Texas 2019 - 86th Regular

Texas House Bill HB4358 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R13309 BEE-D
2	2	By: Sanford H.B. No. 4358
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to smoke alarms and carbon monoxide alarms in residential
8	8	rental units.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 92.006(a) and (b), Property Code, are
11	11	amended to read as follows:
12	12	(a) A landlord's duty or a tenant's remedy concerning
13	13	security deposits, security devices, the landlord's disclosure of
14	14	ownership and management, or utility cutoffs, as provided by
15	15	Subchapter C, D, E, or G, respectively, may not be waived. A
16	16	landlord's duty to install a smoke alarm and carbon monoxide alarm
17	17	under Subchapter F may not be waived, nor may a tenant waive a
18	18	remedy for the landlord's noninstallation or waive the tenant's
19	19	limited right of installation and removal. The landlord's duty of
20	20	inspection and repair of smoke alarms and carbon monoxide alarms
21	21	under Subchapter F may be waived only by written agreement.
22	22	(b) A landlord's duties and the tenant's remedies concerning
23	23	security devices, the landlord's disclosure of ownership and
24	24	management, or smoke alarms and carbon monoxide alarms, as provided
25	25	by Subchapter D, E, or F, respectively, may be enlarged only by
26	26	specific written agreement.
27	27	SECTION 2. Subchapter F, Chapter 92, Property Code, is
28	28	amended to read as follows:
29	29	SUBCHAPTER F. SMOKE ALARMS, CARBON MONOXIDE ALARMS, AND FIRE
30	30	EXTINGUISHERS
31	31	Sec. 92.251. DEFINITIONS. In this subchapter:
32	32	(1) "Bedroom" means a room designed with the intent
33	33	that it be used for sleeping purposes.
34	34	(2) "Carbon monoxide alarm" means a device designed to
35	35	detect and to alert occupants of a dwelling unit to the presence of
36	36	a harmful carbon monoxide source by means of an audible alarm.
37	37	(3) "Carbon monoxide source" means:
38	38	(A) a heater, furnace, fireplace, or cooking
39	39	source that uses coal, kerosene, petroleum products, wood, or
40	40	another fuel that emits carbon monoxide as a by-product of
41	41	combustion; or
42	42	(B) an attached garage.
43	43	(4) [(2)] "Dwelling unit" means a home, mobile home,
44	44	duplex unit, apartment unit, condominium unit, or any dwelling unit
45	45	in a multiunit residential structure. It also means a "dwelling" as
46	46	defined by Section 92.001.
47	47	(5) [(3)] "Smoke alarm" means a device designed to
48	48	detect and to alert occupants of a dwelling unit to the visible and
49	49	invisible products of combustion by means of an audible alarm.
50	50	Sec. 92.252. APPLICATION OF OTHER LAW; MUNICIPAL
51	51	REGULATION. (a) The duties of a landlord and the remedies of a
52	52	tenant under this subchapter are in lieu of common law, other
53	53	statutory law, and local ordinances regarding a residential
54	54	landlord's duty to install, inspect, or repair a fire extinguisher,
55	55	[or] smoke alarm, or carbon monoxide alarm in a dwelling unit.
56	56	However, this subchapter does not:
57	57	(1) affect a local ordinance adopted before January 1,
58	58	2020 [September 1, 1981], that requires landlords to install smoke
59	59	alarms or carbon monoxide alarms in new or remodeled dwelling units
60	60	before January 1, 2020 [September 1, 1981], if the ordinance
61	61	conforms with or is amended to conform with this subchapter;
62	62	(2) limit or prevent adoption or enforcement of a
63	63	local ordinance relating to fire safety as a part of a building,
64	64	fire, or housing code, including any requirements relating to the
65	65	installation of smoke alarms or carbon monoxide alarms or the type
66	66	of smoke alarms or carbon monoxide alarms;
67	67	(3) otherwise limit or prevent the adoption of a local
68	68	ordinance that conforms to this subchapter but which contains
69	69	additional enforcement provisions, except as provided by
70	70	Subsections [Subsection] (b) and (c); or
71	71	(4) affect a local ordinance that requires regular
72	72	inspections by local officials of smoke alarms or carbon monoxide
73	73	alarms in dwelling units and that requires smoke alarms or carbon
74	74	monoxide alarms to be operational at the time of inspection.
