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 9  AN ACT concerning buildings; creating a crime of failure to place or
10    maintain a smoke detector.
11
12  Be it enacted by the Legislature of the State of Kansas:
13    Section 1.  Sections 1 through 5 of this act shall be known and may
14  be cited as the smoke detector act.
15    Sec. 2.  When used in the this act:
16    (a)  ``Dwelling unit'' means a single-family residence, multiple-family
17  residence and each living unit in a mixed-use building, except that such
18  term does not include any structure which is subject to the federal, man-
19  ufactured home construction and safety standards established pursuant
20  to 42 U.S.C. &5403.
21    (b)  ``Smoke detector'' means a device or combination of devices
22  which operate from a power supply in the dwelling unit or at the point
23  of installation for the purpose of detecting visible or invisible particles of
24  combustion. Such term shall include smoke detectors approved or listed
25  for the purpose for which they are intended by an approved independent
26  testing laboratory as prescribed by the rules and regulations adopted by
27  the state fire marshal.
28    Sec. 3.  (a) Every single-family residence shall have at least one smoke
29  detector on every story of the dwelling unit.
30    (b)  Every structure which:
31    (1)  Contains more than one dwelling unit; or
32    (2)  contains at least one dwelling unit and is a mixed-use structure,
33  shall contain at least one smoke detector at the uppermost ceiling of each
34  interior stairwell and on every story in each dwelling unit.
35    (c)  It shall be the responsibility of the owner of a structure to supply
36  and install all required smoke detectors. The owners shall be responsible
37  for testing and maintaining all smoke detectors, except in rental units, the
38  tenant shall be responsible for testing and maintaining all smoke detectors
39  after taking possession of the dwelling unit.
40    (d)  The smoke detectors required in dwelling units in existence on
41  January 1, 1998, may either be battery-powered or wired into the struc-
42  ture's electrical power line, and need not be interconnected. The smoke
43  detectors required in dwelling units constructed after January 1, 1998,
HB 2488
                                     

 1  shall be wired permanently into the structure's electrical power line.
 2    (e)  Except for any inspection conducted prior to the issuance of an
 3  occupancy permit, officials responsible for the enforcement of the smoke
 4  detector act shall not enter a dwelling unit solely for the purpose of de-
 5  termining compliance with the provisions of the smoke detector act.
 6    (f)  Evidence of the failure of any property owner to provide an op-
 7  erational smoke detector in a residence as required by this section shall
 8  not be admissible in any action for the purpose of determining any aspect
 9  of damages.
10    Evidence of the failure of any occupant to properly maintain a smoke
11  detector as required by this section shall not be admissible in any action
12  for the purpose of determining any aspect of damages.
13    (g)  The state fire marshal may adopt all rules and regulations nec-
14  essary for the implementation of the provisions of the smoke detector
15  act.
16    (h)  The provisions of the smoke detector act shall not constitute
17  grounds for the purpose of offsetting, reducing or denying the payment
18  of amounts due under any contract for or policy of insurance.
19    Sec. 4.  Failure to place or maintain a smoke detector as provided by
20  the smoke detector act shall be a nonclass nonperson misdemeanor. Any
21  fine imposed for a violation of this section shall not exceed $25.
22    Sec. 5.  This law shall be in addition to any county resolution or city
23  ordinance relating to regulation of smoke detectors.
24    Sec. 6.  This act shall take effect and be in force from and after its
25  publication in the statute book.