detectors and carbon monoxide (CO 2) detectors. Single family homes homes and multi units also come under the legislation that becomes law the first of November.
Regarding the smoke and fire detector portion of the law, this is the pertinent excerpt from the legislation regarding single family house sales after November 1st, 2009.
Smoke detectors required. The owner shall properly install, or cause to be properly
installed, smoke detectors in accordance with the National Electric Code and the manufacturer's
requirements. In existing single-family dwellings, at least one smoke detector, which may be
photoelectric, ionization or a combination of both, must be installed in each area within, or giving access
to, bedrooms. These smoke detectors may be powered by the electrical service in the dwelling, by battery
or by a combination of both. Any smoke detector located within 20 feet of a kitchen or a bathroom
containing a tub or shower must be a photoelectric-type smoke detector.
After October 31, 2009, smoke detectors installed in a multifamily building or a newly constructed single family dwelling must be of the photoelectric-only type and must be powered both by the electrical service
in the building or dwelling and by battery.
What about multi rental units? Even single family homes rented out?
In an apartment / home occupied under the terms of a rental agreement or under a
month-to-month tenancy:
A. At the time of each occupancy, the landlord shall provide smoke detectors. The smoke detectors
must be in working condition. After notification of any deficiencies by the tenant, the landlord shall
repair or replace the smoke detectors. If the landlord did not know and had not been notified of
the need to repair or replace a smoke detector, the landlord's failure to repair or replace the smoke
detector may not be considered as evidence of negligence in a subsequent civil action arising from
death, property loss or personal injury. The tenant shall keep the smoke detectors in working condition by keeping charged batteries in battery-operated smoke detectors, if possible, by testing the smoke detectors periodically, if possible, and by refraining from permanently disabling the smoke detectors.
So when you sell a Maine home, transfer it, what is the deal?
A person who, after October 31, 2009, transfers by sale or exchange a single-family dwelling or a multiapartment building shall certify to the buyer at the closing of the transaction that the dwelling or each apartment in the building is provided with smoke detectors in accordance with this section. This certification must be signed and dated by the seller.If the buyer notifies the seller within 10 days by certified mail from the date of conveyance of the dwelling or building that the dwelling or an apartment in the building lacks any smoke detectors or that any smoke detectors are not operable, the seller shall install smoke detectors in compliance with this section within 10 days after notification.
Okay, that covers the smoke detector fire alarms part of the Maine legislation that becomes law
November 1st. But what is the nuts and bolts of the portion of law regarding carbon monoxide (CO2) detectors ?
Carbon monoxide detectors
1. Definition. "Carbon monoxide detector" means a device with an assembly that incorporates a
sensor control component and an alarm notification that detects elevations in carbon monoxide levels and
sounds a warning alarm and is approved or listed for the purpose by a nationally recognized independent
testing laboratory.
2. Carbon monoxide detectors required. The owner shall install, or cause to be installed,
by the manufacturer's requirements at least one approved carbon monoxide detector upon or near the
ceiling or floor in each area within, or giving access to, bedrooms in:
A. Each apartment in any building of multifamily occupancy;
B. Any addition to or restoration of an existing single-family dwelling that adds at least one bedroom
to the dwelling unit; and
C. Any conversion of a building to a single-family dwelling.
A carbon monoxide detector must be powered both by the electrical service in the building or dwelling
and by battery.
3. Multiapartment buildings. In multiapartment buildings more than 3 stories in height, the
owner shall install, or cause to be installed, approved carbon monoxide detectors in each corridor and
hallway on each floor in addition to the carbon monoxide detectors required under subsection 2.
4. Carbon monoxide detectors for persons with disabilities. Upon the request of a deaf or hard-of-hearing occupant, the owner of a dwelling unit shall provide an approved carbon monoxide detector suitable to warn the occupant within the dwelling unit. If the owner does not provide a suitable carbon monoxide detector, the occupant may purchase, install and maintain a suitable carbon monoxide detector or arrange for proper installation and maintenance of a suitable carbon monoxide detector and may deduct the actual costs from the rent for the dwelling unit. An occupant may not be charged, evicted or penalized in any way for failure to pay the actual costs deducted from the rent for the dwelling unit.
5. New Maine home construction. A person who constructs a single-family dwelling shall install at least
one carbon monoxide detector upon or near the ceiling or floor in each area within, or giving access
to, any bedroom in the dwelling. The carbon monoxide detector must be powered both by the electrical
service in the dwelling and by battery.
