HB 1463 — An Act regulating certain smoke alarms; providing for dwelling unit owner and tenant responsibilities; and prescribing penalties.

PRINTER'S NO.     1723

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 1463
                                              Session of
                                                2025

     INTRODUCED BY HADDOCK, HILL-EVANS, GIRAL, SCHLOSSBERG, CERRATO,
        McNEILL, SANCHEZ, STEELE, NEILSON, PROBST, BOYD, KENYATTA,
        DONAHUE, RABB, MAYES, CURRY, GREEN, INGLIS, CARROLL,
        SHUSTERMAN, HOWARD, DOUGHERTY AND K.HARRIS, MAY 14, 2025

     REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
        MAY 14, 2025


                                   AN ACT
 1   Regulating certain smoke alarms; providing for dwelling unit
 2      owner and tenant responsibilities; and prescribing penalties.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5   Section 1.   Short title.
 6      This act shall be known and may be cited as the Smoke Alarm
 7   Responsibility Act.
 8   Section 2.   Definitions.
 9      The following words and phrases when used in this act shall
10   have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Dwelling."   A building that contains one or more dwelling
13   units that are or will be rented, leased, let or hired out for
14   living purposes. The term does not include a care facility, as
15   defined in section 2 of the act of June 23, 2016 (P.L.357,
16   No.48), known as the Care Facility Carbon Monoxide Alarms
 1   Standards Act.
 2      "Dwelling unit."       A single unit in a dwelling providing
 3   complete independent living facilities for at least one
 4   individual, including permanent provisions for living, sleeping,
 5   eating, cooking and sanitation.
 6      "Smoke alarm."       A smoke alarm that:
 7            (1)   Meets any of the following:
 8                  (i)    is powered by a nonremovable, nonreplaceable
 9            battery capable of powering the smoke alarm device for at
10            least 10 years;
11                  (ii)    is powered by an electrical system;
12                  (iii)    is part of a fire alarm system that operates
13            other smoke alarm devices; or
14                  (iv)    uses a low-power radio frequency wireless
15            communication signal.
16            (2)   Is listed in accordance with UL 217 or in accordance
17      with UL 217 and UL 2034 for combination smoke and carbon
18      monoxide alarms.
19   Section 3.     Dwelling units.
20      (a)   Owner responsibilities.--Except as provided in section
21   7, the owner of a dwelling unit existing on the effective date
22   of this subsection shall:
23            (1)   Equip, within 24 months of the effective date of
24      this paragraph, the dwelling unit with a smoke alarm that is
25      installed in accordance with the Uniform Construction Code
26      adopted at 34 Pa. Code § 403.21 (relating to Uniform
27      Construction Code) under the authority granted in the act of
28      November 10, 1999 (P.L.491, No.45), known as the Pennsylvania
29      Construction Code Act.
30            (2)   Replace, in accordance with this act, any smoke

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 1      alarm that has been stolen, removed, found missing or
 2      rendered inoperable during a prior occupancy of the dwelling
 3      unit and which has not been replaced by the prior tenant
 4      before the commencement of a new occupancy of the dwelling
 5      unit.
 6            (3)   Ensure that the smoke alarm is in operating
 7      condition at the time the new tenant takes residence in the
 8      dwelling unit.
 9            (4)   Notwithstanding any other provision of this act,
10      upon notification by the tenant in writing of any deficiency
11      relating to the smoke alarm under section 4(4), address the
12      deficiency and ensure that the dwelling unit is equipped with
13      a smoke alarm in compliance with this act within 96 hours of
14      notification by the tenant.
15      (b)   New construction, alterations, repairs or additions not
16   required.--The equipping and installation of smoke alarms shall
17   not require new construction, alterations, repairs or additions.
18      (c)   Maintenance, repair or replacement.--Except as provided
19   under subsection (a)(4), the owner of a dwelling unit used for
20   rental purposes shall not be responsible for the maintenance,
21   repair or replacement of a smoke alarm while the dwelling unit
22   is occupied. Responsibility for maintenance and repair of the
23   smoke alarm shall revert to the owner of the dwelling unit upon
24   the vacancy of the dwelling unit.
25   Section 4.     Tenant responsibilities.
26      The tenant of a dwelling unit:
27            (1)   Shall maintain the smoke alarm in the dwelling unit
28      in good repair.
29            (2)   Shall ensure that the smoke alarm in the dwelling
30      unit is tested annually.

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 1          (3)   May not remove or render the smoke alarm in the
 2      dwelling unit inoperable.
 3          (4)   Shall notify the owner of the dwelling unit or its
 4      authorized agent in writing of any deficiencies relating to
 5      the smoke alarm.
 6   Section 5.   Modification.
 7      Nothing in this act is intended to modify the authority and
 8   responsibilities of the Department of Labor and Industry under
 9   the act of November 10, 1999 (P.L.491, No.45), known as the
10   Pennsylvania Construction Code Act.
11   Section 6.   Enforcement.
12      An individual who violates this act commits a summary offense
13   punishable by a fine of up to $50.
14   Section 7.   Exception.
15      Nothing in this act shall be construed as requiring an owner
16   of a dwelling unit to replace a working smoke alarm that is not
17   more than 10 years old.
18   Section 8.   Effective date.
19      This act shall take effect in 120 days.




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