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HLS 09RS-616
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Page 1 of 3CODING: Words in struck through type are deletions from existing law; words underscoredare additions.Regular Session, 2009HOUSE BILL NO. 372BY REPRESENTATIVE MONICAPrefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.FIRE PROTECTION: Requires a ten-year lithium battery smoke detector in certainresidential dwellingsAN ACT
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To amend and reenact R.S. 40:1573(2) and 1581(A) and to enact R.S. 40:1581(C) and (D),
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relative to smoke detectors in one- or two-family dwellings; to provide for a change
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in definitions; to provide for a ten-year lithium battery smoke detector in certain
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dwellings sold or leased on or after January 1, 2011; to provide for exceptions for
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failure to comply; and to provide for related matters.
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Be it enacted by the Legislature of Louisiana:
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Section 1. R.S. 40:1573(2) and 1581(A) are hereby amended and reenacted and R.S.
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40:1581(C) and (D) are hereby enacted to read as follows:
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§1573. Definitions
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For the purposes of this Part, the term:
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* * *
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(2) "One- or two-family dwelling" means a building containing not more
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than two dwelling units in which one or each dwelling unit is occupied by members
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of a single family with not more than three outsiders, if any, accommodated in rented
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rooms.
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* * *
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§1581. Smoke detectors; single and two family one- or two-family dwellings
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A. All single and two family dwellings constructed after January 1, 1992,
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shall contain approved smoke detectors. Effective January 1, 2011, all existing one-
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HLS 09RS-616
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HB NO. 372Page 2 of 3CODING: Words in struck through type are deletions from existing law; words underscoredare additions.or two-family dwellings at the time of sale or lease, shall contain, at a minimum, an
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operable ten-year, sealed lithium battery smoke detector.
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* * *
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C. Failure to comply with the provisions of this Section shall not cause a
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delay or a stoppage in the transfer of the property.
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D. The real estate agent shall not be liable for the seller's failure to comply
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with the provisions of this Section.
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DIGESTThe digest printed below was prepared by House Legislative Services. It constitutes no partof the legislative instrument. The keyword, one-liner, abstract, and digest do not constitutepart of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]Monica HB No. 372
Abstract:
Requires at least one 10-year lithium battery smoke detector in all one- or two-family dwellings sold or leased on Jan. 1, 2011, or thereafter.Present law defines a one- or two-family dwelling as a building containing not more thantwo dwelling units in which each dwelling unit is occupied by members of a single familywith not more than three outsiders, if any, accommodated in rented rooms.Proposed law retains present law but clarifies that a one- or two-family dwelling is abuilding containing not more than two dwelling units in which one or each dwelling unit isoccupied by members of a single family with not more than three outsiders, if any,accommodated in rented rooms.Present law requires the installation of approved smoke detectors in all one- or two-familydwellings that are built after Jan. 1, 1992.Proposed law deletes present law and requires that on Jan. 1, 2011, all existing one- or two-family dwellings that are sold or leased must have a 10-year, sealed lithium battery smokedetector.Proposed law provides that a failure to comply shall not cause a delay or a stoppage in thetransfer of the property.Proposed law provides that the real estate agent shall not be liable for the seller's failure tocomply.(Amends R.S. 40:1573(2) and 1581(A); Adds R.S. 40:1581(C) and (D))Summary of Amendments Adopted by HouseCommittee Amendments Proposed by House Committee on Commerce to the originalbill.1. Changes single and two family dwellings to one- or two-family dwellings.
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