AN ACT to require the installation and maintenance of fuel gas detectors in rooms containing an appliance fueled by propane, natural gas, or any liquIfied petroleum gas for certain residential buildings.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 42‑40 reads as rewritten:

§ 42‑40.  Definitions.

For the purpose of this Article, the following definitions shall apply:

(1)        Action includes recoupment, Action. – A recoupment, counterclaim, defense, setoff, and any other proceeding including an action for possession.

(1a)      Fuel gas detector. – A device that (i) has an assembly that incorporates a sensor and an alarm that detects elevations in propane, natural gas, or a liquified petroleum gas, (ii) sounds a warning alarm, (iii) is battery‑operated, plugged into an electrical outlet, or hardwired, and (iv) is approved by a nationally recognized independent testing laboratory.

(1b)      Landlord. – Any owner and any rental management company, rental agency, or any other person having the actual or apparent authority of an agent to perform the duties imposed by this Article.

(2)        Premises means a Premises. – A dwelling unit, including mobile homes or mobile home spaces, and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities normally held out for the use of residential tenants.

(3)        Landlord means any owner and any rental management company, rental agency, or any other person having the actual or apparent authority of an agent to perform the duties imposed by this Article.

(4)        Protected tenant means a tenant or household member who is a victim of domestic violence under Chapter 50B of the General Statutes or sexual assault or stalking under Chapter 14 of the General Statutes.

(3)        Protected tenant. – A tenant or household member who is a victim of domestic violence under Chapter 50B of the General Statutes or sexual assault or stalking under Chapter 14 of the General Statutes.

SECTION 2.  G.S. 42‑42 reads as rewritten:

§ 42‑42.  Landlord to provide fit premises.

(a)        The landlord shall:

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(7a)      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. The landlord who acquires the premises shall install fuel gas detectors within 30 days of acquisition if compliant fuel detectors are not already installed. At the beginning of each tenancy, the landlord shall ensure that each fuel gas detector is in working order. The landlord shall immediately replace or repair the fuel gas detector upon receipt of written notice of a deficiency with a fuel gas detector. 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.

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SECTION 3.  G.S. 42‑43(a) reads as rewritten:

§ 42‑43.  Tenant to maintain dwelling unit.

(a)        The tenant shall:

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(4)        Not deliberately or negligently destroy, deface, damage, or remove any part of the premises, nor render inoperable the smoke alarm or alarm, carbon monoxide alarm alarm, or fuel gas detector provided by the landlord, or knowingly permit any person to do so.

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(7)        Notify the landlord, in writing, of the need for replacement of or repairs to a smoke alarm or alarm, carbon monoxide alarm. alarm, or fuel gas detector. The landlord shall ensure that a smoke alarm and alarm, carbon monoxide alarm alarm, and fuel gas detector are operable and in good repair at the beginning of each tenancy. Unless the landlord and the tenant have a written agreement to the contrary, the landlord shall place new batteries in a battery‑operated smoke alarm and battery‑operated carbon monoxide alarm at the beginning of a tenancy and the tenant shall replace the batteries as needed during the tenancy, except where the smoke alarm is a tamper‑resistant, 10‑year lithium battery smoke alarm as required by G.S. 42‑42(a)(5a). Failure of the tenant to replace the batteries as needed shall not be considered as negligence on the part of the tenant or the landlord. A tenant shall 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. 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.

SECTION 4.  G.S. 42‑44 is amended by adding a new subsection to read:

(a3)    If the landlord fails to provide, install, replace, or repair a fuel gas detector under the provisions of this Article, the landlord shall be subject to a civil penalty. The clear proceeds of which shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.

(1)        For residential properties intended for single‑family use, a person is subject to a civil penalty in the following amounts:

a.         For a first offense or a subsequent offense committed more than 90 days after the previous offense, two hundred fifty dollars ($250.00).

b.         For a second offense committed within 90 days of an offense described in sub‑subdivision a. of this subdivision, five hundred dollars ($500.00).

c.         For a third or subsequent offense committed within 90 days of an offense described in sub‑subdivision a. of this subdivision, one thousand dollars ($1,000).

(2)        For buildings of multifamily use, a person is subject to a civil penalty in the following amounts:

a.         For a first offense or a subsequent offense committed more than 90 days after the previous offense, one thousand dollars ($1,000).

b.         For a second offense committed within 90 days of an offense described in sub‑subdivision a. of this subdivision, two thousand dollars ($2,000).

c.         For a third or subsequent offense committed within 90 days of an offense described in sub‑subdivision a. of this subdivision, five thousand dollars ($5,000).

(3)        The State Fire Marshal may (i) assess a civil penalty for each violation as specified in this part and (ii) waive a civil penalty against a violator upon satisfactory proof that the violation was corrected within 10 days after the issuance of a complaint of violation.

SECTION 5.  G.S. 42‑51(a) reads as rewritten:

§ 42‑51.  Permitted uses of the deposit.

(a)        Security deposits for residential dwelling units shall be permitted only for the following:

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(2)        Damage to the premises, including damage to or destruction of smoke alarms or alarms, carbon monoxide alarms.alarms, or fuel gas detectors.

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SECTION 6.  G.S. 143‑138 is amended by adding a new subsection to read:

(b23)  Fuel Gas Detectors. – The Code shall 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 (i) all multifamily residential buildings and (ii) all single‑family residential properties.

For purposes of this subsection, a fuel gas detector is a device that (i) has an assembly that incorporates a sensor and an alarm that detects elevations in propane, natural gas, or a liquified petroleum gas, (ii) sounds a warning alarm, (iii) is battery‑operated, plugged into an electrical outlet, or hardwired, and (iv) is approved by a nationally recognized independent testing laboratory. Violations of this subsection and rules adopted pursuant to this subsection shall be punishable in accordance with subsection (h) of this section and G.S. 143‑139.

SECTION 7.  This act is effective when it becomes law.