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The committee on Public Safety and Homeland Security to whom was referred the petition (accompanied by bill, Senate, No. 2037) relative to to the installation of carbon monoxide detectors in residential buildings ("Nicole's Law"), reported, recommeding that the same ought to pass, with an amendment substituting a new draft entitled "An Act relative to the installation of carbon monoxide alarms and smoke detectors in residential buildings " (Senate, No. 2134). Jarrett T. Barrios , |
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 appearing in the 2002 official edition, 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 there of 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 alarm 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 alarm inspection. The fee for either a carbon monoxide alarm 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, including those owned or operated by the Commonwealth, occupied in whole or in part for residential purposes, shall within 180 days of the effective date of this act, be equipped by the owner with working, approved carbon monoxide alarms in conformance with the requirements of the board of fire prevention regulations. Said requirements shall include, but not be limited to, the duty of the landlord or superintendent to provide said alarms, batteries or maintenance as required to each tenant at the beginning of any rental period by lease or otherwise and annually thereafter.
(b) The board of fire prevention regulations shall promulgate such regulations as maybe necessary to effectuate this section including, but not limited to, the type, installation, location, maintenance and inspection requirements of carbon monoxide alarms.
(c) Every dwelling, building or structure occupied in whole or in part for residential purposes shall, upon sale or transfer of such dwelling, building or structure, be inspected by the head of the fire department for compliance with the requirements of this section.
(d) This section shall not apply to any dwelling, building or structure occupied in whole or in part for residential purposes currently required to install carbon monoxide alarms in accordance with the provisions of the state building code. Said dwellings, buildings or structures shall conform to the requirements of the state building code in effect at the time of construction to meet the inspection standards for sale or transfer under this section.
(e) The head of the fire department shall enforce the provisions of this section.
(f) The department of public health shall promulgate such rules and regulations as maybe necessary to effectuate subsection (a) of this section into the state sanitary code as established under section 127A of chapter 111.
(g) The owner of said dwelling, building or structure may appeal to the head of the fire department for an extension of the period of compliance for an additional 180 days, provided the owner submits, within 180 days of the effective day of this act, a signed copy of a contract for the purchase or installation of the system and a proposed time for completion for installation of said carbon monoxide alarms. An appeal shall not be heard unless the installation of carbon monoxide alarms is hardwired into said structures electrical system or the number of units in single ownership or management exceeds 500 residential units.
SECTION 3. Section 27A of Chapter 148 of the General Laws, as so appearing, is hereby amended by inserting in line 4 after the words “fire protection” the following words:- “or carbon monoxide detection and alarm”.
SECTION 4. Section 26E of Chapter 148 of the General Laws, as so appearing, is hereby amended by striking out in line 1, the following words:- “In any city or town which accepts this subsection” and inserting in place thereof the following word:- “all”.