Bill Summaries: S 711 FUEL GAS DETECTOR ACT.

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  • Summary date: Apr 10 2023 - View Summary

    Amends GS 42-40 (definitions provision of State landlord/tenant law) to add definition of fuel gas detector. Makes technical and organizational changes.  Amends GS 42-42 (fit premises) to require residential landlords to install a minimum of one operable fuel gas detector in every room of the premises containing an appliance fueled by propane, natural gas, or a liquified petroleum gas. Requires a landlord who acquires the premises to install fuel gas detectors within 30 days of acquisition if compliant fuel detectors are not already installed. At the beginning of each tenancy, specifies that the landlord must ensure that each fuel gas detector is in working order. The landlord must immediately replace or repair the fuel gas detector upon receipt of written notice of a deficiency with a fuel gas detector. Specifies that if the landlord does not have actual knowledge or has not been notified in writing of the need to repair or replace a fuel gas detector, then the landlord's failure to repair or replace the fuel gas detector must not be considered evidence of negligence in a subsequent civil action arising from death, property loss, or personal injury. Amends GS 42-43 (pertaining to tenant’s responsibility to maintain dwelling units) to include fuel gas detectors to the list of things a tenant cannot destroy or must notify a landlord if there is a need for replacement or repairs. Additionally, specifies that a tenant must keep each fuel gas detector within the tenant's unit in working condition by keeping the fuel gas detector connected to the electrical service in the building or keeping charged batteries in a battery-operated fuel gas detector, testing the fuel gas detector periodically, and refraining from disabling the fuel gas detector. Specifies that a person does not have a claim for relief against a property owner, a property purchaser, an authorized agent of a property owner or purchaser, a person in possession of real property, a closing agent, or a lender for damages resulting from the operation, maintenance, or effectiveness of a fuel gas detector installed in accordance with this Article. Provides for civil penalties in GS 42-44 ranging from $250 to $5,000 imposed by the State Fire Marshal. Authorizes the State Fire Marshal to waive a civil penalty upon satisfactory proof that the violation was corrected within 10 days after the issuance of a complaint of violation. Amends GS 42-51 (pertaining to security deposits) to authorize use of the deposit for damaged fuel gas detectors. Amends GS 143-138 (the State building code) to require the code to contain provisions requiring a building owner to install, in accordance with a fuel gas detector's manufacturer requirements, at least one fuel gas detector in every room containing an appliance fueled by propane, natural gas, or a liquified petroleum gas in (1) all multifamily residential buildings and (2) all single-family residential properties.