An Act To Protect Maine Residents from Home Fires and Carbon Monoxide
Maine Legislature, Session 124, LD 0550
Committee Amendment CA_A_S98 (Senate)
Amends: 25 MRSA §2464

COMMITTEE AMENDMENT" A "to S.P. 212, L.D. 550, Bill, "An Act To Protect 
Maine Residents from Home Fires and Carbon Monoxide" 
Amend the bill in section 1 in subsection 2 in the first paragraph in the 3rd line (page 
1, line 6 in L.D.) by striking out the following: "existing" 
Amend the bill in section 1 in subsection 2 in the 2nd paragraph in the 2nd line (page 
1, line 13 in L.D.) by striking out the following: "must be of the photoelectric-only type 
and" 
Amend the bill in section 3 in subsection 9 in paragraph A in the 2nd line (page 1, 
line 28 in L.D.) by inserting after the following: 
"notification" the following: '...In 
writiIig,' 
Amend the bill in section 3 in subsection 9 in paragraph B in the 2nd line (page 1, 
line 35 in L.D.) by striking out the following: "if possible," 
Amend the bill in section 3 in subsection 9 in paragraph B in the 3rd line (page 1, line 
in L.D.) by striking out the following: ", if possible," and "permanently" 
Amend the bill by striking out all of section 4 (page 1, line 38 and page 2, lines 1 to 
0 in L.D.) and inserting the following: 
'Sec. 4. 25 MRSA §2464, sub-§10 is enacted to read: 
10. Transfer of dwelling. A person who, after October 31,2009, acquires by sale or 
exchange a single-family dwelling or a multiapartment building shall certify at the 
closing of the transaction that the dwelling or multiapartment building is provided with 
smoke detectors in accordance with this section. This certification must be signed and 
dated by the purchaser. 
A person may not have a claim for relief against a property owner, a propeJiy purchaser, 
an authorized agent of a property owner or purchaser, a person in possession of real 
property or a smoke detector installer for any damages resulting from the proper 
operation, maintenance or effectiveness of a smoke detector. 
Violation of this subsection does not create a defect in title.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
"to S.P. 212, L.D. 550 
Amend the bill in section 5 in §2468 by striking out all of subsection 1 (page 2, lines 
to 16 in L.D.) and inserting the following: 
. 'I. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "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 and is approved or listed for the 
purpose by a nationally recognized independent testing laboratory. 
B. "Electrical service" means powered by a battery and either a device plugged into 
an electrical outlet or hardwired.' 
Amend the bill in section 5 in §2468 in subsection 2 in the 3rd line (page 3, line 19 in 
L.D.) by striking out the following: "upon or near the ceiling or floor" 
Amend the bill in section 5 in §2468 in subsection 2 in the last blocked paragraph in 
the last line (page 2, line 26 in L.D.) by striking out the following: "and by battery" 
Amend the bill in section 5 in §2468 by striking out all of subsection 3 (page 2, lines 
to 30 in L.D.) 
Amend the bill in section 5 in §2468 in subsection 5 in the 2nd line (page 3, line 2 in 
L.D.) by striking out the following: "upon or near the ceiling or floor" 
Amend the bill in section 5 in §2468 in subsection 5 in the last line (page 3, line 4 in 
L.D.) by striking out the following: lIand by battery" 
Amend the bill in section 5 in §2468 in subsection 6 in paragraph A in the 3rd line 
(page 3, line 9 in L.D.) by inserting after the following: IInotification ll the following: ',in 
writing,' 
Amend the bill in section 5 in §2468 in subsection 6 in paragraph B in the 2nd line 
(page 3, line 16 in L.D.) by striking out the following: lIif possible," 
Amend the bill in section 5 in §2468 in subsection 6 in paragraph B in the 3rd line 
(page 3, line 17 in L.D.) by striking out the following: ", if possible," 
Amend the bill in section 5 in §2468 in subsection 6 in paragraph B in the last line 
(page 3, line 18 in L.D.) by striking out the following: "permanently" 
Amend the bill in section 5 in §2468by striking out all of subsection 7 (page 3, lines 
to 29 in L.D.) and inserting the following: 
'7. Transfer of dwelling. A person who, after October 31, 2009, acquires by sale or 
exchange a single-family dwelling or a multiapartment building shall certifY at the 
closing of the transaction that the dwelling or muItiapartment building is provided with 
carbon monoxide detectors in accordance with this section. This certification must be 
signed and dated by the purchaser. 
A person may not have a claim for relief against a property owner, a property purchaser, 
an authorized agent of a property owner or purchaser, a person in possession of real 
property or a carbon monoxide detector installer for any damages resulting from the 
proper operation, maintenance or effectiveness of a carbon monoxide detector. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A." to S.P. 212, L.D. 550 
Violation of this subsection does not create a defect in title.' 
