H. B. 2678
(By Delegates Love, Warner, Nesbitt, Ashcraft,
Doyle, Mezzatesta and Tribett, By Request)
[Introduced March 23, 1993; referred to the
Committee on the Judiciary.]
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 the installation of smoke detectors in all one and
two-family dwellings, including manufactured homes; and
providing criminal penalties therefor.
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 The 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) which is not occupied
by the owner thereof, the tenant in any
such dwelling shall
perform routine maintenance on the smoke detectors within
such
the 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 the
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 inResidential Occupancies," 1989 edition, may be provided in lieu
of smoke detectors.
(e) The local fire authority may inspect any dwelling, not
owner occupied, for verification of smoke detector installation.
(e) (f) After investigating a fire in any dwelling described
in subsection (a) of this section, the local
investigating fire
authority shall issue to the owner a smoke detector installation
order in the absence of the required smoke detectors.
(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) 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) A violation of this section shall not constitute a
defense in any civil action or proceeding involving any insurance
policy.
(i) (h) 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 described in subsection
(a) of this section a greater duty with regard to the
installation, repair and replacement of the smoke detectors than
is required by this section.
NOTE: The purpose of this bill is to require landlords to
install smoke detector in rental property units.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.