FINAL BILL REPORT

SSB 5561

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 313 L 09

Synopsis as Enacted

Brief Description: Requiring the building code council to adopt rules that require certain buildings to be equipped with carbon monoxide alarms.

Sponsors: Senate Committee on Labor, Commerce & Consumer Protection (originally sponsored by Senators Kline, Fairley and Kohl-Welles).

Senate Committee on Labor, Commerce & Consumer Protection

House Committee on Local Government & Housing

Background: Under the state fire protection statutes, all dwelling units occupied by persons other than the owner, or built after 1980, must be equipped with smoke detection devices. Installation of the device is the owner’s responsibility, and the owner is required to ensure that a device is operational after a vacancy. The tenant is responsible for maintaining the smoke detection device, including the replacement of batteries. Noncompliance by a landlord or a tenant is punishable by a fine of up to $200.

Under the state Residential Landlord-Tenant Act, the landlord is required to maintain the premises in a manner fit for human habitation. Included in this is the duty to provide written notice: (1) that the unit has a smoke detection device; (2) that the tenant is responsible for maintaining the device in proper operating condition; and (3) that there are penalties for noncompliance.

Summary: By July 1, 2010, the State Building Code Council must adopt rules requiring that residential occupancies, subject to specified exceptions, be equipped with carbon monoxide alarms. These rules must require that:

Owner-occupied single family residences legally occupied before the effective date of the act are exempt from rules adopted by the council requiring the installation of carbon monoxide alarms in residential occupancies. However, the seller of an owner-occupied single family residence must install carbon monoxide alarms in accordance with the requirements of the state building code prior to the buyer or any other person occupying the residence following such sale.

Residential tenants must maintain carbon monoxide alarms according to manufacturer specifications, including battery replacement.

Votes on Final Passage:

Senate

31

17

House

95

3

(House amended)

Senate

38

10

(Senate concurred)

Effective:

July 26, 2009