It is enacted by the General Assembly as follows:

SECTION 1. The title of Chapter 23-28.34 of the General Laws entitled "The Fire Detection Systems" is hereby amended to read as follows:

CHAPTER 23-28.34
Fire Detection Systems

SECTION 2. Sections 23-28.34-1, 23-28.34-2, 23-28.34-3, 23-28.34-4, and 23-28.34-6 of the General Laws in Chapter 23-28.34 entitled "Fire Detection Systems" are hereby amended to read as follows:

23-28.34-1. Fire detection systems required. -- Fire and carbon monoxide detection systems required. -- All buildings hereinafter constructed or converted for residential occupancy shall be equipped with a smoke detection system listed and/or approved by the underwriters laboratories, inc., or factory mutual, installed according to standards set forth below, except that the systems shall not be required in buildings or structures subject to the provisions of the general laws relative to the installation of automatic fire warning systems connected thereto.

Provided further that all buildings hereinafter constructed or converted for residential occupancy, said premises being equipped with gas utilities, shall also be equipped with a carbon monoxide detector system listed and/or approved by Underwriters Laboratories, Inc., Factory Mutual or some nationally recognized testing laboratory approved by the state fire marshal and installed according to the standards set forth below.

23-28.34-2. Minimum number of detectors. -- (a) A minimum of one approved smoke detector shall be located in the highest habitable level and on each floor, level, or story.

(b) For any floor, level, or story exceeding twelve hundred square feet (1200 sq. ft.) in area, one approved smoke detector shall be provided for each twelve hundred square feet (1200 sq. ft.) or portion thereof or as specified by the manufacturer for the particular device.

(c) A minimum of one approved carbon monoxide detector shall be installed in each dwelling.

23-28.34-3. Location of detectors. -- (a) Approved smoke detectors shall be located outside each separate sleeping area in the immediate vicinity of the bedrooms and on each additional story of the living unit including basements and cellars and excluding crawl spaces and uninhabitable attics. Bedrooms, or sleeping rooms, separated by other use areas, such as kitchens or living rooms, but not bathrooms, shall require a separate smoke detector. A carbon monoxide detector shall be located outside each separate sleeping area in the immediate vicinity of the bedrooms. Bedrooms, or sleeping rooms, separated by other use areas, such as kitchens or living rooms, but not bathrooms, shall require a separate carbon monoxide detector.

(b) In basements or cellars, smoke detectors shall be located within twenty-four inches (24") of the base of stairways with solid risers and treads and side enclosed from the top of the stairway to the basement floor in addition to any other detector requirements for that level.

(c) In basements or cellars with an open stairway, smoke detectors shall be located at the top of the stairway in addition to any other detector requirements for that level.

(d) All smoke detectors shall be mounted on the ceiling.

(e) All carbon monoxide detectors shall be mounted in accordance with manufacturer's specifications.

23-28.34-4. Power supply and wiring methods. -- (a) For all detection systems, a one-hundred and twenty (120) AC primary source of electric power with battery back-up shall be taken from a dependable light and power supply source. The wiring to each detector shall be taken from a branch lighting circuit serving a habitable area. The power source for the detectors shall be on the supply side ahead of any switches and not on circuits protected by a ground fault circuit interrupter.

(b) All required smoke detectors shall be provided with a visible intermittent or steady "power on" indicator and shall be inter-connected so that when one detector is actuated all detectors will sound and emit an audible signal having a minimum rating of eighty-five (85) dBA at ten (10) ft.

(c) All smoke detector systems shall be tested in accordance with the manufacturer's recommendation.

(d) Combination smoke/heat or fire/burglar systems meeting the requirements of section 23-28.34-3 and chapters 4 and 5 of N.F.P.A. standard 74, 1989 edition may be used.

(e) The appendices of N.F.P.A. 74, 1989 edition may be used for informational purposes only.

(f) All required carbon monoxide detectors shall be provided with a visible intermittent or steady "power on" indicator and will sound and emit an audible signal having a minimum rating of eighty-five (85) dBA at ten (10) feet.

23-28.34-6. Homeowners responsible. -- It shall be the responsibility of the homeowner to maintain in operable condition smoke and carbon monoxide detection systems, installed as required pursuant to this chapter.

