Connelly, Marjorie A.

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Roger Williams University Law ReviewVolume 7 | Issue 2 Article 29Spring 20022001 Survey of Rhode Island Law: Legislation:Public Health and Safety: An Act Relating to PublicHealth and Safety - Carbon Monoxide DetectorsMarjorie A. ConnellyRoger Williams University School of LawFollow this and additional works at: http://docs.rwu.edu/rwu_LRThis Survey of Rhode Island Law is brought to you for free and open access by the Journals at DOCS@RWU. It has been accepted for inclusion inRoger Williams University Law Review by an authorized administrator of DOCS@RWU. For more information, please contact mwu@rwu.edu.Recommended CitationConnelly, Marjorie A. (2002) "2001 Survey of Rhode Island Law: Legislation: Public Health and Safety: An Act Relating to PublicHealth and Safety - Carbon Monoxide Detectors," Roger Williams University Law Review: Vol. 7: Iss. 2, Article 29.Available at: http://docs.rwu.edu/rwu_LR/vol7/iss2/29594 ROGER WILLIAMS UNIVERSITY LAW REVIEW [Vol. 7:403Public Health and Safety. An Act Relating to Public Health andSafety - Carbon Monoxide Detectors. Fire and carbon monoxidedetections systems act. This act requires carbon monoxide detec-tors be located in the sleeping areas of each residence. EffectiveJanuary 1, 2002. 2001 R.I. Pub. Laws ch. 177.SUMMARYThis legislation (the Act) amends Title 23 of the Rhode IslandGeneral Laws, entitled "Health and Safety," by amending Chapter28.34, renamed "Fire and Carbon Monoxide Detection Systems"and Chapter 28.35, renamed "Fire Detectors and Carbon MonoxideSystems in Existing Residential Occupancies."'For both chapters, the Act provides that each residence musthave a carbon monoxide detector system that is listed by a nation-ally recognized testing laboratory, which has been approved by thefire marshal. 2 The rules for a new residence and an existing resi-dence are very similar. 3 One of the differences for new residencesprovided by the Act is that "all buildings hereinafter constructed orconverted for residential occupancy, those premises being equippedwith gas utilities, shall also be equipped with a carbon monoxidedetector system. . . ."4 This is not applicable for existing struc-tures. The law requires all residential buildings to have a carbonmonoxide detector.5 On January 16, 2002, the Senate introduced abill that would remove the language "those premises beingequipped with gas utilities".6 The Senate bill is proposed to be ef-fective on passage. 7 This would eliminate the major difference be-tween a new structure and an existing residence that existed.Once the bill passes, the newly constructed residential build-ings and the existing residential buildings must be equipped withcarbon monoxide detectors; a minimum of one in each building, lo-cated outside sleeping areas will be required.8 If a room other thana bathroom separates a sleeping area, then each sleeping area re-1. R.I. Gen. Laws §§ 23-28.34-1 et seq., 23-28.35-1 et seq. (2001).2. Id. §§ 23-28.34-1, 23-28.35-1.3. See id. §§ 23-28.34-1 to 23-28.35-15.4. Id. § 23-28.34-1 (emphasis added).5. Id. § 23-28.35-1.6. S.B. 2135 (SN) (R.I. 2001).7. Id.8. R.I. Gen. Laws §§ 23-28.34-3, 23-28.35-2.SURVEY SECTIONquires a separate detector. 9 Each carbon monoxide detector mustbe mounted in compliance with the manufacturer's specifications,meet specific power indicators and meet specific audio signals. 10Property cannot be transferred without meeting these require-ments; therefore, an existing structure may not be required to havea carbon monoxide detector until it is to be sold. 1 However, citiesand towns can require buildings not currently covered by thesechapters (i.e., those not currently for sale), to comply within oneyear.12 The city can designate the department that will performinspections for compliance.' 3 The seller is responsible for the feethat accompanies each inspection. 14 Once a carbon monoxide de-tector is required, the owner must ensure it remains in properworking order. 15Marjorie A. Connelly9. Id.10. Id. §§ 23-28.34-4, 23-28.35-3.11. Id. § 23-28.35-1.12. Id.13. Id. § 23-28.35-1.2.14. Id.15. Id. § 23-28.35-5.20021

2001 Survey of Rhode Island Law: Legislation: Public Health and Safety: An Act Relating to Public Health and Safety - Carbon Monoxide Detectors

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2001 Survey of Rhode Island Law: Legislation: Public Health and Safety: An Act Relating to Public Health and Safety - Carbon Monoxide Detectors

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