As Introduced

134th General Assembly

Regular Session H. B. No. 304

2021-2022

A BILL

To amend section 3737.82 and to enact section 3781.21 of the Revised Code to amend the law regarding smoke alarms in residential premises.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3737.82 be amended and section 3781.21 of the Revised Code be enacted to read as follows:

Sec. 3737.82. (A) The state fire marshal shall adopt a state fire code which shall consist of rules relating to all aspects of fire safety. The rules shall be the minimum standards for safeguarding life and property from fire and explosion, and the state fire marshal may, in adopting these rules, incorporate by reference existing published standards as well as amendments thereto subsequently published by the same authority. The state fire code shall include, but not be limited to, rules relating to the movable contents of any building, or class of buildings, the transportation, storage, location, and use of flammable or explosive materials, the procedures to be employed by persons in the event of fire, the installation and location of fire protection equipment, and other similar matters.

(B)(1) The state fire marshal shall adopt rules in the state fire code that include the requirements stated in division (C) of this section.

(2) The rules shall include exceptions that allow any of the following in place of sealed battery smoke alarms:

(a) Smoke alarms that receive power from the electrical system of a building;

(b) Smoke detectors, smoke alarms, and ancillary components that are electronically connected as part of a fire alarm system;

(c) Smoke detectors, smoke alarms, and ancillary components that use low-power radio frequency wireless communication signals;

(d) Smoke detectors, smoke alarms, and ancillary components that use wi-fi or other wireless local area networking capability to send and receive notifications to and from the internet, such as early low battery warnings before a critical low power level.

(C) Subject to the exceptions adopted pursuant to division (B) of this section, existing smoke alarms that do not receive power primarily from their building's electrical system and that are installed in residential occupancies to meet the state fire code's requirements shall be replaced with sealed battery smoke alarms when any of the following occurs:

(1) Ten years pass after an existing smoke alarm's date of manufacture or when an existing smoke alarm malfunctions or fails to respond to function tests.

(2) Ownership of owner-occupied residential premises changes, and sealed battery smoke alarms that are within ten years of their date of manufacture are not already installed.

(3) A new tenant is scheduled to take possession of residential premises pursuant to a rental agreement, that is subject to Chapter 5321. of the Revised Code, and sealed battery smoke alarms that are within ten years of their date of manufacture are not already installed.

(4) Alterations or repairs requiring plan approval are made, and smoke alarms that receive power primarily from the building's electrical system are not required as a result of those alterations or repairs.

(D) The state fire code may contain rules applicable to particular classes of existing buildings or structures as the use and occupancy of such buildings or structures suggest are necessary. The fire marshal may amend, modify, or repeal any rule of the state fire code.

(E) As used in this section, "sealed battery smoke alarm" and "smoke alarm" have the same meanings as in section 3781.21 of the Revised Code.

Sec. 3781.21. (A) As used in this section:

(1) "Sealed battery smoke alarm" means a smoke alarm with a tamper resistant housing that is powered by a nonreplaceable, nonremovable energy source capable of powering the device for a minimum of ten years from the date of manufacture listed on the device.

(2) "Smoke alarm" means an assembly that contains a smoke detector and an alarm-sounding device that activates after the incorporated smoke detector senses particles of combustion.

(3) "Smoke detector" means a device that senses visible or invisible particles of combustion and that alerts another device to sound an alarm.

(B)(1) The board of building standards shall adopt rules in the nonresidential building code and residential building code that include the requirements stated in division (C) of this section.

(2) The rules shall include exceptions that allow any of the following in place of sealed battery smoke alarms:

(a) Smoke alarms that receive power from the electrical system of a building.

(b) Smoke detectors, smoke alarms, and ancillary components that are electronically connected as part of a fire alarm system.

(c) Smoke detectors, smoke alarms, and ancillary components that use low-power radio frequency wireless communication signals;

(C) Existing smoke alarms that do not receive power primarily from their building's wiring and that are installed in residential occupancies to meet the nonresidential building code's and residential building code's requirements shall be replaced with sealed battery smoke alarms when any of the following occurs:

(1) Ten years pass after an existing smoke alarm's date of manufacture or when an existing smoke alarm malfunctions or fails to respond to function tests.

(2) Ownership of owner-occupied residential premises changes, and sealed battery smoke alarms that are within ten years of their date of manufacture are not already installed.

(4) Alterations or repairs requiring plan approval are made, and smoke alarms that receive power primarily from the building's wiring are not required as a result of those alterations or repairs.

(D) Section 314.1.2 of rule 4101:8-3-01 of the Administrative Code is void, effective June 30, 2022.

Section 2. That existing section 3737.82 of the Revised Code is hereby repealed.