Amend the bill in section 5 in §2468 in subsection 10 in the 2nd line (page 3, line 41 
in L.D.) by striking out the following: 
"subsection 6" and inserting the following: 
'subsection 5' 
Amend the bill in section 5 in §2468 by renumbering the subsections to read 
consecutively. 
Amend the bill by inserting after section 5 the following: 
'Sec. 6. Transfer funds from Department of Public Safety, Office of the 
State Fire Marshal. The Commissioner of Public Safety shall transfer $100,000 from 
the Department of Public Safety, Office of the State Fire Marshal for the purpose of 
purchasing carbon monoxide detectors for distribution through the Maine State Housing 
Authority, community action agencies, local fire departments, associations representing 
realtors and any other organizations that could be used to promote the placement of 
carbon monoxide detectors in homes. Only organizations that are willing and have the 
ability to properly install these detectors are eligible to participate in this program. 
Purchase of carbon monoxide detectors may not be made, or a contract executed, without 
the approval of the Director of the Bureau of General Services within the Department of 
Administrative and Financial Services. 
Sec. 7. Plan for substantial compliance. The DepaI1ment of Public Safety, 
Office of the State Fire Marshal shall develop a plan to determine standards for 
substantial compliance and education programs to achieve substantial compliance with 
the Maine Revised Statutes, Title 25, section 2468. This plan must include a public 
awareness and educational campaign that involves the print media and postings on the 
Office of the State Fire Marshal publicly accessible website. The office shall make every 
attempt to have its website linked with other organizations and agencies that have an 
interest in public safety. The office, working with other agencies, television or radio, 
shall develop public service announcements to educate the general public of the dangers 
of carbon monoxide and provide public awareness of the action of the Legislature to 
address this issue. 
Sec. 8. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
Fire Marshal- Office of 0327 
Initiative: Provides one-time funding for the purchase of carbon monoxide detectors and 
educational materials. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2009-10 
$115,938 
$115,938 
COMMITTEE AMENDMENT 
2010-11 
$0 
$0 
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COMMITTEE AMENDMENT 'A "to S.P. 212, L.D. 550 
SUMMARY 
This amendment makes the following changes to the bill. 
I. It clarifies that smoke detectors are required in all single-family dwellings rather 
than in existing single-family dwellings. 
2. 
It removes the requirement for smoke detectors in multifamily or newly 
constructed single-family buildings to be the photoelectric type and only requires smoke 
detectors to be powered by both electricity and battery. 
3. It requires tenants to notifY landlords in writing that a smoke detector or carbon 
monoxide detector is not working. 
4. It clarifies that tenants shall keep smoke detectors and carbon monoxide detectors 
in working order, test them periodically and refrain from disabling them. 
5. It requires the buyer of a single-family dwelling or multiapartment building, rather 
than the seller, to certifY at closing that the building is provided with smoke detectors and 
carbon monoxide detectors. 
6. It clarifies that carbon monoxide detectors must be powered by electricity and 
battery and clarifies that electrical service means powered by a battery and either a device 
plugged into an electrical outlet or hardwired. 
7. It removes the requirement that carbon monoxide detectors must be on or near the 
ceiling or floor in each area and requires them only near or in bedrooms. 
8. It removes the section requiring carbon monoxide detectors to be in cOlTidors or 
hallways of multiapartment buildings more than 3 stories in height because they are 
required in every apartment of a multiapartment building. 
9. It requires the Department of Public Safety, Office of the State Fire Marshal to 
spend $100,000 to purchase carbon monoxide detectors to be distributed to organizations 
that promote the placement of carbon monoxide detectors in homes and have the ability 
to install them. 
10. 
It requires the Office of the State Fire Marshal to develop standards for 
substantial compliance and a plan for an education program to achieve substanthi.I 
compliance with the Maine Revised Statutes, Title 25, section 2468. 
II. It adds an appropriations and allocations section to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 04124/09 frac:.. 
LD550 
LR 176(02) 
An Act To Protect Maine Residents from Home Fires and Carbon Monoxide 
Fiscal Note for Bill as Amended by Committee Amendment 'A " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Projections 
2011-12 
Projections 
2012-13 
Appropriations/Allocations 
Other Special Revenue Funds 
$115,938 
$0 
$0 
$0 
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',-,,/ Correctional and Judicial Impact Statements 
Increases the number of civil violations, 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
The bill includes a one-time Other Special Revenue Funds allocation of $115,938 in fiscal year 2009-10 to the 
Department of Public Safety. $100,000 of this allocation wiIl be used to purchase carbon monoxide detectors, and the 
remaining $15,938 will be used to conduct a public awareness and educational campaign. 
Additional costs to the Maine State Housing Authority can be absorbed within existing budgeted resources. 
LR0176(02) - Fiscal Note - Page 1 of 1