Smoke detector installation

AN ACT Relating to enforcement of laws regulating the 1
installation of smoke detection devices; and amending RCW 43.44.110.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 43.44.110 and 2019 c 455 s 1 are each amended to 4
read as follows: 5
(1) Smoke detection devices shall be installed inside all 6
dwelling units: 7
(a) Occupied by persons other than the owner on and after 8
December 31, 1981; 9
(b) Built or manufactured in this state after December 31, 1980; 10
or 11
(c) Sold on or after July 1, 2019. 12
(2) The smoke detection devices shall be designed, manufactured, 13
and installed inside dwelling units in conformance with:14
(a) Nationally accepted standards; and 15
(b) As provided by the administrative procedure act, chapter 16
34.05 RCW, rules and regulations promulgated by the chief of the 17
Washington state patrol, through the director of fire protection.18
(3) Installation of smoke detection devices shall be the 19
responsibility of the owner. Maintenance of smoke detection devices, 20
including the replacement of batteries where required for the proper 21
S-0110.1
SENATE BILL 5329
State of Washington 69th Legislature 2025 Regular Session
By Senators Liias, Boehnke, Nobles, and Wagoner
Read first time 01/17/25. Referred to Committee on Housing.
p. 1 SB 5329
operation of the smoke detection device, shall be the responsibility 1
of the tenant, who shall maintain the device as specified by the 2
manufacturer. At the time of a vacancy, the owner shall insure that 3
the smoke detection device is operational prior to the reoccupancy of 4
the dwelling unit. 5
(4)(a) For any dwelling unit sold on or after July 1, 2019, that 6
does not have at least one smoke detection device, the seller shall 7
provide at least one smoke detection device in the dwelling unit 8
before the buyer or any other person occupies the dwelling unit 9
following such sale. A violation of this subsection does not affect 10
the transfer of the title, ownership, or possession of the dwelling 11
unit. 12
(b) Real estate brokers licensed under chapter 18.85 RCW are not 13
liable in any civil, administrative, or other proceeding for the 14
failure of any seller or other property owner to comply with the 15
requirements of this section. 16
(c) Any person or entity that assists the buyer of a dwelling 17
(([unit])) unit with installing a smoke detection device, whether 18
they are voluntarily doing so or as a nonprofit, is not liable in any 19
civil, administrative, or other proceeding relating to the 20
installation of the smoke detection device. 21
(d) Interconnection of smoke detection devices is not required 22
where not already present in buildings undergoing repairs undertaken 23
solely as a condition of sale. 24
(5)(a) Except as provided in (b) of this subsection (5), any 25
owner, seller, or tenant failing to comply with this section shall be 26
punished by a fine of not more than ((two hundred dollars)) $200.27
(b) Any owner failing to comply with this section shall be 28
punished by a fine of ((five thousand dollars)) $5,000 if, after such 29
failure, a fire causes property damage, personal injury, or death to 30
a tenant or a member of a tenant's household. All moneys received 31
pursuant to (a) or (b) of this subsection, except for administrative 32
costs for enforcing the fine, shall be deposited into the smoke 33
detection device awareness account created in RCW 43.44.115. 34
Enforcement shall occur after a fire occurs and when it is evident 35
that the dwelling unit sold on or after July 1, 2019, did not have at 36
least one smoke detection device. The ((following may )) Washington 37
state patrol shall enforce this subsection((:38
(i) The chief of the fire department if the dwelling unit is 39
located within a city or town; or40
p. 2 SB 5329
(ii) The county fire marshal or other fire official so designated 1
by the county legislative authority if the dwelling unit is located 2
within unincorporated areas of a county)). 3
(6) The Washington state patrol shall be responsible for 4
developing education materials regarding requirements and enforcement 5
under this section to share with county fire marshals and other local 6
fire officials.7
(7) For the purposes of this section: 8
(a) "Dwelling unit" means a single unit providing complete, 9
independent living facilities for one or more persons including 10
permanent provisions for living, sleeping, eating, cooking, and 11
sanitation; and 12
(b) "Smoke detection device" means an assembly incorporating in 13
one unit a device which detects visible or invisible particles of 14
combustion, the control equipment, and the alarm-sounding device, 15
operated from a power supply either in the unit or obtained at the 16
point of installation. 17
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