The Senate Committee on Rules and Legislative Procedure, to which was referred Senate Bill No. 211, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning public safety.
Delete everything after the enacting clause and insert the following:
SECTION 1. IC 12-17.2-3.5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. A provider shall have:
(1) working smoke detectors that meet the standards adopted by rule for smoke detectors in licensed child care homes;
(2) a carbon monoxide detection system that complies with IC 22-11-18.5; and
(2) (3) hot and cold running water;
in the area of the facility where the provider operates a child care program.
SOURCE: IC 12-17.2-5-6.5; (11)PD4339.2. --> SECTION 2. IC 12-17.2-5-6.5, AS AMENDED BY P.L.145-2006, SECTION 101, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6.5. (a) To qualify for a license to operate a class II child care home under this chapter, a person must do the following:
(1) Provide all child care services on the first story of the child care home unless the class II child care home meets the exceptions to the first story requirements contained in the Indiana building code adopted by the fire prevention and building safety commission in effect at the time the class II child care home provider applies for licensure.
(2) Provide a smoke detection system that is:
distinct sound; and
(2) is listed by a nationally recognized, independent, nonprofit product safety testing certification laboratory as conforming to the most current Underwriters Laboratories Standards or its equivalent.
Sec. 2. As used in this chapter, "commission" has the meaning set forth in IC 22-12-1-6.
Sec. 3. As used in this chapter, "dwelling" means an area for living or sleeping by individuals. The term includes hotels and motels (as defined in IC 22-11-18-1).
Sec. 4. As used in this chapter, "landlord" has the meaning set forth in IC 32-31-3-3.
Sec. 5. As used in this chapter, "rental unit" has the meaning set forth in IC 32-31-3-8.
Sec. 6. As used in this chapter, "tenant" has the meaning set forth in IC 32-31-3-10.
Sec. 7. (a) Beginning July 1, 2012, a dwelling must have at least one (1) carbon monoxide detector installed if the dwelling:
(1) contains a source of, or equipment capable of producing, carbon monoxide; or
(2) has an attached garage.
(b) A carbon monoxide detector must be installed as follows:
(1) According to the manufacturer's instructions.
(2) Not more than ten (10) feet from each sleeping area and must be audible to the occupants of the sleeping area.
(3) In accordance with the most current rules adopted by the commission.
(c) If the dwelling has a centralized alarm system, a carbon monoxide detector may be installed not more than twenty-five (25) feet from a source of, or equipment capable of producing, carbon monoxide. The carbon monoxide detector must provide an audible signal to the person that monitors the centralized alarm system.
Sec. 8. (a) A landlord shall:
(1) provide and install a carbon monoxide detector in accordance with section 9 of this chapter;
(2) ensure that all carbon monoxide detectors are functional at the time a new tenant occupies a dwelling; and
(3) replace and repair a carbon monoxide detector within seven (7) working days after receiving written notice of a malfunctioning device.
(b) A tenant shall:
(1) replace batteries if needed and maintain all carbon monoxide detectors in good repair;
(2) test every six (6) months all carbon monoxide detectors to ensure that they remain functional;
(3) not obstruct, tamper with, or remove a carbon monoxide detector except for maintenance purposes; and
(4) notify the landlord in writing of a malfunctioning carbon monoxide detector.
Sec. 9. (a) Except as provided in subsections (b) and (c), a
person who violates this chapter commits a Class D infraction.
(b) A landlord who violates section 8(a) of this chapter commits a Class B infraction. The offense is a Class A infraction if the landlord has been found by a court to have committed a prior unrelated violation under this section.
(c) An owner of a hotel or motel who violates this chapter commits a Class A infraction. The offense is a Class D felony if:
(1) the owner knowingly or intentionally violates this chapter; and
(2) bodily injury or loss of life occurs as a result of the violation.
