ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 389
(By Senators Ball, White, Hunter and Love)
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[Originating in the Committee on the Judiciary;
reported February 17, 1998.]
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A BILL to amend and reenact section sixteen-a, article three,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
requiring carbon monoxide detectors in certain residential
units with fuel-burning heating or cooking sources after the
first day of July, one thousand nine hundred ninety-eight;
and penalty.
Be it enacted by the Legislature of West Virginia:
That section sixteen-a, article three, chapter twenty-nine
of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-16a. Smoke detectors in one- and two-family dwellings;
penalty.
(a) On or before the first day of July, one thousand nine hundred ninety-one, an operational smoke detector shall be
installed in the immediate vicinity of each sleeping area within
all one- and two-family dwellings, including any "manufactured
home" as that term is defined in subsection (j), section two,
article nine, chapter twenty-one of this code. Such smoke
detector shall be capable of sensing visible or invisible
particles of combustion and shall meet the specifications and be
installed as provided for in the National Fire Protection
Association Standard 74, "Standard for the Installation,
Maintenance and Use of Household Fire Warning Equipment", 1989
edition, and in the manufacturer's specifications. When
activated, the smoke detector shall provide an alarm suitable to
warn the occupants of the danger of fire.
(b) The owner of each dwelling described in subsection (a)
of this section shall provide, install and replace the
operational smoke detectors required by this section. So as to
assure that the smoke detector continues to be operational, in
each dwelling described in subsection (a) of this section which
is not occupied by the owner thereof, the tenant in any such
dwelling shall perform routine maintenance on the smoke detectors
within such dwelling.
(c) Where a dwelling is not occupied by the owner and is
occupied by an individual who is deaf or hearing impaired, the
owner shall, upon written request by or on behalf of such
individual, provide and install a smoke detector with a light signal sufficient to warn the deaf or hearing-impaired individual
of the danger of fire.
(d) An automatic fire sprinkler system installed in
accordance with the National Fire Protection Association Standard
13D, "Standard for the Installation of Sprinkler Systems in
Residential Occupancies", 1989 edition, may be provided in lieu
of smoke detectors.
(e) After investigating a fire in any dwelling described in
subsection (a) of this section, the local investigating authority
shall issue to the owner a smoke detector installation order in
the absence of the required smoke detectors.
(f) After the first day of July, one thousand nine hundred
ninety-eight, an operational carbon monoxide detector with a
suitable alarm shall be installed in accordance with the
manufacturer's direction:
(1) In any newly constructed residential unit which has a
fuel-burning heating or cooking source, including, but not
limited to, an oil or gas furnace or stove;
(2) In any residential unit which is connected to a newly
constructed building, including, but not limited to, a garage,
storage shed or barn, which has a fuel-burning heating or cooking
source, including, but not limited to, an oil or gas furnace or
oven; or
(3) In any existing residential unit in which repair or
maintenance work is undertaken on the unit's fuel-burning heating or cooking source or its venting system: Provided, That no
person, company or contractor hired to perform such repair or
maintenance work may require the owner or occupant of the
residential unit to purchase a carbon monoxide detector from said
person, company or contractor as a condition of performing such
work or refuse to perform work until a carbon monoxide detector
has been installed.
(f) (g) Any person who violates any provision of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than fifty dollars nor more than one
hundred dollars.
(g) (h) A violation of this section shall not be deemed by
virtue of such violation to constitute evidence of negligence or
contributory negligence or comparative negligence in any civil
action or proceeding for damages.
(h) (i) A violation of this section shall not constitute a
defense in any civil action or proceeding involving any insurance
policy.
(i) (j) Nothing in this section shall be construed to limit
the rights of any political subdivision in this state to enact
laws imposing upon owners of any dwelling or other building
described in subsection (a) or (f) of this section a greater duty
with regard to the installation, repair and replacement of the
smoke detectors or carbon monoxide detectors than is required by
this section.