HB 351: "An Act relating to the devices, including carbon monoxide detection devices, required in dwellings; and providing for an effective date."
00 HOUSE BILL NO. 351 01 "An Act relating to the devices, including carbon monoxide detection devices, required 02 in dwellings; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 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 devices shall be of a 08 type and installed in a manner approved by the state fire marshal. 09 * Sec. 2. AS 18.70.095(b) is amended to read: 10 (b) In a dwelling unit occupied under the terms of a rental agreement or under 11 a month-to-month tenancy, 12 (1) at the time of each occupancy, the landlord shall provide smoke 13 detection devices and, if the dwelling unit is a qualifying dwelling unit, carbon 14 monoxide detection devices; the devices must be in working condition, and, after
01 notification by the tenant, the landlord shall be responsible for replacement; and 02 (2) the tenant shall keep the devices in working condition by keeping 03 charged batteries in battery-operated devices, if possible, by testing the devices 04 periodically, if possible, and by refraining from permanently disabling the devices. 05 * Sec. 3. AS 18.70.095(c) is amended to read: 06 (c) If a landlord did not know and had not been notified of the need to repair 07 or replace a smoke detection device or a carbon monoxide detection device, the 08 landlord's failure to repair or replace the device may not be considered as evidence of 09 negligence in a subsequent civil action arising from death, property loss, or personal 10 injury. 11 * Sec. 4. AS 18.70.095(d) is repealed and reenacted to read: 12 (d) In this section, 13 (1) "dwelling unit" has the meaning given in AS 34.03.360; 14 (2) "landlord" has the meaning given in AS 34.03.360; 15 (3) "qualifying dwelling unit" means a dwelling unit that 16 (A) contains or is serviced by a gas-fueled appliance or device, 17 by an oil-fueled appliance or device, or by a wood stove; or 18 (B) has an attached garage; 19 (4) "rental agreement" has the meaning given in AS 34.03.360; 20 (5) "tenant" has the meaning given in AS 34.03.360. 21 * Sec. 5. AS 34.03.100(a) is amended to read: 22 (a) The landlord shall 23 (1) make all repairs and do whatever is necessary to put and keep the 24 premises in a fit and habitable condition; 25 (2) keep all common areas of the premises in a clean and safe 26 condition; 27 (3) maintain in good and safe working order and condition all 28 electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other 29 facilities and appliances, including elevators, supplied or required to be supplied by 30 the landlord; 31 (4) provide and maintain appropriate receptacles and conveniences for
01 the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of 02 the dwelling unit and arrange for their removal; 03 (5) supply running water and reasonable amounts of hot water and heat 04 at all times, insofar as energy conditions permit, except where the building that 05 includes the dwelling unit is so constructed that heat or hot water is generated by an 06 installation within the exclusive control of the tenant and supplied by a direct public 07 utility connection; 08 (6) if requested by the tenant, provide and maintain locks and furnish 09 keys reasonably adequate to ensure safety to the tenant's person and property; and 10 (7) provide smoke detection devices and carbon monoxide detection 11 devices as required under AS 18.70.095. 12 * Sec. 6. AS 34.03.120(a) is amended to read: 13 (a) The tenant 14 (1) shall keep that part of the premises occupied and used by the tenant 15 as clean and safe as the condition of the premises permit; 16 (2) shall dispose all ashes, rubbish, garbage, and other waste from the 17 dwelling unit in a clean and safe manner; 18 (3) shall keep all plumbing fixtures in the dwelling unit or used by the 19 tenant as clean as their condition permits; 20 (4) shall use in a reasonable manner all electrical, plumbing, sanitary, 21 heating, ventilating, air-conditioning, kitchen, and other facilities and appliances 22 including elevators in the premises; 23 (5) may not deliberately or negligently destroy, deface, damage, 24 impair, or remove a part of the premises or knowingly permit any person to do so; 25 (6) may not unreasonably disturb, or permit others on the premises 26 with the tenant's consent to unreasonably disturb, a neighbor's peaceful enjoyment of 27 the premises; 28 (7) shall maintain smoke detection devices and carbon monoxide 29 detection devices as required under AS 18.70.095; 30 (8) may not, except in an emergency when the landlord cannot be 31 contacted after reasonable effort to do so, change the locks on doors of the premises
01 without first securing the written agreement of the landlord and, immediately after 02 changing the locks, providing the landlord a set of keys to all doors for which locks 03 have been changed; in an emergency, the tenant may change the locks and shall, 04 within five days, provide the landlord a set of keys to all doors for which locks have 05 been changed and written notice of the change; and 06 (9) may not unreasonably engage in conduct, or permit others on the 07 premises to engage in conduct, that results in the imposition of a fee under a municipal 08 ordinance adopted under AS 29.35.125. 09 * Sec. 7. This Act takes effect January 1, 2005.