PRINTER'S NO. 848
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
860
Session of
2021
INTRODUCED BY POLINCHOCK, FARRY, BROOKS, CIRESI, NEILSON,
O'MARA, SANCHEZ, SIMS, THOMAS AND ZIMMERMAN, MARCH 11, 2021
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MARCH 11, 2021
AN ACT
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
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,
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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) Owner responsibilities.--Except as provided in section
7, the owner of a dwelling unit existing on the effective date
of this subsection shall:
(1) Equip, within 24 months of the effective date of
this section, the dwelling unit 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.
(2) Replace, in accordance with this act, any smoke
alarm that has been stolen, removed, found missing or
rendered inoperable during a prior occupancy of the dwelling
unit and which has not been replaced by the prior tenant
before the commencement of a new occupancy of the dwelling
unit.
(3) Ensure that the smoke alarm is in operating
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condition at the time the new tenant takes residence in the
dwelling unit.
(4) Notwithstanding any other provision of this act,
upon notification by the tenant in writing of any deficiency
relating to the smoke alarm under section 4(4), address the
deficiency and ensure the dwelling unit is equipped with a
smoke alarm in compliance with this act within 96 hours of
notification by the tenant.
(b) New construction, alterations, repairs or additions not
required.--The equipping and installation of smoke alarms shall
not require new construction, alterations, repairs or additions.
(c) Maintenance, repair or replacement.--Except as provided
under subsection (a)(4), the owner of a dwelling unit used for
rental purposes shall not be responsible for the maintenance
repair or replacement of a smoke alarm while the dwelling unit
is occupied. Responsibility for maintenance and repair of the
smoke alarm shall revert to the owner of the dwelling unit upon
the vacancy of the dwelling unit.
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 ensure that the smoke alarm in the dwelling
unit is tested 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.
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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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