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Code · BILL · 117th Congress · H.R. 7981 (Reported in House) — To require qualifying smoke alarms in certain federally assisted housing, and for other purposes. · Sec. 2

Sec. 2. Smoke alarms in federally assisted housing

2,430 words·~11 min read·/bill/117/hr/7981/rh/section-2

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The United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ) is amended— in section 3(a) ( 42 U.S.C. 1437a(a) ), by adding at the end the following: Each public housing agency shall ensure that a qualifying smoke alarm is installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in any dwelling unit in public housing owned or operated by the public housing agency, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.
For purposes of this paragraph, the following definitions shall apply: The term smoke alarm has the meaning given the term smoke detector in section 29(d) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2225(d) ). The term qualifying smoke alarm means a smoke alarm that— in the case of a dwelling unit built before the date of enactment of this paragraph and not substantially rehabilitated after the date of enactment of this paragraph is— hardwired; or uses 10-year non rechargeable, nonreplaceable primary batteries and— is sealed; is tamper resistant; contains silencing means; and provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired. ; and in section 8 ( 42 U.S.C. 1437f )— by inserting after subsection
(k)the following: Each owner of a dwelling unit receiving project-based assistance under this section shall ensure that qualifying smoke alarms are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit. For purposes of this subsection, the following definitions shall apply: The term smoke alarm has the meaning given the term smoke detector in section 29(d) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2225(d) ). The term qualifying smoke alarm means a smoke alarm that— in the case of a dwelling unit built before the date of enactment of this paragraph and not substantially rehabilitated after the date of enactment of this paragraph is— hardwired; or uses 10-year non rechargeable, nonreplaceable primary batteries and— is sealed; is tamper resistant; contains silencing means; and provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired. ; and in subsection (o), by adding at the end the following: Each dwelling unit receiving tenant-based assistance or project-based assistance under this subsection shall have a qualifying smoke alarm installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit. For purposes of this paragraph, the following definitions shall apply: The term smoke alarm has the meaning given the term smoke detector in section 29(d) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2225(d) ). The term qualifying smoke alarm means a smoke alarm that— in the case of a dwelling unit built before the date of enactment of this paragraph and not substantially rehabilitated after the date of enactment of this paragraph is— hardwired; or uses 10-year non rechargeable, nonreplaceable primary batteries and— is sealed; is tamper resistant; contains silencing means; and provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired. . Section 202(j) of the Housing Act of 1959 ( 12 U.S.C. 1701q(j) ) is amended by adding at the end the following: Each owner of a dwelling unit assisted under this section shall ensure that qualifying smoke alarms are installed in accordance with the requirements of applicable codes and standards and the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit. For purposes of this paragraph, the following definitions shall apply: The term smoke alarm has the meaning given the term smoke detector in section 29(d) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2225(d) ). The term qualifying smoke alarm means a smoke alarm that— in the case of a dwelling unit built before the date of enactment of this paragraph and not substantially rehabilitated after the date of enactment of this paragraph is— hardwired; or uses 10-year non rechargeable, nonreplaceable primary batteries and— is sealed; is tamper resistant; contains silencing means; and provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired. . Section 811(j) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(j) ) is amended by adding at the end the following: Each dwelling unit assisted under this section shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit. For purposes of this paragraph, the following definitions shall apply: The term smoke alarm has the meaning given the term smoke detector in section 29(d) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2225(d) ). The term qualifying smoke alarm means a smoke alarm that— in the case of a dwelling unit built before the date of enactment of this paragraph and not substantially rehabilitated after the date of enactment of this paragraph is— hardwired; or uses 10-year non rechargeable, nonreplaceable primary batteries and— is sealed; is tamper resistant; contains silencing means; and provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired. . Section 856 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12905 ) is amended by adding at the end the following new subsection: Each dwelling unit assisted under this subtitle shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit. For purposes of this subsection, the following definitions shall apply: The term smoke alarm has the meaning given the term smoke detector in section 29(d) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2225(d) ). The term qualifying smoke alarm means a smoke alarm that— in the case of a dwelling unit built before the date of enactment of this subsection and not substantially rehabilitated after the date of enactment of this subsection is— hardwired; or uses 10-year non rechargeable, nonreplaceable primary batteries and— is sealed; is tamper resistant; contains silencing means; and provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this subsection, is hardwired. . Title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ) is amended— in section 514 ( 42 U.S.C. 1484 ), by adding at the end the following: Housing and related facilities constructed with loans under this section shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit. For purposes of this subsection, the following definitions shall apply: The term smoke alarm has the meaning given the term smoke detector in section 29(d) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2225(d) ). The term qualifying smoke alarm means a smoke alarm that— in the case of a dwelling unit built before the date of enactment of this subsection and not substantially rehabilitated after the date enactment of this subsection is— hardwired; or uses 10-year non rechargeable, nonreplaceable primary batteries and— is sealed; is tamper resistant; contains silencing means; and provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this subsection, is hardwired. ; and in section 515(m) ( 42 U.S.C. 1485(m) ) by adding at the end the following: Housing and related facilities rehabilitated or repaired with amounts received under a loan made or insured under this section shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit. For purposes of this paragraph, the following definitions shall apply: The term smoke alarm has the meaning given the term smoke detector in section 29(d) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2225(d) ). The term qualifying smoke alarm means a smoke alarm that— in the case of a dwelling unit built before the date of enactment of this paragraph and not substantially rehabilitated after the date of enactment of this paragraph is— hardwired; or uses 10-year non rechargeable, nonreplaceable primary batteries and— is sealed; is tamper resistant; contains silencing means; and provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired. . Section 516 of the Housing Act of 1949 ( 42 U.S.C. 1486 ) is amended— in subsection (c)— in paragraph (2), by striking and at the end; in paragraph (3), by striking the period at the end and inserting ; and ; and by adding at the end the following: that such housing shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit. ; and in subsection (g)— in paragraph
(3)by striking and at the end; in paragraph (4), by striking the period at the end and inserting a semicolon; and by adding at the end the following: the term smoke alarm has the meaning given the term smoke detector in section 29(d) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2225(d) ); and the term qualifying smoke alarm means a smoke alarm that— in the case of a dwelling unit built before the date of enactment of this paragraph and not substantially rehabilitated after the date of enactment of this paragraph is— hardwired; or uses 10-year non rechargeable, nonreplaceable primary batteries and— is sealed; is tamper resistant; contains silencing means; and provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired. . There is authorized to be appropriated to carry out the amendments made by this section such sums as are necessary for each of fiscal years 2023 through 2027. The amendments made by subsections
(a)through
(f)shall take effect on the date that is 2 years after the date of enactment of this Act. Nothing in the amendments made by this section shall be construed to preempt or limit the applicability of any State or local law relating to the installation and maintenance of smoke alarms in housing that requires standards that are more stringent than the standards described in the amendments made by this section.
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