LRB-0931/2
RNK:wlj&jld:pg
2007 - 2008 LEGISLATURE
October 11, 2007 - Introduced by Senators Wirch and
Plale, cosponsored by
Representatives Kerkman, Berceau, A. Williams, Gunderson, A. Ott and
Hahn. Referred to Committee on Small Business, Emergency Preparedness,
Workforce Development, Technical Colleges and Consumer Protection.
SB289,1,4
1An Act to amend 101.145 (2); and
to create 101.149 and 254.74 (1) (am) of the
2statutes;
relating to: the installation of carbon monoxide detectors in certain
3buildings, providing an exemption from emergency rule procedures, granting
4rule-making authority, and providing penalties.
Analysis by the Legislative Reference Bureau
Current law requires the owner of a residential building to install smoke
detectors in specified locations within the building. A "residential building" is any
public building that is used for sleeping or lodging purposes. The term includes an
apartment building, a rooming house, a hotel, a children's home, a community-based
residential facility, or a dormitory. The term does not include a hospital or a nursing
home.
This bill creates a similar requirement concerning carbon monoxide detectors.
The bill generally directs an owner of a residential building to install an electronic
or battery-operated carbon monoxide detector, approved by an independent product
safety certification organization, in the basement of the building, within 15 feet of
each sleeping area, and in certain hallways and adjacent rooms. The requirement
does not apply under certain limited circumstances, including where the building
has no attached garage and no fuel-burning appliances. The bill also requires the
Department of Commerce (Commerce) to promulgate rules establishing a procedure
under which the owner of a residential building may apply for a waiver of the
requirement to install carbon monoxide detectors. The bill requires the owner to
maintain reasonably every carbon monoxide detector that is located in the building
but specifies that the owner is not liable for damages resulting from the failure of the
carbon monoxide detector to operate properly if someone other than the owner
tampered with, removed, or destroyed it. The bill allows occupants to notify an owner
of a defective or missing carbon monoxide detector and requires the owner to repair
or replace the carbon monoxide detector within five days after receipt of the notice.
The bill requires the Department of Health and Family Services (DHFS) to
promulgate rules requiring the annual inspection of sealed combustion units for
carbon monoxide emissions in hotels, tourist rooming houses, and bed and breakfast
establishments. It requires Commerce to promulgate rules requiring the annual
inspection of such units in other residential buildings.
The bill provides that if Commerce or DHFS discovers a violation upon
inspection of a building, the respective department must give the building owner an
opportunity to correct the violation before a penalty is imposed. If the owner does
not correct the violation, he or she is subject to a $50 forfeiture for each day of
violation occurring after the date on which the correction was required to be made.
The bill prohibits tampering with an installed carbon monoxide detector and
specifies that a person convicted of tampering is subject to a fine not to exceed
$10,000 or imprisonment for not more than nine months, or both, for a first offense
and is guilty of a Class I felony for a second or subsequent offense. The bill also
requires Commerce and DHFS to inspect sealed combustion units for carbon
monoxide emissions.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB289, s. 1
1Section
1. 101.145 (2) of the statutes is amended to read:
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101.145
(2) Approval. A smoke detector required under this section shall be
3approved by
underwriters laboratory Underwriters Laboratories, Inc.
SB289, s. 2
4Section
2. 101.149 of the statutes is created to read:
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5101.149 Carbon monoxide detectors. (1) Definitions. In this section:
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(a) "Carbon monoxide detector" means an electronic or battery-operated device
7that sounds an alarm when an unsafe level of carbon monoxide is in the air.
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1(b) "Residential building" has the meaning given in s. 101.145 (1) (a).
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(c) "Sleeping area" has the meaning given in s. 101.145 (1) (b).
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(d) "Unit" means a part of a residential building that is occupied by one or more
4persons as a home, residence, or sleeping place.
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5(2) Installation requirements. (a) Except as provided in par. (b), the owner
6of a residential building shall install a carbon monoxide detector in all of the
7following places not later than the date specified under par. (c):
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1. In the basement of the building if the basement has a fuel-burning
9appliance.
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2. Within 15 feet of each sleeping area of a unit that has a fuel-burning
11appliance.