75	75	(b) If a smoke alarm powered by battery has been installed
76	76	in a dwelling unit built before September 1, 1987, in compliance
77	77	with this subchapter and local ordinances, a local ordinance may
78	78	not require that a smoke alarm powered by alternating current be
79	79	installed in the unit unless:
80	80	(1) the interior of the unit is repaired, remodeled,
81	81	or rebuilt at a projected cost of more than $5,000 and:
82	82	(A) the repair, remodeling, or rebuilding
83	83	requires a municipal building permit; and
84	84	(B) either:
85	85	(i) the repair, remodeling, or rebuilding
86	86	results in the removal of interior walls or ceiling finishes
87	87	exposing the structure; or
88	88	(ii) the interior of the unit provides
89	89	access for building wiring through an attic, crawl space, or
90	90	basement without the removal of interior walls or ceiling finishes;
91	91	(2) an addition occurs to the unit at a projected cost
92	92	of more than $5,000;
93	93	(3) a smoke alarm powered by alternating current was
94	94	actually installed in the unit at any time prior to September 1,
95	95	1987; or
96	96	(4) a smoke alarm powered by alternating current was
97	97	required by lawful city ordinance at the time of initial
98	98	construction of the unit.
99	99	(c) If a carbon monoxide alarm powered by battery has been
100	100	installed in a dwelling unit built before January 1, 2020, in
101	101	compliance with this subchapter and local ordinances, a local
102	102	ordinance may not require that a carbon monoxide alarm powered by
103	103	alternating current be installed in the unit unless:
104	104	(1) the interior of the unit is repaired, remodeled,
105	105	or rebuilt at a projected cost of more than $5,000 and:
106	106	(A) the repair, remodeling, or rebuilding
107	107	requires a municipal building permit; and
108	108	(B) either:
109	109	(i) the repair, remodeling, or rebuilding
110	110	results in the removal of interior walls or ceiling finishes
111	111	exposing the structure; or
112	112	(ii) the interior of the unit provides
113	113	access for building wiring through an attic, crawl space, or
114	114	basement without the removal of interior walls or ceiling finishes;
115	115	(2) an addition occurs to the unit at a projected cost
116	116	of more than $5,000;
117	117	(3) a carbon monoxide alarm powered by alternating
118	118	current was actually installed in the unit at any time before
119	119	January 1, 2020; or
120	120	(4) a carbon monoxide alarm powered by alternating
121	121	current was required by lawful city ordinance at the time of initial
122	122	construction of the unit.
123	123	Sec. 92.253. EXEMPTIONS. (a) This subchapter does not
124	124	apply to:
125	125	(1) a dwelling unit that is occupied by its owner, no
126	126	part of which is leased to a tenant;
127	127	(2) a dwelling unit in a building five or more stories
128	128	in height in which smoke alarms and carbon monoxide alarms are
129	129	required or regulated by local ordinance; or
130	130	(3) a nursing or convalescent home licensed by the
131	131	Department of State Health Services and certified to meet the Life
132	132	Safety Code under federal law and regulations.
133	133	(a-1) The provisions of this subchapter relating to carbon
134	134	monoxide alarms apply to a dwelling unit in a building only if a
135	135	heater, furnace, fireplace, or cooking source that uses coal,
136	136	kerosene, petroleum products, wood, or another fuel that emits
137	137	carbon monoxide as a by-product of combustion is installed in the
138	138	building.
139	139	(b) Notwithstanding this subchapter, a person licensed to
140	140	install fire alarms or fire detection devices under Chapter 6002,
141	141	Insurance Code, shall comply with that chapter when installing
142	142	smoke alarms.
143	143	Sec. 92.254. SMOKE ALARM; CARBON MONOXIDE ALARM. (a) A
144	144	smoke alarm must be:
145	145	(1) designed to detect both the visible and invisible
146	146	products of combustion;
147	147	(2) designed with an alarm audible to a person in the
148	148	occupancy areas [bedrooms] it serves; and
149	149	(3) tested and listed for use as a smoke alarm by
150	150	Underwriters Laboratories, Inc., Factory Mutual Research
151	151	Corporation, or United States Testing Company, Inc.
152	152	(a-1) If requested by a tenant as an accommodation for a
153	153	person with a hearing-impairment disability or as required by law
154	154	as a reasonable accommodation for a person with a
155	155	hearing-impairment disability, each [a] smoke alarm or carbon
156	156	monoxide alarm must, in addition to complying with Subsection (a),
157	157	be capable of alerting a hearing-impaired person in the occupancy
158	158	areas [bedrooms] it serves.
