23rd Legislature(2003-2004)

Bill Text 23rd Legislature


00                             HOUSE BILL NO. 351                                                                          
01 "An Act relating to the devices, including carbon monoxide detection devices, required                                  
02 in dwellings; and providing for an effective date."                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 18.70.095(a) is amended to read:                                                                  
05            (a)  Smoke detection devices shall be installed and maintained in all dwelling                               
06       units in the state, and carbon monoxide detection devices shall be installed and                              
07       maintained in all qualifying dwelling units in the state.  The devices shall be of a                          
08       type and installed in a manner approved by the state fire marshal.                                                
09    * Sec. 2.  AS 18.70.095(b) is amended to read:                                                                     
10            (b)  In a dwelling unit occupied under the terms of a rental agreement or under                              
11       a month-to-month tenancy,                                                                                         
12                 (1)  at the time of each occupancy, the landlord shall provide smoke                                
13       detection devices and, if the dwelling unit is a qualifying dwelling unit, carbon                             
14       monoxide detection devices; the devices must be in working condition, and, after                          
01       notification by the tenant, the landlord shall be responsible for replacement; and                            
02                 (2)  the tenant shall keep the devices in working condition by keeping                                  
03       charged batteries in battery-operated devices, if possible, by testing the devices                                
04       periodically, if possible, and by refraining from permanently disabling the devices.                              
05    * Sec. 3.  AS 18.70.095(c) is amended to read:                                                                     
06            (c)  If a landlord did not know and had not been notified of the need to repair                              
07       or replace a smoke detection device or a carbon monoxide detection device, the                                
08       landlord's failure to repair or replace the device may not be considered as evidence of                           
09       negligence in a subsequent civil action arising from death, property loss, or personal                            
10       injury.                                                                                                           
11    * Sec. 4.  AS 18.70.095(d) is repealed and reenacted to read:                                                      
12            (d)  In this section,                                                                                        
13                 (1)  "dwelling unit" has the meaning given in AS 34.03.360;                                             
14                 (2)  "landlord" has the meaning given in AS 34.03.360;                                                  
15                 (3)  "qualifying dwelling unit" means a dwelling unit that                                              
16                      (A)  contains or is serviced by a gas-fueled appliance or device,                                  
17            by an oil-fueled appliance or device, or by a wood stove; or                                                 
18                      (B)  has an attached garage;                                                                       
19                 (4)  "rental agreement" has the meaning given in AS 34.03.360;                                          
20                 (5)  "tenant" has the meaning given in AS 34.03.360.                                                    
21    * Sec. 5.  AS 34.03.100(a) is amended to read:                                                                     
22            (a)  The landlord shall                                                                                      
23                 (1)  make all repairs and do whatever is necessary to put and keep the                                  
24       premises in a fit and habitable condition;                                                                        
25                 (2)  keep all common areas of the premises in a clean and safe                                          
26       condition;                                                                                                        
27                 (3)  maintain in good and safe working order and condition all                                          
28       electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other                        
29       facilities and appliances, including elevators, supplied or required to be supplied by                            
30       the landlord;                                                                                                     
31                 (4)  provide and maintain appropriate receptacles and conveniences for                                  
01       the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of                            
02       the dwelling unit and arrange for their removal;                                                                  
03                 (5)  supply running water and reasonable amounts of hot water and heat                                  
04       at all times, insofar as energy conditions permit, except where the building that                                 
05       includes the dwelling unit is so constructed that heat or hot water is generated by an                            
06       installation within the exclusive control of the tenant and supplied by a direct public                           
07       utility connection;                                                                                               
08                 (6)  if requested by the tenant, provide and maintain locks and furnish                                 
09       keys reasonably adequate to ensure safety to the tenant's person and property; and                                
10                 (7)  provide smoke detection devices and carbon monoxide detection                                  
11       devices as required under AS 18.70.095.                                                                       
12    * Sec. 6.  AS 34.03.120(a) is amended to read:                                                                     
13            (a)  The tenant                                                                                              
14                 (1)  shall keep that part of the premises occupied and used by the tenant                               
15       as clean and safe as the condition of the premises permit;                                                        
16                 (2)  shall dispose all ashes, rubbish, garbage, and other waste from the                                
17       dwelling unit in a clean and safe manner;                                                                         
18                 (3)  shall keep all plumbing fixtures in the dwelling unit or used by the                               
19       tenant as clean as their condition permits;                                                                       
20                 (4)  shall use in a reasonable manner all electrical, plumbing, sanitary,                               
21       heating, ventilating, air-conditioning, kitchen, and other facilities and appliances                              
22       including elevators in the premises;                                                                              
23                 (5)  may not deliberately or negligently destroy, deface, damage,                                       
24       impair, or remove a part of the premises or knowingly permit any person to do so;                                 
25                 (6)  may not unreasonably disturb, or permit others on the premises                                     
26       with the tenant's consent to unreasonably disturb, a neighbor's peaceful enjoyment of                             
27       the premises;                                                                                                     
28                 (7)  shall maintain smoke detection devices and carbon monoxide                                     
29       detection devices as required under AS 18.70.095;                                                             
30                 (8)  may not, except in an emergency when the landlord cannot be                                        
31       contacted after reasonable effort to do so, change the locks on doors of the premises                             
01       without first securing the written agreement of the landlord and, immediately after                               
02       changing the locks, providing the landlord a set of keys to all doors for which locks                             
03       have been changed; in an emergency, the tenant may change the locks and shall,                                    
04       within five days, provide the landlord a set of keys to all doors for which locks have                            
05       been changed and written notice of the change; and                                                                
06                 (9)  may not unreasonably engage in conduct, or permit others on the                                    
07       premises to engage in conduct, that results in the imposition of a fee under a municipal                          
08       ordinance adopted under AS 29.35.125.                                                                             
09    * Sec. 7.  This Act takes effect January 1, 2005.                                                                  
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