SENATE, No. 2037

By Ms. Murray, a petition (accompanied by bill, Senate, No. 2037) of Therese Murray, Viriato Manuel deMacedo and Thomas J. O'Brien for legislation relative to the installation of carbon monoxide detectors in residential buildings ("Nicole's Law"). Public Safety and Homeland Security.

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.


AN ACT RELATIVE TO THE INSTALLATION OF CARBON MONOXIDE DETECTORS IN RESIDENTIAL BUILDINGS (“NICOLE’S LAW”)

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.

                  The first paragraph of section 10A of chapter 148 of the General Laws, as amended by section 104 of chapter 46 of the acts of 2003, is hereby further amended by striking out the last sentence and inserting in place thereof the following words:-   Any such permit may be revoked for cause by him or by the marshal. 

A fee of $25 may be charged by the head of the fire department for any permit granted under this section, unless otherwise set, in a town by the board of selectmen or town council, or in a city by the mayor, but such fee shall not exceed $50 except as provided in this paragraph.  If a smoke detector inspection, conducted pursuant to section 26F of said chapter 148, and a carbon monoxide detector inspection, conducted pursuant to section 26F ˝ of said chapter 148, are conducted simultaneously, the owner shall not be subject to an additional fee for the carbon monoxide detector inspection.  The fee for either a carbon monoxide detector inspection or a smoke detector inspection, conducted separately, shall not exceed: $50 for a single-family dwelling or a single dwelling unit; $100 for a 2-family dwelling; $150 for any building or structure with 6 or fewer residential units; and $500 for any building or structure with more than 6 units. 

SECTION 2.  Said chapter 148 is hereby further amended by inserting after section 26F the following section :-

Section 26F ˝.   (a)  Every dwelling, building or structure, occupied in whole or in part for residential purposes, shall, upon sale or transfer, be equipped by the seller or transferor with working, approved carbon monoxide detectors and be subject to inspection therefor.

 (b)  The board of fire prevention regulations shall promulgate such regulations as may be necessary to effectuate this section including, but not limited to, the type, installation, location, maintenance and inspection requirements of carbon monoxide detectors.

(c)  The head of the fire department shall enforce this section.

SECTION 3. Notwithstanding any general or special law or regulation to the contrary, all buildings or structures, occupied in whole or in part for residential purposes and containing 3 or more units, shall, within 180 days of the effective date of this act, be equipped by the owner with working, approved carbon monoxide detectors and be subject to inspection therefor.  The head of the fire department, as defined in section 1 of chapter 148 of the General Laws, shall enforce this section.