ND HB1201

Residential rental property with wood or fuel-fired fireplaces, heaters, appliances, or attached garages must be equipped with smoke and carbon monoxide detection alarms installed and maintained per state and local building and fire codes.

Landlords are responsible for installation and ensuring proper operation of alarms upon occupancy of each new tenant; tenants in single-family dwellings maintain the alarms during occupancy; tenants in other dwellings maintain alarms after landlord ensures proper operation.

Landlords must provide visual smoke and carbon monoxide alarms upon written request from deaf tenants, except for landlords with only one building containing four or fewer dwelling units.

If a carbon monoxide detection device is found inoperable, the landlord must correct the situation within 30 days of written notification; if not corrected, tenants may repair or replace the device and deduct the cost from the next rental payment.

Property owners who willfully fail to install required smoke detection alarms are guilty of a class B misdemeanor; landlords may charge tenants three times the replacement cost for damaged alarms and are not liable for injuries from inoperable carbon monoxide alarms.

Act becomes effective January 1, 2019.