Download this document in MS Word format


AutoFill Template

S.101

AN ACT RELATING TO REQUIRING CARBON MONOXIDE DETECTORS IN HOUSING

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  9 V.S.A. chapter 77 is amended to read:

CHAPTER 77.  SMOKE DETECTORS AND

CARBON MONOXIDE DETECTORS

§ 2881.  DEFINITIONS

For the purpose of this chapter:

(1)  “Single-family dwelling” means any building or structure in which a family, families, or households reside which that contains sleeping facilities and is not otherwise classified as a “public building” as defined in section subsection 251a(a) of Title 21 or as a “condominium” or “multiple unit dwelling” as defined in section subsection 251(d) of Title 21.

(2)  “Smoke detector” means a device which that detects visible or invisible particles of combustion and sounds a warning alarm and which, is operated from a power supply, within the unit or wired to it from an outside source, and which is approved or listed for the purpose by Underwriters Laboratory or by another nationally recognized independent testing laboratory.

(3)  “Carbon monoxide detector” means a device with an assembly that incorporates a sensor control component and an alarm notification that detects elevations in carbon monoxide levels and sounds a warning alarm, is operated from a power supply within the unit or wired to it from an outside source, and is approved or listed for the purpose by Underwriters Laboratory or by another nationally recognized independent testing laboratory.

§ 2882.  INSTALLATION

(a)  A person who constructs a single-family dwelling on or after January 1, 1994, shall install one or more smoke detectors and one or more carbon monoxide detectors in the sleeping areas of the dwelling in accordance with the manufacturer’s instructions.  In a dwelling provided with electrical power, the smoke detector or detectors shall be powered by the electrical service in the building and by battery.

(b)  On and after July 1, 1994, a A single-family dwelling transferred by sale or exchange shall contain one or more smoke detectors and one or more carbon monoxide detectors powered by the electrical service in the building or by battery or by a combination of both, and installed in accordance with the manufacturer’s instructions.

(c)  Nothing in this section shall require an owner or occupant of a single-family dwelling to maintain or use a smoke detector after installation.

§ 2883.  REQUIREMENTS FOR TRANSFER OF DWELLING

(a)  On and after July 1, 1994, the transferor The seller of a single-family dwelling, whether the transfer be by sale or exchange, shall certify to the buyer at the closing of the transaction that the dwelling is provided with one or more smoke detectors and one or more carbon monoxide detectors in accordance with this chapter.  This certification shall be signed and dated by the seller.

(b)  If the transferee buyer notifies the transferor seller within ten days by certified mail from the date of conveyance of the dwelling that the dwelling lacks a smoke detector or a carbon monoxide detector or that a smoke detector either detector is not operable, the transferor seller shall comply with this chapter within ten days after notification.

* * *

Sec. 2.  20 V.S.A. § 2729 is amended to read:

§ 2729.  GENERAL PROVISIONS

(a)  A person shall not build or cause to be built any structure which that is unsafe or likely to be unsafe to other persons or property in case of fire or the failure of a heating, cooking, or engine system exhaust.

(b)  A person shall not maintain, keep, or operate any premises or any part thereof, or cause or permit to be maintained, kept, or operated, any premises or part thereof, under his or her control or ownership in a manner which that causes or is likely to cause harm to other persons or property in case of fire or failure of a heating, cooking, or engine system exhaust.

(c)  On premises under a person’s control, that person shall observe rules adopted under this subchapter for the prevention of fires which and the failure of a heating, cooking, or engine system exhaust that may cause harm to other persons or property.

(d)  Any condominium or multiple unit dwelling using a common roof, or row houses so-called, or other residential buildings in which people sleep, including hotels, motels, and tourist homes, whether any the units are owned or, leased or rented, shall be subject to the rules adopted under this subchapter and shall be provided with one or more carbon monoxide detectors, as defined in 9 V.S.A. § 2881(3), properly installed according to the manufacturer’s requirements.

Sec. 3.  EFFECTIVE DATE; TRANSITIONAL PROVISIONS

(a)  This act shall take effect on July 1, 2005.

(b)  Compliance with Sec. 2 of this act:

(1)  Relating to buildings in which people sleep, shall take effect on October 1, 2005.

(2)  Relating to public commercial buildings in which people do not sleep, shall take effect on November 1, 2006.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us