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3. Within 15 feet of each sleeping area of a unit that is immediately adjacent
13to a unit that has a fuel-burning appliance.
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4. In each room that has a fuel-burning appliance and that is not used as a
15sleeping area. A carbon monoxide detector shall be installed under this subdivision
16not more than 75 feet from the fuel-burning appliance.
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5. In each hallway leading from a unit that has a fuel-burning appliance, in
18a location that is within 75 feet from the unit, except that, if there is no electrical
19outlet within this distance, the owner shall place the carbon monoxide detector at the
20closest available electrical outlet in the hallway.
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(b) If a unit is not part of a multiunit building, the owner of the residential
22building need not install more than one carbon monoxide detector in the unit.
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(c) 1. Except as provided under subd. 2., the owner of a residential building
24shall comply with the requirements of this subsection before the building is occupied.
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12. The owner of a residential building shall comply with the requirements of
2this subsection not later than the first day of the 18th month beginning after the
3effective date of this subdivision .... [revisor inserts date], if construction of the
4building was initiated before the effective date of this subdivision .... [revisor inserts
5date], or if the department approved the plans for the construction of the building
6under s. 101.12 before the effective date of this subdivision .... [revisor inserts date].
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(d) Any carbon monoxide detector that bears an Underwriters Laboratories,
8Inc., listing mark or similar mark from an independent product safety certification
9organization satisfies the requirements of this subsection.
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(e) The owner shall install every carbon monoxide detector required by this
11subsection according to the directions and specifications of the manufacturer of the
12carbon monoxide detector.
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13(3) Maintenance requirements. (a) The owner of a residential building shall
14reasonably maintain every carbon monoxide detector in the residential building in
15the manner specified in the instructions for the carbon monoxide detector.
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(b) An occupant of a unit in a residential building may give the owner of the
17residential building written notice that a carbon monoxide detector in the residential
18building is not functional or has been removed by a person other than the occupant.
19The owner of the residential building shall repair or replace the nonfunctional or
20missing carbon monoxide detector within 5 days after receipt of the notice.
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(c) The owner of a residential building is not liable for damages resulting from
22any of the following:
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1. A false alarm from a carbon monoxide detector if the carbon monoxide
24detector was reasonably maintained by the owner of the residential building.
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12. The failure of a carbon monoxide detector to operate properly if that failure
2was the result of tampering with, or removal or destruction of, the carbon monoxide
3detector by a person other than the owner or the result of a faulty detector that was
4reasonably maintained by the owner as required under par. (a).
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5(4) Tampering prohibited. No person may tamper with, remove, destroy,
6disconnect, or remove batteries from an installed carbon monoxide detector, except
7in the course of inspection, maintenance, or replacement of the detector.
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8(5) Exceptions. Subsections (2) and (3) do not apply to the owner of a
9residential building if the residential building does not have an attached garage and
10any of the following applies:
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(a) The residential building does not have any fuel-burning appliances.
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(b) All of the fuel-burning appliances in the residential building have sealed
13combustion units that are covered by the manufacturer's warranty against defects.
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(c) All of the fuel-burning appliances in the residential building have sealed
15combustion units that are inspected annually by the department or the department
16of health and family services as provided in the rules promulgated under sub. (6) (b)
17or s. 254.74 (1) (am).
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18(6) Rules. (a) The department shall promulgate rules establishing a procedure
19under which the owner of a residential building may apply to the department for a
20waiver of the requirements under sub. (2).
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(b) The department shall promulgate rules, in consultation with the
22department of health and family services, under which the department of commerce
23shall conduct annual inspections of sealed combustion units for carbon monoxide
24emissions in residential buildings other than hotels, tourist rooming houses, and bed
25and breakfast establishments. The rules shall specify conditions under which it may
1issue orders as specified under sub. (8) (a). The rules may not require the department
2of commerce to inspect sealed combustion units during the period in which the sealed
3fuel combustion units are covered by a manufacturer's warranty against defects.
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4(7) Inspection. To ensure compliance with subs. (2) and (3), the department,
5or a building inspector certified by the department, may inspect all of the following:
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(a) The common area of a residential building.
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(b) A unit within a residential building, at the request of the owner of the
8residential building or an occupant of the unit to be inspected.