159	159	(b) Except as provided by Section 92.255(b) or (c), as
160	160	applicable, a smoke alarm or carbon monoxide alarm may be powered by
161	161	a 10-year sealed non-removable battery, alternating current, or
162	162	other power source as required by local ordinance. The power system
163	163	and installation procedure of a security device that is
164	164	electrically operated rather than battery operated must comply with
165	165	applicable local ordinances.
166	166	(c) A carbon monoxide alarm must be:
167	167	(1) designed to detect the presence of a harmful level
168	168	of carbon monoxide;
169	169	(2) designed with an alarm audible to a person in the
170	170	occupancy area it serves; and
171	171	(3) tested and listed for use as a carbon monoxide
172	172	alarm by Underwriters Laboratories, Inc., Factory Mutual Research
173	173	Corporation, or United States Testing Company, Inc.
174	174	Sec. 92.255. INSTALLATION AND LOCATION. (a) A landlord
175	175	shall install at least one smoke alarm and at least one carbon
176	176	monoxide alarm in each separate bedroom in a dwelling unit. In
177	177	addition:
178	178	(1) if the dwelling unit is designed to use a single
179	179	room for dining, living, and sleeping, the smoke alarm and the
180	180	carbon monoxide alarm must be located inside the room;
181	181	(2) if multiple bedrooms are served by the same
182	182	corridor, at least one smoke alarm and one carbon monoxide alarm
183	183	must be installed in the corridor in the immediate vicinity of the
184	184	bedrooms; and
185	185	(3) if the dwelling unit has multiple levels, at least
186	186	one smoke alarm and one carbon monoxide alarm must be located on
187	187	each level.
188	188	(b) If a dwelling unit was occupied as a residence before
189	189	September 1, 2011, or a certificate of occupancy was issued for the
190	190	dwelling unit before that date, a smoke alarm installed in
191	191	accordance with Subsection (a) may be powered by battery and is not
192	192	required to be interconnected with other smoke alarms, except that
193	193	a smoke alarm that is installed to replace a smoke alarm that was in
194	194	place on the date the dwelling unit was first occupied as a
195	195	residence must comply with residential building code standards that
196	196	applied to the dwelling unit on that date or Section 92.252(b).
197	197	(c) If a dwelling unit was occupied as a residence before
198	198	January 1, 2020, or a certificate of occupancy was issued for the
199	199	dwelling unit before that date, a carbon monoxide alarm installed
200	200	in accordance with Subsection (a) may be powered by battery and is
201	201	not required to be interconnected with other carbon monoxide
202	202	alarms, except that a carbon monoxide alarm that is installed to
203	203	replace a carbon monoxide alarm that was in place on the date the
204	204	dwelling unit was first occupied as a residence must comply with
205	205	residential building code standards that applied to the dwelling
206	206	unit on that date or Section 92.252(c).
207	207	Sec. 92.257. INSTALLATION PROCEDURE. (a) Subject to
208	208	Subsections (b) and (c), a smoke alarm or carbon monoxide alarm must
209	209	be installed according to the manufacturer's recommended
210	210	procedures.
211	211	(b) A smoke alarm or carbon monoxide alarm must be installed
212	212	on a ceiling or wall. If on a ceiling, it must be no closer than six
213	213	inches to a wall or otherwise located in accordance with the
214	214	manufacturer's installation instructions. If on a wall, it must be
215	215	no closer than six inches and no farther than 12 inches from the
216	216	ceiling or otherwise located in accordance with the manufacturer's
217	217	installation instructions.
218	218	(c) A smoke alarm or carbon monoxide alarm may be located
219	219	other than as required by Subsection (a) or (b) if a local ordinance
220	220	or a local or state fire marshal approves.
221	221	Sec. 92.2571. ALTERNATIVE COMPLIANCE FOR SMOKE ALARMS. A
222	222	landlord complies with the requirements of this subchapter relating
223	223	to the provision of smoke alarms in the dwelling unit if the
224	224	landlord:
225	225	(1) has a fire detection device, as defined by Section
226	226	6002.002, Insurance Code, that includes a fire alarm device, as
227	227	defined by Section 6002.002, Insurance Code, installed in a
228	228	dwelling unit; or
229	229	(2) for a dwelling unit that is a one-family or
230	230	two-family dwelling unit, installs smoke detectors in compliance
231	231	with Chapter 766, Health and Safety Code.