(d) A violation of this chapter does not constitute grounds for a reduction or denial of a claim under an insurance policy even if the policy contains terms to the contrary.
Sec. 10. A rule or an ordinance is not voided or limited by this chapter if the rule or ordinance:
(1) applies to occupied dwellings; and
(2) is at least as stringent as the requirements of this chapter.
SOURCE: IC 22-12-1-13; (11)PD4339.8. --> SECTION 8. IC 22-12-1-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13. "Fire safety law" means any building law, equipment law, or other law safeguarding life or property from the hazards of fire,
or explosion, or hydrocarbon
SOURCE: IC 22-13-2-5; (11)PD4339.9. --> SECTION 9. IC 22-13-2-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) The commission shall carry out a program to review the fire safety laws and the building laws adopted in the ordinances and other regulations of political subdivisions.
(b) An ordinance or other regulation adopted by a political subdivision that qualifies as a fire safety law or a building law is not effective until it is approved by the commission. However, an ordinance that:
(1) is adopted by a city, town, or county; and
(2) governs the installations, repair, and maintenance of smoke detectors and carbon monoxide detectors in residential structures that are not required to have smoke detectors and carbon monoxide detectors under the rules of the commission;
is effective without approval by the commission.
SOURCE: IC 22-13-3-3; (11)PD4339.10. --> SECTION 10. IC 22-13-3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. The commission shall adopt fire safety rules that prohibit the occupancy or use of Class 1 structures that do not comply with the commission's rules governing the number, type, location, identification, repair, and maintenance of emergency exits, smoke detection devices, and other emergency communication devices.
SOURCE: IC 32-31-5-7; (11)PD4339.11. --> SECTION 11. IC 32-31-5-7, AS ADDED BY P.L.17-2008, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) At the time a landlord delivers a rental unit to a tenant, the landlord shall require the tenant to acknowledge in writing that the rental unit is equipped with a functional smoke detector
and carbon monoxide detector.
(b) A landlord and a tenant may not waive, in a rental agreement or a separate writing, the requirements under IC 22-11-18-3.5 concerning smoke detectors and carbon monoxide detectors.
SOURCE: IC 32-31-7-5; (11)PD4339.12. --> SECTION 12. IC 32-31-7-5, AS AMENDED BY P.L.17-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. A tenant shall do the following:
(1) Comply with all obligations imposed primarily on a tenant by applicable provisions of health and housing codes.
(2) Keep the areas of the rental premises occupied or used by the tenant reasonably clean.
(3) Use the following in a reasonable manner:
(A) Electrical systems.
(C) Sanitary systems.
(D) Heating, ventilating, and air conditioning systems.
(E) Elevators, if provided.
(F) Facilities and appliances of the rental premises.
(4) Refrain from defacing, damaging, destroying, impairing, or removing any part of the rental premises.
(5) Comply with all reasonable rules and regulations in existence at the time a rental agreement is entered into. A tenant shall also comply with amended rules and regulations as provided in the rental agreement.
(6) Ensure that each smoke detector and carbon monoxide detector installed in the tenant's rental unit remains functional and is not disabled. If the smoke detector is battery operated, the tenant shall replace batteries in the smoke detector as necessary. If the smoke detector
is and carbon monoxide detector are
hard wired into the rental unit's electrical system, and the tenant
believes that the smoke detector is and carbon monoxide
detector are not functional, the tenant shall provide notice to the
landlord under IC 22-11-18-3.5(e)(2).
This section may not be construed to limit a landlord's obligations under this chapter or IC 32-31-8.
SOURCE: IC 36-8-17-3; (11)PD4339.13. --> SECTION 13. IC 36-8-17-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. As used in this chapter, "fire safety law" means any law, including rules and orders of the commission, safeguarding life or property from the hazards of fire,
or explosion, or hydrocarbon gases.
(Reference is to SB 211 as introduced.)
and when so amended that said bill be reassigned to the Senate Committee on Public Policy .