MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Public Health and Human Services
By: Representative Lamar
AN ACT TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 45-11-30, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL HOTELS CONTAINING FOSSIL FUEL BURNING APPLIANCES TO BE EQUIPPED WITH CARBON MONOXIDE ALARMS; TO DEFINE CERTAIN TERMS; TO ESTABLISH REQUIREMENTS FOR THE INSTALLATION OF CARBON MONOXIDE ALARMS IN HOTELS; TO REQUIRE EXISTING HOTELS TO INSTALL CARBON MONOXIDE ALARMS BEFORE JULY 1, 2019; TO AMEND SECTION 45-11-49, MISSISSIPPI CODE OF 1972, TO ESTABLISH PENALTIES FOR HOTELS FAILING TO COMPLY WITH THE CARBON MONOXIDE ALARM REQUIREMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 45-11-30, Mississippi Code of 1972:
45-11-30. (1) As used in this section, the following words and phrases have the meanings ascribed in this subsection unless the context clearly requires otherwise:
(a) "Carbon monoxide alarm" means a device, either battery operated or electrical, that detects the presence of carbon monoxide gas and is listed by a nationally recognized testing laboratory approved by the federal Occupational Health and Safety Administration (OSHA) to test and certify to American National Standards Institute/Underwriters Laboratories Standards (ANSI/UL) 2034 or (ANSI/UL) 2075.
(b) "Fossil fuel" means coal, kerosene, oil, fuel gases or other petroleum or hydrocarbon product that emits carbon monoxide as a byproduct of combustion.
(c) "Hotel" or "lodging house" means any building providing sleeping accommodations for guests, travelers or semi-permanent residents for commercial purposes. The term "hotel" or "lodging house" includes, but is not limited to, a motel, inn, hostel, boarding home, lodging home, rooming house, tourist court or apartment hotel.
(2) In each hotel and lodging house that has a fossil fuel burning heater or appliance, a fireplace, an attached garage, or other feature, fixture or element that emits carbon monoxide as a byproduct of combustion, a carbon monoxide alarm must be installed within ten (10) feet of each room used for sleeping purposes and in common areas accessible to the general public which contain or adjoin, including directly above or below, an area containing a permanently installed fossil fuel burning appliance or equipment that emits carbon monoxide as a byproduct of combustion.
(3) A carbon monoxide alarm required under this section:
(a) Must be installed in accordance with either the standards of the National Fire Protection Association or the manufacturer's directions unless the standards or directions conflict with applicable law;
(b) Must be wired directly to the building's power supply with secondary battery backup, powered by a self-monitored battery, or operated with a plug-in outlet fitted with a plug restrainer device if the outlet is not controlled by any switch other than the main power supply;
(c) May not be equipped with an alarm silencing switch or audible trouble silencing switch unless its silenced position is indicated by a readily apparent signal;
(d) Must be maintained, tested and repaired as necessary by the owner or manager of the hotel or lodging house to ensure that every carbon monoxide alarm in the hotel or lodging house is operational at all times; and
(e) May be a combination carbon monoxide alarm and smoke detector if the device:
(i) Complies with ANSI/UL 2034 or ANSI/UL 2075 for carbon monoxide alarms and with standards required for smoke detectors under Section 45-11-29; and
(ii) Emits an alarm in a manner that clearly differentiates between detecting the presence of carbon monoxide and the presence of smoke.
(4) (a) A hotel or lodging house being newly constructed or renovated which is not open to the public before July 1, 2018, must comply with the requirements of this section before the use or occupancy of the hotel or lodging house may be authorized.
(b) All hotels and lodging houses other than those described in paragraph (a) of this subsection must comply with the requirements of this section before July 1, 2019.
(5) It is unlawful for a person to knowingly tamper with or remove any carbon monoxide alarm, or a component of any carbon monoxide alarm, required by this section.
SECTION 2. Section 45-11-49, Mississippi Code of 1972, is amended as follows:
45-11-49. Every owner,
lessee, keeper, or proprietor of a hotel or a lodging house who * * *, when the same is prescribed by law to
be done, fails, neglects or refuses to do any of the following
is guilty of a misdemeanor:
(a) To provide for each room a rope or rope ladder, or other like appliance; or
(b) To give notice calling attention to such rope or rope ladder or appliance, and giving directions for its use; or
(c) To provide iron balconies with iron stairs; or
(d) To provide a hand or side rail to each stairway; or
(e) To provide a Mississippi Fire Prevention Code-approved electric fire detector; or
(f) To give alarm and awaken all guests and inmates of his house in case of fire therein or in close proximity thereto; or
(g) To do everything in case of fire in his power to rescue the guests or inmates of his house; or
(h) To install and maintain carbon monoxide alarms as required under Section 45-11-30; or
( * * *i) To do anything required by law to
be done under the provisions of Sections 45-11-21 through 45-11-55 * * *.
On conviction * * * of an offense under this section, a person
shall be punished by imprisonment in the county jail not less than ninety (90)
days nor more than six (6) months, or fined not less than One Hundred Dollars
($100.00) nor more than One Thousand Dollars ($1,000.00), or both such fine and
imprisonment.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018.