232	232	Sec. 92.258. INSPECTION AND REPAIR. (a) The landlord shall
233	233	inspect and repair a smoke alarm or carbon monoxide alarm according
234	234	to this section.
235	235	(b) The landlord shall determine that a [the] smoke alarm or
236	236	carbon monoxide alarm is in good working order at the beginning of
237	237	the tenant's possession by:
238	238	(1) [testing the smoke alarm with smoke, by] operating
239	239	the testing button on the smoke alarm or carbon monoxide alarm;
240	240	(2) [, or by] following other recommended test
241	241	procedures of the manufacturer for the particular model of smoke
242	242	alarm or carbon monoxide alarm; or
243	243	(3) for a smoke alarm, testing with smoke.
244	244	(c) During the term of a lease or during a renewal or
245	245	extension, the landlord has a duty to inspect and repair a smoke
246	246	alarm or carbon monoxide alarm, but only if the tenant gives the
247	247	landlord notice of a malfunction or requests to the landlord that
248	248	the smoke alarm or carbon monoxide alarm be inspected or repaired.
249	249	This duty does not exist with respect to damage or a malfunction
250	250	caused by the tenant, the tenant's family, or the tenant's guests or
251	251	invitees during the term of the lease or a renewal or extension,
252	252	except that the landlord has a duty to repair or replace the smoke
253	253	alarm or carbon monoxide alarm if the tenant pays in advance the
254	254	reasonable repair or replacement cost, including labor, materials,
255	255	taxes, and overhead.
256	256	(d) The landlord must comply with the tenant's request for
257	257	inspection or repair of a smoke alarm or carbon monoxide alarm
258	258	within a reasonable time, considering the availability of material,
259	259	labor, and utilities.
260	260	(e) The landlord has met the duty to inspect and repair a
261	261	smoke alarm or carbon monoxide alarm if the [smoke] alarm is in good
262	262	working order after the landlord:
263	263	(1) [tests the smoke alarm with smoke,] operates the
264	264	testing button on the smoke alarm or carbon monoxide alarm;
265	265	(2) [, or] follows other recommended test procedures
266	266	of the manufacturer for the particular model of smoke alarm or
267	267	carbon monoxide alarm; or
268	268	(3) if testing a smoke alarm, tests the smoke alarm
269	269	with smoke.
270	270	(f) The landlord is not obligated to provide batteries for a
271	271	battery-operated smoke alarm or carbon monoxide alarm having a
272	272	removable battery after a tenant takes possession if:
273	273	(1) the smoke alarm or carbon monoxide alarm was
274	274	installed before January 1, 2020; and
275	275	(2) the smoke alarm or carbon monoxide alarm was in
276	276	good working order at the time the tenant took possession.
277	277	(g) A smoke alarm or carbon monoxide alarm that is in good
278	278	working order at the beginning of a tenant's possession is presumed
279	279	to be in good working order until the tenant requests repair of the
280	280	smoke alarm or carbon monoxide alarm as provided by this
281	281	subchapter.
282	282	Sec. 92.259. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR
283	283	REPAIR. (a) A landlord is liable according to this subchapter if:
284	284	(1) the landlord did not install a smoke alarm or
285	285	carbon monoxide alarm at the time of initial occupancy by the tenant
286	286	as required by this subchapter or a municipal ordinance permitted
287	287	by this subchapter; or
288	288	(2) the landlord does not install, inspect, or repair
289	289	a [the] smoke alarm or carbon monoxide alarm on or before the
290	290	seventh day after the date the tenant gives the landlord written
291	291	notice that the tenant may exercise the tenant's [his] remedies
292	292	under this subchapter if the landlord does not comply with the
293	293	request within seven days.
294	294	(b) If the tenant gives notice under Subsection (a)(2) and
295	295	the tenant's lease is in writing, the lease may require the tenant
296	296	to make the initial request for installation, inspection, or repair
297	297	of a smoke alarm or carbon monoxide alarm in writing.
298	298	Sec. 92.260. TENANT REMEDIES. A tenant of a landlord who is
299	299	liable under Section 92.259 may obtain or exercise one or more of
300	300	the following remedies:
301	301	(1) a court order directing the landlord to comply
302	302	with the tenant's request if the tenant is in possession of the
303	303	dwelling unit;
304	304	(2) a judgment against the landlord for damages
305	305	suffered by the tenant because of the landlord's violation;
306	306	(3) a judgment against the landlord for a civil
307	307	penalty of one month's rent plus $100 if the landlord violates
308	308	Section 92.259(a)(2);
309	309	(4) a judgment against the landlord for court costs;
310	310	(5) a judgment against the landlord for attorney's
311	311	fees in an action under Subdivision (1) or (3); and
312	312	(6) unilateral termination of the lease without a
313	313	court proceeding if the landlord violates Section 92.259(a)(2).