SECTION 3. The title of Chapter 23-28.35 of the General Laws entitled "The Detection Systems" is hereby amended to read as follows:

CHAPTER 23-28.35
Fire Detection Systems in Existing Residential Occupancies

SECTION 4. Sections 23-28.35-1, 23-28.35-1.1, 23-28.35-1.2, 23-28.35-2, 23-28.35-3, 23-28.35-4, 23-28.35-5, 23-28.35-9, 23-28.35-13, and 23-28.35-15 of the General Laws in Chapter 23-28.35 entitled "Fire Detection Systems in Existing Residential Occupancies" are hereby amended to read as follows:

23-28.35-1. Installation of smoke detectors required. -- Installation of smoke and carbon monoxide detectors required. -- All occupied residential properties, including mobile homes, and all existing rooming houses constructed before June, 1976, and occupied existing apartment dwellings not required to have a fire alarm system in accordance with chapter 28.25 of this title shall, at the responsibility of the seller before title to the property is transferred as a result of a sale, or at the responsibility of the owner as the result of an inspection required by law or ordinance, be equipped with a smoke and carbon monoxide detector system listed and/or approved by Underwriters Laboratories Inc., Factory Mutual, or some other nationally recognized testing laboratory approved by the state fire marshal and installed according to the standards set forth below.

23-28.35-1.1. City and town authority to require smoke detectors City and town authority to require smoke and carbon monoxide detectors. -- Any city or town may by ordinance require that any building or structure occupied in whole or in part for residential purposes in the cities or towns, and not otherwise covered by sections 23-28.35-1 or 23-28.34-1, shall, within one year of acceptance, be equipped with smoke and carbon monoxide detectors listed and/or approved by underwriters laboratories, inc., factory mutual or some other nationally recognized testing laboratory approved by the state fire marshall and installed according to the standards set forth in this chapter.

23-28.35-1.2. Fees. -- The agency, bureau, department in any city, town, fire district, or other subdivision of municipal government that performs smoke and carbon monoxide detector inspections in all existing one, two (2), and three (3) family dwellings, and all existing apartment dwellings of less than eight (8) living units shall, at the time of inspection, be allowed to charge a twenty dollar ($20.00) fee for the inspection on any one, two (2), and three (3) family dwellings and all existing apartments of less than eight (8) living units. The responsibility of this charged fee will be borne by the seller on each occurrence before title to the property is transferred as a result of a sale. A twenty dollar ($20.00) fee will be allowed for any subsequent reinspection on the same one, two (2), and three (3) family dwellings, and all existing apartment units of less than eight (8) units, due to improper installation, wrong location, improper wiring method, or the seller's failure to maintain a mutually agreed upon appointment with the agency, bureau, or department that performs the inspection function. The fees collected by the agency, bureau, or department performing the inspections in any city, town, fire district, or other municipal subdivision shall be used for fire prevention purposes in that particular city, town, fire district, or other municipal subdivision.

23-28.35-2. Location of detectors. -- (a) An approved smoke and approved carbon monoxide detector shall be located in the access space immediately adjacent to bedrooms or sleeping rooms. Bedrooms, or sleeping rooms, separated by other use areas, such as kitchens or living rooms, but not bathrooms, shall require a separate smoke and a separate carbon monoxide detector. In those occupancies where bedrooms open directly into the kitchen, the smoke detector shall be located in the bedroom(s). ,and one (1) carbon monoxide detector in the kitchen, located in accordance with manufacturer's specifications in relation to fuel burning appliances.

(b) In basements or cellars, smoke detectors shall be located within twenty-four inches (24") of the base of stairways with solid risers and treads and side enclosed from the top of the stairway to the basement floor in addition to any other detector requirements for that level.

(c) In basements or cellars with an open stairway, smoke detectors shall be located at the top of the stairway in addition to any other detector requirements for that level.

(d) All smoke detectors shall be mounted on the ceiling at least twelve inches (12") from the wall or on the wall six inches (6") to twelve inches (12") from the ceiling. All carbon monoxide detectors shall be mounted in accordance with manufacturer's specifications.

