HB-5341, As Passed Senate, December 10, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5341

     A bill to amend 1972 PA 230, entitled

"Stille-DeRossett-Hale single state construction code act,"

(MCL 125.1501 to 125.1531) by adding section 4f.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 4f. (1) The director may provide for, at the time of

initial construction of a single-family dwelling or a multifamily

dwelling, or at the time of renovation of any existing single-

family dwelling in which a permit is required, or upon the addition

or creation of a bedroom, the installation of at least 1

operational and approved carbon monoxide device within the single-

family dwelling or within each unit of the multifamily dwelling. A

carbon monoxide device shall be located in the vicinity of the

bedrooms, which may include 1 device capable of detecting carbon

monoxide near all adjacent bedrooms; in areas within the dwelling

adjacent to an attached garage; and in areas adjacent to any fuel-

burning appliances.

     (2) The carbon monoxide device described in subsection (1) may

be battery-powered, plug-in with or without battery backup, wired

into the dwelling's AC power line with secondary battery backup, or

connected to a system by means of a control panel. If the

international residential code is adopted by the director as part

of a code adopted after the effective date of the amendatory act

that added this section, those requirements apply and shall be

followed upon the effective date of the code.

     (3) An enforcing agency shall not impose a penalty for the

failure of a person to comply with subsection (1) until the

effective date of the code that may be adopted after the effective

date of the amendatory act that added this section that

incorporates that requirement.

     (4) A person licensed under article 24 of the occupational

code, 1980 PA 299, MCL 339.2401 to 339.2412, who is in compliance

with this section or rules promulgated under the code and installs,

in accordance with manufacturer's published instructions at the

time of installation, a carbon monoxide device shall have no

liability, directly or indirectly, to any person with respect to

the operation, maintenance, or effectiveness of the carbon monoxide

device.

     (5) As used in this section:

     (a) "Approved" means a carbon monoxide device that is listed

as complying with either ANSI/UL 2034 or ANSI/UL 2075 and that is

installed in accordance with the manufacturer's instructions.

     (b) "Carbon monoxide device" means a device that detects

carbon monoxide and alerts occupants via a distinct and audible

signal that is either self-contained in the unit or activated via a

system connection.

     (c) "Operational" means working and in service.

     (6) This section shall be known and may be cited as the

"Overbeck law".

     Enacting section 1. This amendatory act takes effect 90 days

after it is enacted into law.