HB-4730, As Passed Senate, December 10, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4730

     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 4d.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 4d. (1) Beginning December 1, 2009 and involving only

buildings and structures newly constructed on or after that date,

the owner, operator, or builder of residential occupancies where

the occupants are primarily transient in nature, including, but not

limited to, boarding houses, hotels, and motels, shall install 1

operational carbon monoxide device at each source point.

     (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. The carbon

monoxide device required under subsection (1) shall have an alarm

that is audible. If the international building code contains a

requirement for a carbon monoxide device and that requirement is

adopted by the director as part of a code adopted after the

effective date of the amendatory act that added this subsection,

those requirements apply and shall be followed upon the effective

date of the code.

     (3) A person who installs, in accordance with the

manufacturer's published instructions in existence 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.

     (4) The owner or operator of the residential occupancy

described in subsection (1), who installs or arranges for the

installation of and who maintains a carbon monoxide device in

accordance with the manufacturer's published instructions in

existence at the time of the installation, shall have no liability,

directly or indirectly, to any person with respect to the operation

or effectiveness of the carbon monoxide device.

     (5) As used in this section:

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

carbon monoxide, alerts occupants via a distinct and audible signal

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

connection, and is certified by a nationally recognized testing

laboratory to conform to the latest standards of the underwriters

laboratories standards.

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

     (c) "Source point" means an area where a mechanism is present

that provides a common source of heat from a fossil-fuel-burning

furnace, boiler, or water heater, but does not include only the

presence of a wood or fossil-fuel-burning fireplace or a wood or

fossil-fuel-burning space heater.