23-28.35-3. Power supply and wiring methods. -- (a) For all smoke and carbon monoxide detection systems, an approved smoke and carbon monoxide detectors shall be a smoke and carbon monoxide detectors which may be activated by a battery power source, or which may be activated by being permanently wired to a 120 volt AC source of alternating current electric power with each detector taken from a branch circuit serving a habitable area, with no more than two (2) required smoke and carbon monoxide detectors on the same branch circuit and the power source for the detectors shall be on the supply side ahead of any switches, or a system meeting the requirements of chapter 28.34 of this title.

(b) All required detectors other than battery operated shall be provided with a visible intermittent or steady "power on" indicator; shall be interconnected so that when on, the detector is actuated, all detectors will sound and emit an audible signal with a minimum rating of eighty-five (85) dBA at ten feet (10'). In multiple units, with hard wire systems, all smoke detectors located in common areas will sound when any one detector is actuated. Apartment units shall have a single station smoke detector , unless more than one detector is required within that unit, and they shall be interconnected within that unit.

(c) All AC detectors shall not be installed on circuits protected by a ground fault circuit interrupter and shall be installed in a workmanlike manner and meeting the electrical requirements of the R.I. State Building Code, chapter 27.3 of this title.

(d) All detectors shall be tested in accordance with the manufacturer's recommendations.

(e) The seller shall obtain an electrical permit for the installation of a hard wire system, and shall supply to the buyer at the time of sale a copy of the approval inspection report.

(f) All carbon monoxide detectors shall be provided with a visible intermittent or steady "power on" indicator and will sound and emit an audible signal having a minimum rating of 85 dBA at ten (10) feet.

23-28.35-4. Inspection. -- At the time of the transfer of title, the seller must provide the purchaser with a certificate from the fire department for the community in which the dwelling is located stating that the smoke and carbon monoxide detector systems has have been inspected within sixty (60) days prior to the date of sale and has been determined to be in good working order. The fire department for the community in which the dwelling is located must inspect the smoke and carbon monoxide detector systems of the dwelling within ten (10) days of a request from the owner. The inspection may be conducted by qualified personnel of the department or the state fire marshal's office. No fire department nor the fire marshal shall be liable for any damage caused by the subsequent malfunction of a smoke detection system or carbon monoxide detector system which it inspected.

23-28.35-5. Maintenance responsibility. -- (a) Once a the smoke and carbon monoxide detection systems is are required within a dwelling pursuant to this chapter, it shall be the responsibility of the owner to maintain the smoke and carbon monoxide detection systems in an operable condition, and the owner shall make operable, within seven (7) days after being notified by certified mail by the occupant and/or enforcement official, any inoperable system.

(b) If the owner fails to make the system operable within the required seven (7) days, the tenant may cause the system to be made operable if the total reasonable cost of making the repairs does not exceed the sum of twenty dollars ($20.00), and the tenant may deduct from his or her rent the actual reasonable cost of repairs not to exceed twenty dollars ($20.00).

23-28.35-9. Title. -- This chapter shall be known as the smoke and carbon monoxide detector law.

23-28.35-13. Affidavit of compliance. -- The grantor in any instrument being recorded to transfer title to any real property located within the state of Rhode Island, shall:

(a) Contemporaneously with the recording of said instrument, record a copy of a smoke and carbon monoxide detector certificate dated not more than sixty (60) days prior to the date of said instrument (23-28.35-4), or

(b) Certify, in the instrument being recorded, or in a certificate to be recorded contemporaneously with said instrument, that either 23-28.35-1 has been complied with, or that compliance with said section is not required because the transfer is exempted in 23-28.35-14.

23-28.35-15. Contents of affidavit. -- An affidavit of all individuals signing instruments to transfer real property satisfies this chapter if it contains the following representations:

(a) The undersigned hereby certify that grantor has complied with the requirements of the smoke and carbon monoxide detector law, as evidenced by the copy of the smoke and carbon monoxide detector certificate attached hereto, or

(b) The undersigned hereby certify that the real property being conveyed by this instrument had working smoke and carbon monoxide detectors, as required by the smoke and carbon monoxide detector law, within fourteen (14) days of the date of this instrument, and an inspection pursuant to 23-28.35-4 has been requested, or

(c) The undersigned hereby certify that this transfer is exempt from the smoke and carbon monoxide detector law as provided in section 23-28.35-14.

SECTION 5. This act shall take effect on January 1, 2002.