FINAL BILL REPORT

                     EHB 1096

                                 C 154 L 91

                            Synopsis As Enacted

Brief Description:  Increasing the fine for failing to install smoke detectors.

By Representatives Winsley, Nelson, Ballard, Wineberry, Mitchell, Franklin, Leonard, Ogden, Riley, Roland, Jones and Sheldon.

House Committee on Housing

Senate Committee on Commerce & Labor

Background:  The State Fire Protection Law requires owners to install smoke detection devices inside all dwelling units that are occupied by persons other than the owner on and after December 31, 1981, or built or manufactured in Washington after December 31, 1980.  Tenants are responsible for the maintenance of the smoke detection devices in the dwelling unit.  Failure of the owner or the tenant to comply with these provisions will result in a fine of not more than fifty dollars.

The State Residential Landlord-Tenant Law requires the landlord to comply with city, county or state regulations.  This includes installing smoke detection devices and ensuring that they operate properly when a tenant moves into the dwelling unit.

Summary:  The State Fire Protection Law is amended to include the battery replacement where required for proper operation of the smoke detection device as part of the tenant's responsibility for maintaining the smoke detection device.  The fine for the owner's failure to install or the  tenant's failure to maintain the smoke detection device is increased from not more than $50 to not more than $200.

The State Landlord-Tenant Law is amended to require landlords to provide a written notice to the tenant stating that the dwelling is equipped with a smoke detection device.  The notice must inform the tenant of: 1) his or her responsibility to maintain the smoke detection device in proper operating condition; and 2) the fine for failure to comply with the law.  The notice must be signed by the landlord or the landlord's authorized agent and tenant with copies provided to both parties.

Under the State Landlord-Tenant Law, tenants are required to maintain the dwelling's smoke detection device in accordance with the manufacturer's recommendations, including the replacement of batteries where required for proper operation.

Votes on Final Passage:

House 92    0

Senate   48    0

Effective:     July 28, 1991