2005 Maine Code - §2464 — Smoke detectors

      1. Definition. "Smoke detector" means a device that, when activated by the presence of smoke, provides an alarm suitable to warn the occupants within the individual dwelling unit in which it is attached and that has been listed for use by a nationally recognized independent testing laboratory.[1997, c. 728, §27 (amd).]
      2. Smoke detectors required. The owner shall install, or cause to be installed, not less than one approved smoke detector upon or near the ceiling in areas within, or giving access to, bedrooms in:
   
A. Any single-family dwelling, the construction of which is completed after the effective date of this section; [1985, c. 190 (amd).]    
B. Each apartment in any building of multifamily occupancy, other than any occupied by the owner of the building; [1985, c. 190 (amd).]    
C. Any addition to or restoration of an existing single-family dwelling which adds at least one bedroom to the dwelling unit and the construction of which is completed after the effective date of this paragraph; and [1985, c. 190 (new).]    
D. Any conversion of a building to a single-family dwelling after the effective date of this paragraph. [1985, c. 190 (new).] [1985, c. 190 (amd).]
      3. Multiapartment buildings. In multiapartment buildings more than 3 stories in height, approved smoke detectors must also be installed in each corridor and hallway on each floor. [1997, c. 728, §28 (amd).]
      4. Regulations.[1997, c. 728, §29 (rp).]
      4-A. Rules. The Commissioner of Public Safety or the commissioner's designee, in accordance with the Maine Administrative Procedure Act, shall adopt rules pertaining to smoke detectors. The rules adopted must include, but not be limited to, standards for approved smoke detectors and all requirements of use, maintenance and installation. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.[2001, c. 475, §1 (new).]
      5. Penalties. A person who violates this section is guilty of a civil violation and is subject to a forfeiture of not more than $500 for each violation. The court may waive any penalty or cost against any violator upon satisfactory proof that the violation was corrected within 10 days of the issuance of a complaint.[1997, c. 728, §30 (amd).]
      6. Liability. Nothing in this section gives rise to any action against an owner required to comply with subsection 2, paragraph B, if the owner has conducted an inspection of the required smoke detectors immediately after installation and has reinspected the smoke detectors prior to occupancy by each new tenant, unless the owner has been given at least 24-hours' actual notice of a defect or failure of the smoke detector to operate properly and has failed to take action to correct the defect or failure.[1981, c. 399, §1 (new).]
      7. Noninterference. A person may not knowingly interfere with or make inoperative any smoke detector required by this section, except that the owner or the agent of an owner of a building may temporarily disconnect a detector in a dwelling unit or common area only for construction or rehabilitation activities when such activities are likely to activate the detector or make it inactive. The detector must be immediately reconnected at the cessation of construction or rehabilitation activities each day, regardless of the intent to return to construction or rehabilitation activities on succeeding days.[1991, c. 260 (new).]
      8. Smoke alarms for persons with disabilities. Upon the request of a deaf or hard-of-hearing occupant, the owner of the dwelling unit shall provide an approved smoke alarm suitable to warn the occupant within the dwelling unit. If the owner does not provide a suitable smoke alarm, the occupant may purchase, install and maintain a suitable smoke detector, or arrange for proper installation and maintenance of a suitable smoke detector, and may deduct the actual costs from the rent for the dwelling unit. An occupant or tenant may not be charged, evicted or penalized in any way for failure to pay the actual cost deducted from the rent for the dwelling unit.[1997, c. 95, §2 (new).]

Section History:

PL 1981,  Ch. 399,   §1 (NEW).
PL 1985,  Ch. 175,   § (AMD).
PL 1985,  Ch. 190,   § (AMD).
PL 1991,  Ch. 260,   § (AMD).
PL 1997,  Ch. 95,   §1,2 (AMD).
PL 1997,  Ch. 728,   §27-30 (AMD).
PL 2001,  Ch. 475,   §1 (AMD).