2003 - 2004 LEGISLATURE
March 2, 2004 - Introduced by Senator Wirch, cosponsored by Representatives
Berceau, Hines, Hahn, Gunderson and Young, by request of the Hekenberger
Family. Referred to Committee on Economic Development, Job Creation and
Housing.
SB520,1,3 1An Act to amend 101.145 (2); and to create 101.148 of the statutes; relating
2to:
the installation of carbon monoxide detectors in certain public buildings,
3granting rule-making authority, and providing a penalty.
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, rooming house, hotel, children's home, community-based
residential facility, or dormitory. The term does not include a hospital or 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 in certain locations within the
building. The bill requires the owner to maintain any carbon monoxide detector that
is located in the common area of a building occupied by tenants and requires an
occupant to maintain any carbon monoxide detector that is located inside the
occupant's dwelling unit. The bill allows occupants and municipal or state inspectors
to notify an owner of a defective carbon monoxide detector and requires the owner
to repair or replace the carbon monoxide detector within five days after receipt of the
notice.

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:
SB520, s. 1 1Section 1. 101.145 (2) of the statutes is amended to read:
SB520,2,32 101.145 (2) Approval. A smoke detector required under this section shall be
3approved by underwriters laboratory Underwriters Laboratories Inc.
SB520, s. 2 4Section 2. 101.148 of the statutes is created to read:
SB520,2,5 5101.148 Carbon monoxide detectors. (1) Definitions. In this section:
SB520,2,76 (a) "Carbon monoxide detector" means an electronic or battery operated device
7that sounds an alarm when an unsafe amount of carbon monoxide gas is in the air.
SB520,2,88 (b) "Residential building" has the meaning given in s. 101.145 (1) (a).
SB520,2,99 (c) "Sleeping area" has the meaning given in s. 101.145 (1) (b).
SB520,2,1110 (d) "Unit" means a part of a residential building that is occupied by one or more
11persons, to the exclusion of all others, as a home, residence, or sleeping place.
SB520,2,14 12(2) Installation requirements. (a) The owner of a residential building shall
13install a carbon monoxide detector in the following locations in the residential
14building:
SB520,2,1515 1. The basement.
SB520,2,1616 2. The head of any stairway on each floor level.
SB520,2,1817 3. The sleeping areas of each unit or elsewhere in the unit within 6 feet of each
18sleeping area.
SB520,2,2019 (b) A carbon monoxide detector installed under this subsection shall be
20approved by Underwriters Laboratories Inc. before installation.
SB520,3,3
1(c) The owner shall install every carbon monoxide detector required by this
2section according to the directions and specifications of the manufacturer of the
3carbon monoxide detector.
SB520,3,6 4(3) Maintenance requirements. (a) The owner of a residential building shall
5maintain any carbon monoxide detector that is located in a common area of the
6residential building.
SB520,3,87 (b) The occupant of a unit in a residential building shall maintain any carbon
8monoxide detector that is located in the unit.
SB520,3,149 (c) Notwithstanding pars. (a) and (b), an occupant of a unit in a residential
10building or a state, county, city, village, or town officer, agent, contractor, or employee
11with powers or duties involving inspection of real or personal property may give the
12owner of the residential building written notice that a carbon monoxide detector in
13the residential building is not functional. The owner shall repair or replace the
14nonfunctional carbon monoxide detector within 5 days after receipt of the notice.
SB520,3,16 15(4) Enforcement and penalty. (a) To ensure compliance with subs. (2) and (3),
16the department may, by rule, require the inspection of all of the following:
SB520,3,1717 1. The common area of a residential building.
SB520,3,1918 2. A unit within a residential building, at the request of the owner of the
19residential building or an occupant of the unit to be inspected.
SB520,3,2120 (b) Whoever violates sub. (2) or (3) shall forfeit not more than $50. Each
21violation and each day of violation constitutes a separate offense.
SB520, s. 3 22Section 3. Effective date.
SB520,3,2423 (1) This act takes effect on the first day of the 6th month beginning after
24publication.
SB520,3,2525 (End)
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