An Act Regarding the Use of Propane and Natural Gas Detectors”
Maine Legislature, Session 129, LD 1962
Committee Amendment CA_A_H828 (House)
Amends: 25 MRSA §2469

COMMITTEE AMENDMENT “      ” to H.P. 1406, L.D. 1962, Bill, “An Act 
Regarding the Use of Propane and Natural Gas Detectors”
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  25 MRSA §2469 is enacted to read:
§2469.  Fuel gas detectors
1.  Fuel gas detector.  As used in this section, unless the context otherwise indicates, 
"fuel gas detector" means:
A.  A device with an assembly that incorporates a sensor control component and an 
alarm notification that detects elevations in propane, natural gas or any liquified 
petroleum gas;
B.  That sounds a warning alarm; and
C.  That is approved or listed for the purpose specified in paragraph B by a nationally 
recognized independent testing laboratory.
A fuel gas detector may be battery operated, plugged into an electrical outlet or 
hardwired.
2.  Fuel gas detector required.  An owner shall install, or cause to be installed, in 
accordance with the manufacturer's requirements at least one approved fuel gas detector 
in every room containing an appliance fueled by propane, natural gas or any liquified 
petroleum gas in:
A.  Each unit in any building of multifamily occupancy;
B.  A fraternity house, sorority house or dormitory that is affiliated with an 
educational facility;
Date: 
(Filing No. H-          )
COMMITTEE AMENDMENT “      ” to H.P. 1406, L.D. 1962
COMMITTEE AMENDMENT
C.  A children's home, emergency children's shelter, children's residential care 
facility, shelter for homeless children or specialized children's home as defined in 
Title 22, section 8101, subsections 1, 2, 4, 4-A and 5, respectively; or 
D.  A hotel, motel or inn.
3.  Residential rental units.  In a residential rental 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 fuel gas detectors in 
accordance with subsection 2 if fuel gas detectors are not already present. Each fuel 
gas detector must be in working condition. After notification, in writing, by the tenant 
of any deficiencies with a fuel gas detector, the landlord shall repair or replace the 
fuel gas detector. If the landlord did not know and had not been notified of the need 
to repair or replace a fuel gas detector, the landlord's failure to repair or replace the 
fuel gas detector may not be considered evidence of negligence in a subsequent civil 
action arising from death, property loss or personal injury; and
B.  The tenant shall keep the fuel gas detectors in working condition by keeping the 
fuel gas detectors connected to the electrical service in the building or keeping 
charged batteries in battery operated fuel gas detectors, by testing the fuel gas 
detectors periodically and by refraining from disabling the fuel gas detectors.
4.  Transfer of building.  A person who, after January 1, 2021, acquires by sale or 
exchange a building listed in subsection 2, paragraph A shall install fuel gas detectors in 
accordance with subsection 2 in the acquired building within 30 days of acquisition or 
occupancy of the building, whichever is later, if fuel gas detectors in accordance with 
subsection 2 are not already present, and shall certify at the closing of the transaction that 
fuel gas detectors will be installed. This certification must be signed and dated by the 
person acquiring the building. A fuel gas detector must be installed in accordance with 
the manufacturer's requirements at the time of installation in each area containing an 
appliance fueled by propane, natural gas or liquified petroleum gas.  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, a closing agent 
or a lender for any damages resulting from the operation, maintenance or effectiveness of 
a fuel gas detector.  Violation of this subsection does not create a defect in title.
5.  Penalties.  A person who violates this section commits a civil violation for which 
a fine of not more than $500 for each violation may be adjudged. The court may waive 
any penalty or cost against a violator upon satisfactory proof that the violation was 
corrected within 10 days of the issuance of a complaint.
6.  Liability.  Nothing in this section gives rise to any action against an owner 
required to comply with subsection 2 or 3 if the owner has conducted an inspection of the 
required fuel gas detectors immediately after installation and has reinspected the fuel gas 
detectors prior to occupancy by each new tenant, unless the owner has been given at least 
hours' actual notice of a defect or failure of the fuel gas detector to operate properly 
and has failed to take action to correct the defect or failure.
7.  Noninterference.  A person may not knowingly interfere with or make 
inoperative any fuel gas detector required by this section, except that the owner or the 
agent of an owner of a building may temporarily disconnect a fuel gas detector in a 
COMMITTEE AMENDMENT “      ” to H.P. 1406, L.D. 1962
COMMITTEE AMENDMENT
dwelling unit or common area only for construction or rehabilitation activities when such 
activities are likely to activate the fuel gas detector or make it inactive. The fuel gas 
detector must be immediately reconnected at the cessation of construction or 
rehabilitation activities each day, regardless of the intent to return to construction or 
rehabilitation activities on succeeding days.
Sec. 2.  Effective date.  This Act takes effect January 1, 2021.' 
SUMMARY
This amendment strikes the bill, which is a concept draft.  The amendment requires 
the installation of fuel gas detectors to detect propane, natural gas and liquified petroleum 
gas.  The requirement applies to owners of: multifamily occupancy buildings; fraternity 
houses, sorority houses and dormitories that are affiliated with educational facilities; 
children's homes, emergency children's shelters, children's residential care facilities, 
shelters for homeless children and specialized children's homes; and hotels, motels and 
inns.  The amendment is modeled on the laws applicable to those same buildings or 
facilities with regard to smoke detectors and carbon monoxide detectors.  The amendment 
provides an effective date of January 1, 2021.
Approved: 07/28/20
LD 1962
LR 2834(02)
Correctional and Judicial Impact Statements
Fiscal Detail and Notes
Minor cost increase - University of Maine System
Minor cost increase - General Fund
Minor revenue increase - General Fund
Minor revenue increase - Other Special Revenue Funds
Additional costs to the University of Maine System to implement the requirements of this legislation can be absorbed 
within existing budgeted resources.
An Act Regarding the Use of Propane and Natural Gas Detectors
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Criminal Justice and Public Safety
Fiscal Note Required: Yes
Fiscal Note
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time.
The collection of additional fine and/or fee revenue will increase General Fund and dedicated revenue by minor 
amounts.
LR2834(02) - Fiscal Note - Page 1 of 1