An Act Shielding Fire Departments That Install Smoke and Carbon Monoxide Detectors from Liability
Maine Legislature, Session 130, LD 1254
Committee: Judiciary
Sponsors: PEBWORTH, GRAMLICH, GROHOSKI, MADIGAN, MILLETT, WILLIAMS, BAILEY, CARNEY
Amends: 14 MRSA §173

Legislative Document
No. 1254
H.P. 920
House of Representatives, March 26, 2021
An Act Shielding Fire Departments That Install Smoke and Carbon 
Monoxide Detectors from Liability
Received by the Clerk of the House on March 24, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative PEBWORTH of Blue Hill.
Cosponsored by Representatives: GRAMLICH of Old Orchard Beach, GROHOSKI of 
Ellsworth, MADIGAN of Waterville, McDONALD of Stonington, MILLETT of Cape 
Elizabeth, WILLIAMS of Bar Harbor, Senators: BAILEY of York, CARNEY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA §173 is enacted to read:
§173.  Installation of smoke and carbon monoxide detectors by fire departments
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Device" means a battery-operated or plug-in smoke detector, carbon monoxide 
detector or combination smoke and carbon monoxide detector.
B.  "Fire department" means the State Fire Marshal, a municipal fire department as 
defined in Title 30-A, section 3151, subsection 1, a volunteer fire association as defined 
in Title 30-A, section 3151, subsection 3 or a fire district under Title 30-A, chapter 
164.
2.  Immunity.  Notwithstanding any provision of any public or private and special law 
to the contrary, a fire department or an employee or member of a fire department that 
delivers to or installs at residential premises a device or batteries for a device is not liable 
for damages for personal injury, wrongful death, property damage or other loss related to 
the device if:
A.  The device is installed by the fire department and the device is new and meets all 
applicable current safety and manufacturing standards;
B.  The device or the batteries in the device are installed by the fire department and the 
installation is performed in accordance with the manufacturer's instructions; and
C.  The installation or delivery is performed in the fire department's official capacity.
For purposes of this subsection, "installation" does not include the alteration or installation 
of electrical wiring.
3.  Records.  A fire department that installs or delivers a device or batteries for a device 
under this section shall keep a record of the installation or delivery for a period of 5 years 
after the installation or delivery.
4.  Application.  This section does not limit or otherwise affect an obligation or duty 
of an owner or occupier of residential premises receiving an installation or delivery of a 
device or batteries for a device under this section.
SUMMARY
This bill provides immunity from liability to a fire department in the residential 
installation or delivery of a smoke or carbon monoxide detector or batteries for a smoke or 
carbon monoxide detector if the installation or delivery is performed in the fire department's 
official capacity.