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 Regulating certain smoke alarms; providing for dwelling unit owner and tenant responsibilities; and prescribing penalties. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Short title. This act shall be known and may be cited as the Smoke Alarm Responsibility Act. Section 2. Definitions. The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Dwelling." A building that contains one or more dwelling units that are or will be rented, leased, let or hired out for living purposes. The term does not include a care facility, as defined in section 2 of the act of June 23, 2016 (P.L.357, No.48), known as the Care Facility Carbon Monoxide Alarms 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Standards Act. "Dwelling unit." A single unit in a dwelling providing complete independent living facilities for at least one individual, including permanent provisions for living, sleeping, eating, cooking and sanitation. "Smoke alarm." A smoke alarm that: (1) Meets any of the following: (i) is powered by a nonremovable, nonreplaceable battery capable of powering the smoke alarm device for at least 10 years; (ii) is powered by an electrical system; (iii) is part of a fire alarm system that operates other smoke alarm devices; or (iv) uses a low-power radio frequency wireless communication signal. (2) Is listed in accordance with UL 217 or in accordance with UL 217 and UL 2034 for combination smoke and carbon monoxide alarms. Section 3. Dwelling units. (a) Owner responsibilities.--Except as provided in section 7, the owner of a dwelling unit existing on the effective date of this subsection shall: (1) Equip, within 24 months of the effective date of this paragraph, the dwelling unit with a smoke alarm that is installed in accordance with the Uniform Construction Code adopted at 34 Pa. Code ยง 403.21 (relating to Uniform Construction Code) under the authority granted in the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act. (2) Replace, in accordance with this act, any smoke 20250HB1463PN1723 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 alarm that has been stolen, removed, found missing or rendered inoperable during a prior occupancy of the dwelling unit and which has not been replaced by the prior tenant before the commencement of a new occupancy of the dwelling unit. (3) Ensure that the smoke alarm is in operating condition at the time the new tenant takes residence in the dwelling unit. (4) Notwithstanding any other provision of this act, upon notification by the tenant in writing of any deficiency relating to the smoke alarm under section 4(4), address the deficiency and ensure that the dwelling unit is equipped with a smoke alarm in compliance with this act within 96 hours of notification by the tenant. (b) New construction, alterations, repairs or additions not required.--The equipping and installation of smoke alarms shall not require new construction, alterations, repairs or additions. (c) Maintenance, repair or replacement.--Except as provided under subsection (a)(4), the owner of a dwelling unit used for rental purposes shall not be responsible for the maintenance, repair or replacement of a smoke alarm while the dwelling unit is occupied. Responsibility for maintenance and repair of the smoke alarm shall revert to the owner of the dwelling unit upon the vacancy of the dwelling unit. Section 4. Tenant responsibilities. The tenant of a dwelling unit: (1) Shall maintain the smoke alarm in the dwelling unit in good repair. (2) Shall ensure that the smoke alarm in the dwelling unit is tested annually. 20250HB1463PN1723 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (3) May not remove or render the smoke alarm in the dwelling unit inoperable. (4) Shall notify the owner of the dwelling unit or its authorized agent in writing of any deficiencies relating to the smoke alarm. Section 5. Modification. Nothing in this act is intended to modify the authority and responsibilities of the Department of Labor and Industry under the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act. Section 6. Enforcement. An individual who violates this act commits a summary offense punishable by a fine of up to $50. Section 7. Exception. Nothing in this act shall be construed as requiring an owner of a dwelling unit to replace a working smoke alarm that is not more than 10 years old. Section 8. Effective date. This act shall take effect in 120 days. 20250HB1463PN1723 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19