An Act To
Maine Legislature, Session 124, LD 1497
Committee Amendment CA_A_S377 (Senate)
Amends: 25 MRSA §2464, 25 MRSA §2468

COMMITTEE AMENDMENT" A" to S.P. 575, L.D. 1497, Bill, "An Act To 
Amend the Law Peliaining to Smoke Detectors and Carbon Monoxide Detectors" 
Amend the bill by striking out all of section 2 and inseliing the following: 
'Sec. 2. 25 MRS A §2464, sub-§2-A is enacted to read: 
2-A. Smo)(:e detectors required. The owner shall properly install, or cause to be 
properly installed, in accordance with the manufacturer's requirements at the time of 
installation, smoke detectors in: 
A. A single-family dwelling the construction of which is completed after JanualY 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 tu a single-family dwelling completed after September 
19,1985. 
A smoke detector installed or replaced, after the effective date of this subsection, within 
feet of a kitchen or of a bathroom containing a tub or shower must be a photoelectric-
type smoke detector except that ionization detectors are permitted within the bedrooms 
even if the bedroom is within 20 feet of a kitchen or bathroom containing a tub or 
shower.' 
Amend the bill by striking out all of section 5 and inseliing the following: 
'Sec. 5. 
MRSA §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 multiapaliment building shall install smoke 
detectors in the acquired dwelling within 30 days of acquisition, if smoke detectors are 
Page I -124LR2417(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S,P, 575, L.D. 1497 
, not already present, and shall certify at the closing of the transaction that the dwelling or 
multiapartment building is provided with smoke detectors in accordance with this section 
the purchaser will make the proper installation. This celiification must be signed and 
dated by the purchaser. The smoke detectors must be installed in accordance with the 
manufacturer's requirements at the time of installation. The smoke detectors must be 
powered by the electrical service in the building or 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 
property or a smoke detector installer, a closing agent or a lender for any damages 
resulting from the ~ 
operation, maintenance or effectiveness of a smoke detector. 
Violation of this subsection does not create a defect in title.' 
' 
Amend the bill by striking out all of sections 9 and 10 and inserting the following: 
'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 shall provide carbon monoxide 
detectors if carbon monoxide detectors 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 shall 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 
backed up by batteries, by testing the carbon monoxide detectors periodically and by 
refraining from disabling the carbon monoxide detectors. 
Sec. 10. 25 MRS A §2468, sub-§6, as enacted by PL 2009, c. 162, §5, is amended 
to read: 
6. T,'ansfer of dwelling. A person who, after October 31, 2009, acquires by sale or 
exchange a: single-family dwelling or a multiapaliment building shall install carbon 
monoxide detectors in the acquired dwelling within 30 days of acquisition, if carbon 
monoxide detectors are not already present, and shall certify at the closing of the 
transaction that the dwelling or multiapartment building is provided "."ith carbon 
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monmdde detectors in accordance with this section purchaser will make the proper 
installation. This certification must be signed and dated by the purchaser. The carbon 
monoxide detectors must be installed in accordance with the manufacturer's requirements 
at the time of installation 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. 
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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A ,. to S.P. 575, L.D. 1497 
property or a carbon monoxide detector installer, a closing agent or a lender for any 
damages resulting from the f*6j3ef operation, maintenance or effectiveness of a carbon 
monoxide detector. 
Violation of this subsection does not create a defect in title.' 
SUMMARY 
This amendment makes the following changes to the bill. 
I. It removes the requirement for smoke detectors and carbon monoxide detectors to 
be installed in accordance with the National Electric Code and clarifies that they must be 
installed according to the manufacturer's requirements at the tim~ of installation. 
2. It clarifies that smoke detectors installed or replaced after the effective date of the 
II 
bill within 20 feet of a kitchen or bathroom with a tub or shower must be of a 
photoelectric type, except that ionization detectors are permitted in bedrooms even if the 
bedroom is within 20 feet of a kitchen or bathroom with a tub or shower. 
3. 
[t requires a buyer of a single-family dwelling or multiapartment building to 
certify at closing that the buyer will install smoke detectors and carbon monoxide 
detectors within 30 days of acquisition rather than on the day of closing. 
4. 
It removes smoke detector installers and carbon monoxide detector installers 
from protection from liability from damages resulting from the operation ofthe detectors. 
5. 
[t includes closing agents and lenders in the list of people exempt from claims for 
relief resulting from the operation of smoke detectors or carbon monoxide detectors. 
6. It clarifies that claims for relief are for damages from the operation, niaintenance 
or effectiveness of smoke detectors and carbon monoxide detectors, not only the proper 
operation, maintenance or effectiveness. 
7. 
It removes the exemption for hotels, motels, inns or bed and breakfasts from the 
requirement for rental units to have carbon monoxide detectors. This would allow the 
DepaJiment of Public Safety, Office of the State Fire Marshal the ability to require carbon 
monoxide detectors in these facilities through rulemaking. 
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FISCAL .\OTE REQLIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/18/1 0 frac 
LD 1497 
LR 2417(02) 
An Act To Amend the Law Pertaining to Smoke Detectors and Carbon Monoxide Detectors 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
,r'. ... \ , 
2009-10 
2010-11 
Projections 
2011-12 
Projections 
2012-13 
Appropriations/Allocations 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$0 
$115,000 
$0 
$0 
This bill includes a one-time Other Special Revenue Funds allocation to the Department of Public Safety of$115,000 
in fiscal year 2010-11 for the purchase of carbon monoxide detectors and educational materials. 
LR2417(02) - Fiscal Note - Page 1 of 1 
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