An Act To Amend the Law Pertaining to Smoke Detectors and. Carbon Monoxide Detectors
Maine Legislature, Session 124, LD 1497
Committee: Criminal Justice and Public Safety
Sponsors: DIAMOND
Amends: 25 MRSA §2464, 25 MRSA §2468

SECOND REGULAR SJESSION-201~ 
Legislative Document 
No. 1497 
S.P.575 
In Senate, December 8, 2009 
An Act To Amend the Law Pertaining to Smoke Detectors and. 
Carbon Monoxide Detectors 
(EMERGENCy) 
Approved for introduction by a majority ofthe Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary ofthe Senate on December 8, 2009. Referred to the Committee 
on Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed. 
Presented by Senator DIAMOND of Cumberland. 
Printed on recycled paper 
9tS2{J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
"'
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Wh.ereas, smoke detectors and carbon monoxide detectors clearly save lives and 
property and widespread use must be promoted; and 
Wh.ereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 25 MRSA §2464, sub-§2, as repealed and replaced by PL 2009, c. 162, 
§ 1, is repealed. 
Sec. 2. 25 MRSA §2464, sub-§2-A is enacted to read: 
2-A. Smoke detectors required. The owner shall properly install, or cause to be 
properly installed, in accordance with the' National Electric Code and the manufacturer's 
requirements, smoke detectors upon or near the ceiling in areas within, or giving access 
to, bedrooms in: 
A. A single-family dwelling the construction of which is completed after January 1, 
1982; 
B. Each unit in a building of multifamily occupancy; 
C. An addition to or restoration of an existing single-family dwelling that adds at 
least one bedroom to the dwelling and the construction of which is completed after 
September 19, 1985; and 
D. A conversion of a building to a single-family dwelling completed after September' 
19, 1985. 
A smoke detector installed in a corridor within 20 feet of a kitchen or of a bathroom 
containing a tub or shower must be a photoelectric-type smoke detector. 
Sec. 3. 25 MRSA §2464, sub-§6, as amended by PL 2009, c. 162, §2, is further 
amended to read: 
6. 
Liability. Nothing in this section gives rise to any action against an owner 
required to comply with subsection 2- 2-A or subsection 9, paragraph A if the owner has 
conducted an inspection of the required smoke detectors immediately after installation 
and has reinspected the smoke detectors prior to occupancy by each new tenant, unless 
the owner has been given at least 24 hours' actual notice of a defect or failure of the 
smoke detector to operate properly and has failed to take action to correct the defect or 
failure. 
Sec. 4. 25 MRSA §2464, sub-§9, as enacted by PL 2009, c. 162, §3, is amended 
to read: 
Page I -124LR2417(Ol)-1 
) 
) 
) 
(\ 
( 
(,~ 
1 
9. 
Rental units. 
In an apartment a unit occupied under the tenns of a rental 
agreement or under a month-to-month tenancy: 
A. At the time of each occupancy, the landlord shall provide smoke detectors if they 
are not already present. The smoke detectors must be in working condition. After 
notification, in writing, of any deficiencies by the tenant, the landlord shall repair or 
replace the smoke detectors. If the landlord did not know and had not been notified 
of the need to repair or replace a smoke detector, the landlord's failure to repair or 
replace the smoke detector may not be considered as evidence of negligence in a 
subsequent civil action arising from death, property loss or personal injury; anti 
B. 
The tenant shall keep the smoke detectors in working condition by keeping 
charged batteries in battery operated the smoke detectors, by testing the smoke 
detectors periodically and by refraining from disabling the smoke detectors.; and 
C. The landlord may install 10-year sealed tamper-resistant battery-powered smoke 
detectors if the unit is a single-family dwelling. 
Sec. 5. 25 MRS A §2464, sub-§10, as enacted by PL 2009, c. 162, §4, is amended 
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 l;~rith this section. This certification must be signed and 
dated by the purchaser. The smoke detectors must be installed, in accordance with the 
National Electric Code and the manufacturer's requirements, upon or near the ceiling in 
areas within, or giving access to, bedrooms. The smoke detectors must be powered by 
the electrical service in the building, either by being hardwired or plugged into an 
electrical outlet, and by battery. 
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 
pi'operty 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. 
Sec. 6. 25 MRSA §2468, sub-§l, €jfB, as enacted by PL 2009, c. 162, §5, IS 
amended to read: 
B. "Electrical Powered by the electrical service" means pO'tYered by a battery and 
either a device plugged into an electrical outlet or hardwired. 
Sec. 7. 25 MRS A §2468, sub-§2, as enacted by PL 2009, c. 162, §5, is amended 
to read: 
2. Carbon monoxide detectors required. The owner shall install, or cause to be 
installed, by the manufacturer's requirements at least one approved carbon monoxide 
detector in each area within, or giving access to, bedrooms in: 
A. Each aoartment unit in any building of multifamily occupancy; 
B. Any addition to or restoration of an existing single-family dwelling that adds a1 
least one bedroom to the dwelling unit; and 
C. Any conversion of a building to a single-family dwelling. 
A carbon monoxide detector must be powered both by the electrical service in the 
building or dwelling and by battery. 
