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1997 SESSION

973674114
HOUSE BILL NO. 2703
Offered January 20, 1997
A BILL to amend and reenact §§ 15.1-29.9 and 36-99.5:1 of the Code of Virginia, relating to smoke detectors.
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Patrons-- Armstrong; Senator: Reynolds
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Referred to Committee on General Laws
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Be it enacted by the General Assembly of Virginia:

1. That §§ 15.1-29.9 and 36-99.5:1 of the Code of Virginia are amended and reenacted as follows:

§ 15.1-29.9. Smoke detectors in certain buildings.

A. The governing body of any county, city, or town, notwithstanding any contrary provision of law, general or special, may require by ordinance that smoke detectors be installed in the following structures or buildings: (i) any building containing one or more dwelling units, (ii) any hotel or motel regularly used, offered for, or intended to be used to provide overnight sleeping accommodations for one or more persons, and (iii) rooming houses regularly used, offered for, or intended to be used to provide overnight sleeping accommodations. Smoke detectors installed pursuant to this section shall be installed in conformance with the provisions of the Uniform Statewide Building Code. The ordinance shall allow the type of smoke detector to be either battery operated or AC powered units. Such ordinance shall require that the owner of any unit which is rented or leased, at the beginning of each tenancy and at least annually thereafter, shall furnish the tenant with a certificate that all required smoke detectors are present, have been inspected, and are in good working order. Except for smoke detectors located in hallways, stairwells, and other public or common areas of multifamily buildings, interim testing, repair, and maintenance of smoke detectors in rented or leased units shall be the responsibility of the tenant; however, the owner shall be obligated to service, repair, or replace any malfunctioning smoke detectors within five days of receipt of written notice from the tenant that such smoke detector is in need of service, repair, or replacement.

B. Notwithstanding the provisions of subsection A of this section, beginning July 1, 1999, smoke detectors which are AC-powered with battery backup shall be installed in all existing structures which are classified as Use Group R-2 under the Uniform Statewide Building Code. Such smoke detectors shall be installed in the following locations within each such structure:

1. The immediate vicinity of the bedrooms;

2. Each bedroom; and

3. Each story within a dwelling unit, including basements.

Nothing in this subsection shall be deemed to invalidate any ordinance adopted by any county, city or town under subsection A prior to July 1, 1999.

§ 36-99.5:1. Smoke detectors in adult care residences, adult day care centers, nursing homes and facilities, and residential multi-family rental properties.

A. Battery- or AC-powered smoke detector devices shall be installed in all adult care residences and adult day care centers licensed by the Department of Social Services, regardless of when the building was constructed. The location and installation of the smoke detectors shall be determined by the Uniform Statewide Building Code.

The licensee shall obtain a certificate of compliance from the building official of the locality in which the residence or center is located, or in the case of state-owned buildings, from the Department of General Services.

The licensee shall maintain the smoke detector devices in good working order.

B. The Board of Housing and Community Development shall promulgate regulations in accordance with the Administrative Process Act (§ 9-6.14:1 et seq.) establishing standards for requiring smoke detectors in nursing homes and nursing facilities. All nursing homes and nursing facilities which are already equipped with sprinkler systems shall comply with these regulations.

C. Notwithstanding the provisions of subsections A and B of this section, beginning July 1, 1999, smoke detectors which are AC-powered with battery backup shall be installed in adult care residences, adult day-care centers, nursing homes, nursing facilities, and residential multi-family rental properties. Such smoke detectors shall be installed in the following locations within each such structure:

1. The immediate vicinity of the bedrooms;

2. Each bedroom; and

3. Each story within a dwelling unit, including basements.