Bill Text: IA SF2219 | 2015-2016 | 86th General Assembly | Enrolled

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Bill Title: A bill for an act requiring carbon monoxide alarms in certain dwellings and multiple-unit residential buildings, making penalties applicable, and including effective date provisions. (Formerly SSB 3017.) Effective 7-1-18.

Sponsorship: Committee Bill

Status: (Passed) 2016-04-14 - Signed by Governor. S.J. 708. [SF2219 Detail]

Download: Iowa-2015-SF2219-Enrolled.html

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Senate File 2219 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON STATE
                                  GOVERNMENT

                              (SUCCESSOR TO SSB
                                  3017)
 \5
                                   A BILL FOR
 \1
                                       Senate File 2219

                             AN ACT
 REQUIRING CARBON MONOXIDE ALARMS IN CERTAIN DWELLINGS AND
    MULTIPLE=UNIT RESIDENTIAL BUILDINGS, MAKING PENALTIES
    APPLICABLE, AND INCLUDING EFFECTIVE DATE PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 100.18, subsection 1, Code 2016, is
 amended by adding the following new paragraphs:
    NEW PARAGRAPH.  0a.  "Carbon monoxide alarm" means a device
 which detects carbon monoxide and which incorporates an
 alarm=sounding unit operated from a power supply either in the
 unit or obtained at the point of installation.
    NEW PARAGRAPH.  0b.  "Fuel" means coal, kerosene, oil, fuel
 gases, or other petroleum products or hydrocarbon products
 such as wood that emit carbon monoxide as a by=product of
 combustion.
    Sec. 2.  Section 100.18, Code 2016, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  2A.  a.  Multiple=unit residential buildings
 and single=family dwellings, the construction of which is begun
 on or after July 1, 2018, and that have a fuel=fired heater or
 appliance, a fireplace, or an attached garage, shall include
 the installation of carbon monoxide alarms in compliance
 with the rules established by the state fire marshal under
 subsection 4.
    b.  The rules shall require the installation of carbon
 monoxide alarms in existing single=family rental units and
 multiple=unit residential buildings that have a fuel=fired
 heater or appliance, a fireplace, or an attached garage.
 Existing single=family dwellings that have a fuel=fired heater
 or appliance, a fireplace, or an attached garage shall be
 equipped with approved carbon monoxide alarms. For purposes
 of this paragraph, "approved carbon monoxide alarm" means a
 carbon monoxide alarm that meets the standards established by
 the underwriters' laboratories or is approved by the state fire
 marshal as established by rule under subsection 4. A person
 who files for a homestead credit pursuant to chapter 425 shall
 certify that the single=family dwelling for which the credit
 is filed and that has a fuel=fired heater or appliance, a
 fireplace, or an attached garage, has carbon monoxide alarms
 installed in compliance with this section, or that such alarms
 will be installed within thirty days of the date the filing
 for the credit is made. The state fire marshal shall adopt
 rules and establish appropriate procedures to administer this
 subsection.
    c.  An owner of a multiple=unit residential building or
 a single=family rental unit that has a fuel=fired heater or
 appliance, a fireplace, or an attached garage, or an owner's
 agent, shall supply light=emitting carbon monoxide alarms, upon
 request, for a tenant with a hearing impairment.
    d.  The owner of a building requiring the installation of
 carbon monoxide alarms under this subsection shall install
 a carbon monoxide alarm in a location as specified by rules
 established by the state fire marshal under subsection 4,
 taking into account the number and location of all fuel sources
 in the building.
    Sec. 3.  Section 100.18, subsections 4, 6, and 7, Code 2016,
 are amended to read as follows:
    4.  The state fire marshal shall enforce the requirements
 of subsection subsections 2 and 2A and may implement a program
 of inspections to monitor compliance with the provisions
 of that subsection those subsections. Upon inspection,
 the state fire marshal shall issue a written notice to the
 owner or manager of a multiple=unit residential building or
 single=family dwelling rental unit informing the owner or
 manager of compliance or noncompliance with this section. The
 state fire marshal may contract with any political subdivision
 without fee assessed to either the state fire marshal or the
 political subdivision, for the performance of the inspection
 and notification responsibilities. The inspections authorized
 under this section are limited to the placement, repair, and
 operability of smoke detectors and carbon monoxide alarms. Any
 broader inspection authority is not derived from this section.
 The state fire marshal shall adopt rules under chapter 17A as
 necessary to enforce this section including rules concerning
 the placement of smoke detectors and carbon monoxide alarms
  and the use of acceptable smoke detectors and carbon monoxide
 alarms. The smoke detectors and carbon monoxide alarms shall
 display a label or other identification issued by an approved
 testing agency or another label specifically approved by the
 state fire marshal.
    6.  If a smoke detector or carbon monoxide alarm is found
 to be inoperable, the owner or manager of the multiple=unit
 residential building or single=family dwelling rental unit
  shall correct the situation within fourteen thirty days after
 written notification to the owner or manager by the tenant,
 guest, roomer, state fire marshal, fire marshal's subordinates,
 chiefs of local fire departments, building inspectors, or other
 fire, building, or safety officials. If the owner or manager
 of a multiple=unit residential building or single=family rental
 unit fails to correct the situation within the fourteen thirty
  days the tenant, guest, or roomer may cause the smoke detector
 or carbon monoxide alarm to be repaired or purchase and install
 a smoke detector or carbon monoxide alarm required under this
 section and may deduct the repair cost or purchase price from
 the next rental payment or payments made by the tenant, guest,
 or roomer. However, a lessor or owner may require a lessee,
 tenant, guest, or roomer who has a residency of longer than
 thirty days to provide the battery for a battery operated smoke
 detector or carbon monoxide alarm.
    7.  No person may render inoperable a smoke detector, or
 carbon monoxide alarm which is required to be installed by this
 section, by tampering.
    Sec. 4.  EFFECTIVE DATE.  This Act takes effect July 1, 2018.


                                                             
                               PAM JOCHUM
                               President of the Senate


                                                             
                               LINDA UPMEYER
                               Speaker of the House
    I hereby certify that this bill originated in the Senate and
 is known as Senate File 2219, Eighty=sixth General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2016


                                                             
                               TERRY E. BRANSTAD
                               Governor

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