314	314	Sec. 92.261. LANDLORD'S DEFENSES. The landlord has a
315	315	defense to liability under Section 92.259 if:
316	316	(1) on the date the tenant gives the notice required by
317	317	Section 92.259 the tenant has not paid all rent due from the tenant;
318	318	or
319	319	(2) on the date the tenant terminates the lease or
320	320	files suit the tenant has not fully paid costs requested by the
321	321	landlord and authorized by Section 92.258.
322	322	Sec. 92.2611. TENANT'S DISABLING OF A SMOKE ALARM OR CARBON
323	323	MONOXIDE ALARM. (a) Except as otherwise provided by this section,
324	324	a [A] tenant is liable according to this subchapter if the tenant:
325	325	(1) removes a battery from a smoke alarm or carbon
326	326	monoxide alarm without immediately replacing the battery [it] with
327	327	a working battery; or
328	328	(2) knowingly disconnects or intentionally damages a
329	329	smoke alarm or carbon monoxide alarm, causing the smoke alarm or
330	330	carbon monoxide alarm [it] to malfunction.
331	331	(b) Except as provided by this section [in Subsection (c)],
332	332	a landlord of a tenant who is liable under Subsection (a) may obtain
333	333	a judgment against the tenant for damages suffered by the landlord
334	334	because the tenant:
335	335	(1) removed a battery from a smoke alarm or carbon
336	336	monoxide alarm without immediately replacing the battery [it] with
337	337	a working battery; or
338	338	(2) knowingly disconnected or intentionally damaged a
339	339	[the] smoke alarm or carbon monoxide alarm, causing the smoke alarm
340	340	or carbon monoxide alarm [it] to malfunction.
341	341	(b-1) A tenant is not liable under Subsection (a) and a
342	342	landlord may not obtain a judgment against a tenant under
343	343	Subsection (b) if:
344	344	(1) it is determined that the sensing unit of a carbon
345	345	monoxide alarm from which a tenant removed a battery or that a
346	346	tenant disconnected or damaged had stopped functioning before the
347	347	removal, disconnection, or damage; and
348	348	(2) the tenant notified the landlord that the sensing
349	349	unit of the carbon monoxide alarm no longer functioned not more than
350	350	seven days after the date the tenant made that determination.
351	351	(c) A tenant is not liable for damages suffered by the
352	352	landlord if the damage is caused by the landlord's failure to repair
353	353	the smoke alarm or carbon monoxide alarm within a reasonable time
354	354	after the tenant requests it to be repaired, considering the
355	355	availability of material, labor, and utilities.
356	356	(d) A landlord of a tenant who is liable under Subsection
357	357	(a) may obtain or exercise one or more of the remedies in Subsection
358	358	(e) if:
359	359	(1) a lease between the landlord and tenant contains a
360	360	notice, in underlined or boldfaced print, which states in substance
361	361	that the tenant:
362	362	(A) must not disconnect or intentionally damage a
363	363	smoke alarm or remove the battery without immediately replacing the
364	364	battery [it] with a working battery;
365	365	(B) must not disconnect or intentionally damage a
366	366	carbon monoxide alarm or remove the battery without immediately
367	367	replacing the battery with a working battery, unless the tenant
368	368	determines that the carbon monoxide sensing unit no longer
369	369	functions and notifies the landlord not more than seven days after
370	370	the date the tenant makes that determination; and
371	371	(C) [that the tenant] may be subject to damages,
372	372	civil penalties, and attorney's fees under Section 92.2611 of the
373	373	Property Code for not complying with the notice; and
374	374	(2) the landlord has given notice to the tenant that
375	375	the landlord intends to exercise the landlord's remedies under this
376	376	subchapter if the tenant does not reconnect, repair, or replace the
377	377	smoke alarm or carbon monoxide alarm or replace a battery [the]
378	378	removed from a smoke alarm or carbon monoxide alarm with a working
379	379	battery within seven days after being notified by the landlord to do
380	380	so.
