An Act Requiring the Use of Propane and Natural Gas Detectors
Maine Legislature, Session 130, LD 0346
Committee: Criminal Justice and Public Safety
Sponsors: RECKITT
Amends: 25 MRSA §2469

Legislative Document
No. 346
H.P. 244
House of Representatives, February 8, 2021
An Act Requiring the Use of Propane and Natural Gas Detectors
Received by the Clerk of the House on February 4, 2021.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative RECKITT of South Portland.
Be it enacted by the People of the State of Maine as follows:
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 device:
A.  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.  The building 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;
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 in 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, 2022, 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 24 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 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, 2022.
SUMMARY
This bill 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 bill is modeled on the laws applicable to those same 
buildings or facilities with regard to smoke detectors and carbon monoxide detectors.  The 
bill provides an effective date of January 1, 2022.