PRINTER'S NO. 1470
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1236
Session of
2019
INTRODUCED BY POLINCHOCK, FARRY, CIRESI, HEFFLEY, KORTZ,
MARKOSEK, MURT AND SCHLOSSBERG, APRIL 17, 2019
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 17, 2019
AN ACT
Regulating certain smoke alarm devices; providing for owner
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;
(3) is part of a fire alarm system that operates other
smoke alarm devices; or
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(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,
repair or replace an approved smoke alarm device in the dwelling
while the dwelling is occupied.
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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.
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