device.
Section 7. Enforcement.
A person who violates this act commits a summary offense
punishable by a fine of up to $50.
Section 8. Municipal requirements.
Nothing in this act shall be construed as preventing a
municipality from adopting, by ordinance or resolution, equal or
more stringent requirements relating to smoke alarm devices.
Section 9. Effective date.
This act shall take effect in two years.
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:
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"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.
(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
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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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