381	381	(d-1) The notice in Subsection (d)(2) must be in a separate
382	382	document furnished to the tenant after the landlord has discovered
383	383	that the tenant has disconnected or damaged the smoke alarm or
384	384	carbon monoxide alarm or removed a battery from the alarm [it].
385	385	(e) If a tenant is liable under Subsection (a) and the
386	386	tenant does not comply with the landlord's notice under Subsection
387	387	(d), the landlord shall have the following remedies against the
388	388	tenant:
389	389	(1) a court order directing the tenant to comply with
390	390	the landlord's notice;
391	391	(2) a judgment against the tenant for a civil penalty
392	392	of one month's rent plus $100;
393	393	(3) a judgment against the tenant for court costs; and
394	394	(4) a judgment against the tenant for reasonable
395	395	attorney's fees.
396	396	(f) A tenant's guest or invitee who suffers damage because
397	397	of a landlord's failure to install, inspect, or repair a smoke alarm
398	398	or carbon monoxide alarm as required by this subchapter may recover
399	399	a judgment against the landlord for the damage. A tenant's guest or
400	400	invitee may recover a judgment against the tenant for damage
401	401	suffered [who suffers damage] because the tenant:
402	402	(1) removed a battery from a smoke alarm or carbon
403	403	monoxide alarm without immediately replacing the battery [it] with
404	404	a working battery;
405	405	(2) [or because the tenant] knowingly disconnected or
406	406	intentionally damaged a [the] smoke alarm or carbon monoxide alarm,
407	407	causing it to malfunction; or
408	408	(3) determined a carbon monoxide alarm's sensing unit
409	409	no longer functioned and did not notify the landlord on or before
410	410	the seventh day after the date the tenant made that determination [,
411	411	may recover a judgment against the tenant for the damage].
412	412	Sec. 92.262. AGENTS FOR DELIVERY OF NOTICE. A managing or
413	413	leasing agent, whether residing or maintaining an office on-site or
414	414	off-site, is the agent of the landlord for purposes of notice and
415	415	other communications required or permitted by this subchapter.
416	416	Sec. 92.263. INSPECTION OF RESIDENTIAL FIRE EXTINGUISHER.
417	417	(a) If a landlord has installed a 1A10BC residential fire
418	418	extinguisher as defined by the National Fire Protection Association
419	419	or other non-rechargeable fire extinguisher in accordance with a
420	420	local ordinance or other law, the landlord or the landlord's agent
421	421	shall inspect the fire extinguisher:
422	422	(1) at the beginning of a tenant's possession; and
423	423	(2) within a reasonable time after receiving a written
424	424	request by a tenant.
425	425	(b) At a minimum, an inspection under this section must
426	426	include:
427	427	(1) checking to ensure the fire extinguisher is
428	428	present; and
429	429	(2) checking to ensure the fire extinguisher gauge or
430	430	pressure indicator indicates the correct pressure as recommended by
431	431	the manufacturer of the fire extinguisher.
432	432	(c) A fire extinguisher that satisfies the inspection
433	433	requirements of Subsection (b) at the beginning of a tenant's
434	434	possession is presumed to be in good working order until the tenant
435	435	requests an inspection in writing.
436	436	Sec. 92.264. DUTY TO REPAIR OR REPLACE. (a) The landlord
437	437	shall repair or replace a fire extinguisher at the landlord's
438	438	expense if:
439	439	(1) on inspection, the fire extinguisher is found:
440	440	(A) not to be functioning; or
441	441	(B) not to have the correct pressure indicated on
442	442	the gauge or pressure indicator as recommended by the manufacturer
443	443	of the fire extinguisher; or
444	444	(2) a tenant has notified the landlord that the tenant
445	445	has used the fire extinguisher for a legitimate purpose.
446	446	(b) If the tenant or the tenant's invited guest removes,
447	447	misuses, damages, or otherwise disables a fire extinguisher:
448	448	(1) the landlord is not required to repair or replace
449	449	the fire extinguisher at the landlord's expense; and
450	450	(2) the landlord is required to repair or replace the
451	451	fire extinguisher within a reasonable time if the tenant pays in
452	452	advance the reasonable repair or replacement cost, including labor,
453	453	materials, taxes, and overhead.
454	454	SECTION 3. With respect to a dwelling unit first occupied or
455	455	for which a certificate of occupancy was issued before September 1,
456	456	2019, a landlord shall comply with the change in law made by this
457	457	Act not later than January 1, 2020.
458	458	SECTION 4. This Act takes effect September 1, 2019.