Sec. 8. 25 MRSA §2468, sub-§4, as enacted by PL 2009, c. 162, §5, is amended 
to read: 
4. New construction. A person who constructs a single-family dwelling shaH install 
at least one carbon'monoxide detector in each area within, or giving access to, any 
bedroom in the dwelling. The carbon monoxide detector must be powered both by the 
electrical service in the dweHing and by battery. 
Sec. 9. 25 MRSA §2468, sub-§5, as enacted by PL 2009, c. 162, §5, is amended 
to read: 
5. 
Rental units. 
In an apartment a unit occupied under the terms of a rental 
agreement or under a month-to-month tenancy: 
A. 
At the time of each occupancy, the landlord shaH provide carbon monoxide 
detectors if they are not already present. The carbon monoxide detectors must be in 
working condition. After notification, in writing, of any deficiencies by the tenant, 
the landlord shall repair or replace the carbon monoxide detectors. If the landlord did 
not know and had not been notified of the need to repair or replace a carbon 
monoxide detector,. the landlord's failure to repair or replace the carbon monoxide 
detector may not be considered as evidence of negligence in a subsequent civil action 
arising from death, property loss or personal injury; and 
B. The tenant shaH keep the carbon monoxide detectors in working condition by 
keeping the carbon monoxide detectors connected to the electrical service in the 
building, by keeping charged batteries in battery-operated carbon monoxide 
detectors, by testing the carbon monoxide detectors periodically and by refraining 
from disabling the carbon monoxide detectors. 
This subsection does not apply to a hotel, motel, inn or bed and breakfast licensed as an 
eating and lodging place under Title 22, chapter 562. 
Sec. 10. 25 MRS A §2468, sub-§6, as enacted by PL 2009, c. 162, §5, is amended 
to read: 
6. Transfer of dwelling. A person who, after October 31, 2009, acquires by sale or 
exchange a single-family dwelling or a multiapartment building shaH certify at the 
closing of the transaction that the dwelling or multiapartment building is provided with 
carbon monoxide detectors in accordance with this section. This certification must be 
signed and dated by the purchaser. The carbon monoxide detectors must be installed 
according to the manufacturer's requirements in each area within, or giving access to, 
bedrooms and must be powered both by the electrical service in the dwelling or building 
and by battery. 
) 
) 
) 
r 
\ 
~) 
,~' 
I 
I I 
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. 
Violation of this subsection does not create a defect in title. 
Sec. 11. PL 2009, c. 162, §6 is amended to read: 
Sec. 6. Transfer funds from Department of Public Safety, Office of the 
State Fire Marshal. The Commissioner of Public Safety sftaIt may transfer !!JL!Q 
$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. 12. 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 
$0 
$0 
2010-11 
$115,000 
$115,000 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill makes the following clarifications to the law governing smoke detectors and 
carbon monoxide detectors. 
I. Smoke detectors are required in each unit in a multifamily building and in any 
single-family dwelling built after January 1, 1982. Smoke detectors are also required in 
any single-family dwelling in which an addition adding a new bedroom is constructed, or 
in any dwelling that is converted to a single-family dwelling, after September 19, 1985. 
These dates reflect the effective dates of the original legislation requiring smoke 
detectors. 
2. Smoke detectors are required in all rental units rather than only rental apartments. 
3. 
Landlords may install 10-year sealed tamper-resistant battery-powered smoke 
detectors in rented single-family dwellings. 
4. Smoke detectors must be installed in rental units at the time of a new occupancy if 
they are not already present. 
5. Smoke detectors required upon transfer of a dwelling to a new owner may be 
powered by the electrical service, by battery or by both. 
6. Electrical service for carbon monoxide detectors is defined as either plugging the 
1 
device into an outlet or hard-wiring it. 
7. The buyer of any single-family dwelling or multifamily apartment building must 
install carbon monoxide detectors and certify that the buyer has done so. 
8. Carbon monoxide detectors in rental units, new construction and dwellings that 
are transferred to new owners are required to be powered by both electrical service and 
by battery. 
9. Carbon monoxide detectors are required in all rental units. At the time of new 
occupancy, the landlord must ensure that carbon monoxide detectors are present. 
10. Rental units requiring carbon monoxide detectors do not include hotels, motels, 
inns or bed and breakfast establishments licensed as eating and lodging places under the 
Maine Revised Statutes, Title 22, chapter 562. 
11. 
The Commissioner of Public Safety may transfer up to $100,000 from the 
Department of Public Safety, Office of the State Fire Marshal for the purpose of 
purchasing carbon monoxide detectors for distribution. This amends Public Law 2009, 
chapter 162, which required the transfer of $1 00,000 for this purpose. 
12. One-time funding of $115,000 is provided in fiscal year 2010-11 for the purpose 
of purchasing carbon monoxide detectors and educational materials. 
) 
) 
)