By Ms. Malia of Boston, petition (accompanied by bill, House, No. 2345) of Thomas M. Menino and others relative to the responsibility of landlords for the installation of batteries in smoke detectors in certain multi-family residential buildings.  Public Safety and Homeland Security.

The Commonwealth of Massachusetts

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PETITION OF:

Thomas M. Menino

Elizabeth A. Malia

Michael F. Rush

John P. Fresolo

James B. Eldridge

Kay Khan

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In the Year Two Thousand and Seven.

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An Act relative to smoke detector responsibility clarification.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Chapter 148 of the General Laws as appearing in the 2004 Official Edition shall be amended at the end thereof by adding the following new section:-

”Chapter 148, Section 26C1/2.  Multiple dwelling units; smoke detectors

For all residential buildings containing 6 or more units, which are permitted under the rules and regulations of the board of fire prevention to utilize approved monitored battery power smoke detector as defined by section 26D, the landlord is responsible for providing the tenant with a new battery for the smoke detector(s) located inside units, when the smoke detector requires a battery, at the beginning of a lease and annually thereafter. The landlord should test the operation of the smoke detector at this time. The tenant is responsible for maintaining the smoke detector at other times including monthly testing. If the tenant notifies the landlord in writing of any problems with the smoke detector the landlord must address the identified problems in a reasonable time.
At the beginning of a lease, each tenant must be provided with information describing the fire protection systems in the building as well as the evacuation plan for the building.”