Staff Writer
Legislators have taken steps to address the increase in carbon monoxide-related deaths in recent years, implementing new laws that will require the installation of smoke and carbon detectors in new homes and rental properties.
“Due primarily to the increased frequency of CO related poisonings in Maine over the past five years, the 124th Maine Legislature passed ‘An Act to Protect Maine Residents from Home Fires and Carbon Monoxide,’” said John C. Dean, state fire marshal, based in Augusta.
According to Dean, the portions of the law mandating installation and maintenance of CO detectors are entirely new, while those dealing with smoke detectors are changes to an existing statute.
The law, as it applies to smoke detectors, states: “Owners of single-family or multifamily occupancies are required to have a working smoke detector, photelectric or ionization, in each area within or giving access to bedrooms.”
Dean said the updated law, which takes effect Oct. 31, now requires both electrical units and battery-powered be used.
“After Oct. 31, smoke detectors installed in a multifamily or newly-constructed single-family occupancy must be powered by both the electrical service in the building or dwelling and by battery,” said Dean, noting batteries act as a backup to regular electrical service and are important to have in the event of a power outage.
In an apartment occupied under the terms of a rental agreement or under month-to-month tenancy, smoke detectors are to be in place and in working order. Upon a tenant’s written notification of any deficiencies in the smoke detectors, the landlord is responsible for repairing or replacing the unit.
Under the law, Dean said some of the responsibility falls on the tenants to ensure detectors are functioning properly.
“The law reads, ‘Tenants shall keep the smoke detectors in working condition, test them periodically to ensure that they work and refrain from disabling them,’” said Dean.
Individuals looking to purchase properties are also expected to comply with changes in the law.
“After Oct. 31, any person acquiring by sale or exchange either a single-family dwelling or multi-apartment building shall certify at closing that the dwelling or multi-apartment building is provided with smoke detectors in accordance with this statute. The certification must be signed and dated by the purchaser,” Dean said.
In addition, any smoke detector located within 20 feet of a kitchen or a bathroom containing a tub or shower, “must be a photoelectric-type smoke detector,” said Dean.
Dean noted the law included a number of added provisions with regard to carbon monoxide detectors and where they now must be placed.
“Carbon monoxide detectors are required in each area giving access to a bedroom in each apartment in any building of multifamily occupancy; any addition to or restoration of an existing single-family dwelling that adds at least one bedroom to the dwelling unit; and any conversion of a building to a single-family dwelling,” said Dean.
As with smoke detectors, CO detectors “must be powered by a battery and the electrical service (either plugged in or hardwired) in the building,” he said.
The law also addresses installation of units with regard to hearing-impaired occupants.
“Upon the request of a deaf or hard-of-hearing occupant, the owner of a dwelling unit shall provide an approved CO detector within the dwelling unit. If the owner does not provide a suitable CO detector, the occupant may purchase, install and maintain a suitable unit for themselves and deduct the cost from their rent,” said Dean.
Units must now be installed in all new construction.
“Those building a new single-family dwelling shall install a CO detector in each area within or giving access to bedrooms and must be powered by the electrical service in the building, as well as by battery,” Dean said.
In an apartment occupied under the terms of a rental agreement or under month-to-month tenancy, CO detectors are to be in place and operational at the time of each occupancy. Upon a tenant’s written notification of any deficiencies in the units, said Dean, the landlord shall repair or replace the smoke detector.
“Tenants shall keep the CO detectors in working condition by keeping charged batteries in place and refraining from disabling them,” Dean added.
“After Oct. 31, any person acquiring by sale (buying) or exchange either a single-family dwelling or multifamily building shall certify at closing that the dwelling or multi-apartment building is provided with CO detectors in accordance with the statute,” said Dean. “The certification must be signed and dated by the purchaser.”
Dean said the commissioner of Public Safety shall adopt rules pertaining to CO detectors. The Department of Public Safety, Office of the State Fire Marshall, shall develop a plan to determine standards for substantial compliance and carbon monoxide education programs designed to achieve substantial compliance.
The law also contains provisions which impose fines and/or forfeiture of up to $500 per violation of this section.
Jerry McAvaddy, code enforcement officer for Presque Isle, said the law applies to rental properties, multifamily structures and new construction, not older single-family dwellings.
“This applies primarily to rental properties. Single-family homes are grandfathered, under the law, until they are sold. Once sold, the new owner would have to comply with the law as written,” said McAvaddy.
So far, McAvaddy said feedback has been positive.
“I haven’t had any complaints. Public response has been good. I’ve had at least one landlord who’s already gone and purchase a number of units to install in his rental properties,” said McAvaddy.
For more information, contact Dean’s office at 626-3873 or McAvaddy at 764-2506.
Photo courtesy of PIFD
A KITCHEN FIRE was extinguished by firefighters, in this file photo from the Presque Isle Fire Department. Fire quickly spread to the surrounding walls and cupboards, causing considerable damage. Fires like this one can be deadly, that’s why firefighters urge individuals not to leave stoves unattended when in use. Smoke detectors play a big role in saving lives and property when incidents like this occur.
