Enrolled HB 351: Relating to the devices, including carbon monoxide detection devices, required in dwellings; and providing for an effective date.
00Enrolled HB 351 01 Relating to the devices, including carbon monoxide detection devices, required in dwellings; 02 and providing for an effective date. 03 _______________ 04 * Section 1. AS 18.70.095(a) is amended to read: 05 (a) Smoke detection devices shall be installed and maintained in all dwelling 06 units in the state, and carbon monoxide detection devices shall be installed and 07 maintained in all qualifying dwelling units in the state. The smoke detection 08 devices must [SHALL] be of a type and shall be installed in a manner approved by 09 the state fire marshal. The carbon monoxide detection devices must have an alarm 10 and shall be installed and maintained according to manufacturers' 11 recommendations. 12 * Sec. 2. AS 18.70.095(b) is amended to read: 13 (b) In a dwelling unit occupied under the terms of a rental agreement or under 14 a month-to-month tenancy,
01 (1) at the time of each occupancy, the landlord shall provide smoke 02 detection devices and, if the dwelling unit is a qualifying dwelling unit, carbon 03 monoxide detection devices; the devices must be in working condition, and, after 04 notification of any deficiencies by the tenant, the landlord shall be responsible for 05 repair or replacement; and 06 (2) the tenant shall keep the devices in working condition by keeping 07 charged batteries in battery-operated devices, if possible, by testing the devices 08 periodically, if possible, and by refraining from permanently disabling the devices. 09 * Sec. 3. AS 18.70.095(c) is amended to read: 10 (c) If a landlord did not know and had not been notified of the need to repair 11 or replace a smoke detection device or a carbon monoxide detection device, the 12 landlord's failure to repair or replace the device may not be considered as evidence of 13 negligence in a subsequent civil action arising from death, property loss, or personal 14 injury. 15 * Sec. 4. AS 18.70.095(d) is repealed and reenacted to read: 16 (d) In this section, 17 (1) "dwelling unit" has the meaning given in AS 34.03.360; 18 (2) "landlord" has the meaning given in AS 34.03.360; 19 (3) "qualifying dwelling unit" means a dwelling unit that 20 (A) contains or is serviced by a carbon-based-fueled appliance 21 or device that produces by-products of combustion; 22 (B) has an attached garage or carport; or 23 (C) is adjacent to a parking space; 24 (4) "rental agreement" has the meaning given in AS 34.03.360; 25 (5) "tenant" has the meaning given in AS 34.03.360. 26 * Sec. 5. AS 18.70.100(a) is amended to read: 27 (a) Except as provided in (c) of this section, a [A] person who violates a 28 provision of AS 18.70.010 - 18.70.100 or a regulation adopted under those sections, or 29 who fails to comply with an order issued under AS 18.70.010 - 18.70.100, is guilty of 30 a class B misdemeanor. When not otherwise specified, each 10 days that the violation 31 or noncompliance continues is a separate offense.
01 * Sec. 6. AS 18.70.100 is amended by adding a new subsection to read: 02 (c) A person who violates AS 18.70.095, as that section relates to carbon 03 monoxide detection devices, is guilty of a violation. In this subsection, "violation" has 04 the meaning given in AS 11.81.900. 05 * Sec. 7. AS 34.03.100(a) is amended to read: 06 (a) The landlord shall 07 (1) make all repairs and do whatever is necessary to put and keep the 08 premises in a fit and habitable condition; 09 (2) keep all common areas of the premises in a clean and safe 10 condition; 11 (3) maintain in good and safe working order and condition all 12 electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other 13 facilities and appliances, including elevators, supplied or required to be supplied by 14 the landlord; 15 (4) provide and maintain appropriate receptacles and conveniences for 16 the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of 17 the dwelling unit and arrange for their removal; 18 (5) supply running water and reasonable amounts of hot water and heat 19 at all times, insofar as energy conditions permit, except where the building that 20 includes the dwelling unit is so constructed that heat or hot water is generated by an 21 installation within the exclusive control of the tenant and supplied by a direct public 22 utility connection; 23 (6) if requested by the tenant, provide and maintain locks and furnish 24 keys reasonably adequate to ensure safety to the tenant's person and property; and 25 (7) provide smoke detection devices and carbon monoxide detection 26 devices as required under AS 18.70.095. 27 * Sec. 8. AS 34.03.120(a) is amended to read: 28 (a) The tenant 29 (1) shall keep that part of the premises occupied and used by the tenant 30 as clean and safe as the condition of the premises permit; 31 (2) shall dispose all ashes, rubbish, garbage, and other waste from the
01 dwelling unit in a clean and safe manner; 02 (3) shall keep all plumbing fixtures in the dwelling unit or used by the 03 tenant as clean as their condition permits; 04 (4) shall use in a reasonable manner all electrical, plumbing, sanitary, 05 heating, ventilating, air-conditioning, kitchen, and other facilities and appliances 06 including elevators in the premises; 07 (5) may not deliberately or negligently destroy, deface, damage, 08 impair, or remove a part of the premises or knowingly permit any person to do so; 09 (6) may not unreasonably disturb, or permit others on the premises 10 with the tenant's consent to unreasonably disturb, a neighbor's peaceful enjoyment of 11 the premises; 12 (7) shall maintain smoke detection devices and carbon monoxide 13 detection devices as required under AS 18.70.095; 14 (8) may not, except in an emergency when the landlord cannot be 15 contacted after reasonable effort to do so, change the locks on doors of the premises 16 without first securing the written agreement of the landlord and, immediately after 17 changing the locks, providing the landlord a set of keys to all doors for which locks 18 have been changed; in an emergency, the tenant may change the locks and shall, 19 within five days, provide the landlord a set of keys to all doors for which locks have 20 been changed and written notice of the change; and 21 (9) may not unreasonably engage in conduct, or permit others on the 22 premises to engage in conduct, that results in the imposition of a fee under a municipal 23 ordinance adopted under AS 29.35.125. 24 * Sec. 9. This Act takes effect January 1, 2005.