GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	2 

SENATE BILL 311*
Judiciary Committee Substitute Adopted 8/13/97

Short Title:  Smoke Detector Penalties.	(Public)

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Sponsors:

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Referred to:  Appropriations.

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March 5, 1997

A BILL TO BE ENTITLED
AN ACT TO CLARIFY A LANDLORD'S OBLIGATION TO INSTALL SMOKE DETECTORS, TO REQUIRE A TENANT TO NOTIFY A LANDLORD IN WRITING IF A SMOKE DETECTOR NEEDS TO BE REPLACED OR REPAIRED, TO IMPOSE A CIVIL PENALTY IF A LANDLORD FAILS TO PROVIDE, INSTALL, REPLACE, OR REPAIR A SMOKE DETECTOR IN A RESIDENTIAL RENTAL DWELLING, AND TO IMPOSE A CIVIL PENALTY IF A TENANT INTERFERES OR MAKES INOPERATIVE A SMOKE DETECTOR IN A RESIDENTIAL RENTAL DWELLING.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 42-42(a) reads as rewritten:
"(a)	The landlord shall:
(1)	Comply with the current applicable building and housing codes, whether enacted before or after October 1, 1977, to the extent required by the operation of such codes; no new requirement is imposed by this subdivision (a)(1) if a structure is exempt from a current building code.
(2)	Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
(3)	Keep all common areas of the premises in safe condition.
(4)	Maintain in good and safe working order and promptly repair all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied or required to be supplied by the landlord provided that notification of needed repairs is made to the landlord in writing by the tenant, except in emergency situations.
(5)	Provide operable smoke detectors, either battery-operated or electrical, having an Underwriters' Laboratories, Inc., listing or other equivalent national testing laboratory approval, and install the smoke detectors in accordance with either the standards of the National Fire Protection Association or the minimum protection designated in the manufacturer's instructions, which the landlord shall retain or provide as proof of compliance. The landlord shall replace or repair the smoke detectors within 15 days of receipt of notification if the landlord is notified of needed replacement or repairs in writing by the tenant. The landlord shall ensure that a smoke detector is operable and in good repair at the beginning of each tenancy.  Unless the landlord and the tenant have a written agreement to the contrary, the landlord shall place new batteries in a battery-operated smoke detector at the beginning of a tenancy and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered as negligence on the part of the tenant or the landlord."
Section 2.  G.S. 42-43(a) reads as rewritten:
"(a)	The tenant shall:
(1)	Keep that part of the premises that the tenant occupies and uses as clean and safe as the conditions of the premises permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the premises that the tenant uses.
(2)	Dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner.
(3)	Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
(4)	Not deliberately or negligently destroy, deface, damage, or remove any part of the premises, nor render inoperable the smoke detector provided by the landlord, or knowingly permit any person to do so.
(5)	Comply with any and all obligations imposed upon the tenant by current applicable building and housing codes.
(6)	Be responsible for all damage, defacement, or removal of any property inside a dwelling unit in the tenant's exclusive control unless the damage, defacement or removal was due to ordinary wear and tear, acts of the landlord or the landlord's agent, defective products supplied or repairs authorized by the landlord, acts of third parties not invitees of the tenant, or natural forces.
(7)	Notify the landlord, in writing, of the need for replacement of or repairs to a smoke detector. The landlord shall ensure that a smoke detector is operable and in good repair at the beginning of each tenancy.  Unless the landlord and the tenant have a written agreement to the contrary, the landlord shall place new batteries in a battery-operated smoke detector at the beginning of a tenancy and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered as negligence on the part of the tenant or the landlord."
Section 3.  G.S. 42-44 reads as rewritten:
"§ 42-44. General remedies, penalties, and limitations.
(a)	Any right or obligation declared by this Chapter is enforceable by civil action, in addition to other remedies of law and in equity.
(a1)	If a landlord fails to provide, install, replace, or repair a smoke detector under the provisions of G.S. 42-42(a)(5) within 30 days of having received written notice from the tenant or any agent of State or local government of the landlord's failure to do so, the landlord shall be responsible for an infraction and shall be subject to a fine of not more than two hundred fifty dollars ($250.00) for each violation.  The landlord may temporarily disconnect a smoke detector in a dwelling unit or common area for construction or rehabilitation activities, when such activities are likely to activate the smoke detector or make it inactive.
(a2)	If a smoke detector is disabled or damaged, other than through actions of the landlord, the landlord's agents, or acts of God, the tenant shall reimburse the landlord ten dollars ($10.00) for repairing or replacing the smoke detector within 30 days of having received written notice from the landlord or any agent of State or local government of the need for the tenant to make such reimbursement.  If the tenant fails to make reimbursement within 30 days, the tenant shall be responsible for an infraction and subject to a fine of not more than one hundred dollars ($100.00) for each violation.  The tenant may temporarily disconnect a smoke detector in a dwelling unit to replace the batteries or when it has been inadvertently activated.
(b)	Repealed by Session Laws 1979, c. 820, s. 8.
(c)	The tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so.
(d)	A violation of this Article shall not constitute negligence per se."
Section 4.  There is hereby appropriated to the Department of Insurance the sum of twenty thousand dollars ($20,000) for the 1997-98 fiscal year for the purchase of smoke detectors in conjunction with the North Carolina SAFE KIDS Coalition.
Section 5.  There is hereby appropriated to the Department of Environment, Health, and Natural Resources the sum of thirty thousand dollars ($30,000) for the 1997-98 fiscal year for the production of informational brochures, print announcements, and video public service announcements about the State smoke detector law and the importance of installing smoke detectors to protect life.
Section 6.  Section 3 of this act becomes effective December 1, 1997, and applies to offenses committed on or after that date.  Sections 4 and 5 of this act are effective July 1, 1997.  The remainder of this act becomes effective October 1, 1997.