6. Rental units. In an apartment occupied under the terms of a rental agreement or under a
month-to-month tenancy:
A. At the time of each occupancy, the landlord shall provide carbon monoxide detectors. The
carbon monoxide detectors must be in working condition. After notification of any deficiencies by
the tenant, the landlord shall repair or replace the carbon monoxide detectors. If the landlord did
not know and had not been notified of the need to repair or replace a carbon monoxide detector,
the landlord's failure to repair or replace the carbon monoxide detector may not be considered as
evidence of negligence in a subsequent civil action arising from death, property loss or personal
injury; and
B. The tenant shall keep the carbon monoxide detectors in working condition by keeping
charged batteries in battery-operated carbon monoxide detectors, if possible, by testing the carbon
monoxide detectors periodically, if possible, and by refraining from permanently disabling the
carbon monoxide detectors.
7. Transfer of dwelling. A person who transfers by sale or exchange a single-family dwelling
or a multiapartment building shall certify to the buyer at the closing of the transaction that the dwelling
or each apartment in the building is provided with at least one carbon monoxide detector in accordance
with this section. This certification must be signed and dated by the seller.
If the buyer notifies the seller within 10 days by certified mail from the date of conveyance of the
dwelling or building that the dwelling or an apartment in the building lacks a carbon monoxide detector
or that the carbon monoxide detector is not operable, the seller shall install a carbon monoxide detector
in compliance with this section within 10 days after notification. Violation of this paragraph does not create a defect in title.
What is the damage, the fine if you do not comply with the new Maine rules, law?
9. Penalties. A person who violates this section is guilty of a civil violation and is subject to a fine
of not more than $500 for each violation. The court may waive any penalty or cost against any violator
upon satisfactory proof that the violation was corrected within 10 days of the issuance of a complaint.
The long and short of it? Directly from the state of Maine archives, hot off the press legislation enacted this session in August Maine.
SUMMARY This bill requires that all single-family dwellings and multiapartment buildings sold in the State and newly constructed single-family dwellings have photoelectric-only-type smoke detectors and at least one carbon monoxide detector in an area within or giving access to a bedroom. The detectors in multifamily dwellings and newly constructed single-family dwellings must be powered by both the electrical service in the building and by battery. Photo electric smoke varieties are not available until the end of the month in Maine was what I was told by a local Houlton ME electrician this afternoon when I interviewed him like our old days as a Bangor Maine radio news director. He said the per unit cost is roughly $75-80 and as you start adding up the placement needed in an old home that is far less far to install then new construction it could get pricey. This electrician was waiting for a call from his supplier to see if a shipment could be found out of state before the deadline to be in compliance and I will do a follow up on this new law, how to it works without reading thru the entire law.Maine real estate agents / brokers warn and educate your ME home, multi unit owners, renters or tenants.
Maine Association Of Realtor's Linda Gifford spells it out if all the verbage of the legislation is confusing, unclear.Maine REALTOR Andrew Mooers - Maine, You Are Going To Really Like It Here.
like a bomb hit. Napalmed, devastated. Oh sure, the trees will grow back..but not in your life time.
It takes 53 year cycle to start from stratch or you could plant black spruce, something that grows quicker to speed up the process to make the land wooded again. Where did the trees go? The ones that were not cut may have gotten bruised, side swiped in the effort to harvest this Maine wood lot.
Owner financing on these pieces? Sure, the owner does not have to worry about you hurting anything.
The one saving grace on many of these remote, no right of way or low lying cedar swamps is they had wood...or used to. Take that away and well, it's like a diamond. Do you want one with lots of flaws, cloudy, from the island of misfit elves or quality, with fire, features that is an investment. Wooded wood lots, in Maine. Get a forester to cruise the land, tell you how much timber is really on it, and what is needed to manage the parcel. What a Maine forestry plan so the land can be put in to tree growth to lower the taxes is all about. Remember, unlike Georgia, the south, Maine timber trees grow hardy, but not year round thanks to a situation called winter.
ME Real Estate Agent/Broker Andrew Mooers - Maine...You Can Do Some Seriously Dreaming, Living Here.
slowed the Jeep as I passed Tidd's Sport Center, eyeing a row of multi colored snow machines..of "pre-owned"snowmobiles, and across the road, a ME potato farming operation was moving slowly across a field, harvesting gold spuds to store for the winter.
To live in Aroostook County, in the Houlton Maine area means winter is not a time of hibernation. Just one of the four seasons and for many, the one we like the most.
Snow skiing, snow sledding, ice fishing, playing hockey with your kids on a lake on a sunny day, skating at a local arena friday nights.
Maine is four seasons and winter is just one of them.
Not going to dig our our Christmas decorations yet but hint of white stuff makes us think about snowsled trails, down hill and cross country skiing. I will have folks in Florida think it must be expensive to heat an Aroostook County home and I ask them one question. What is your monthly electric bill. A fellow from Tampa this week said roughly $450 a month...wow. That is expensive and when you heat with wood in Northern Maine, five cords of wood is pretty inexpensive heat. And you often cut, split and stack it with your family yourself from a family woodlot.
Not heating with wood now, but did for years back during the last oil embargo. It's a nice kind of heat. Gives you an inner glow, a good feeling to have a cellar full of wood for the furnace, for the fireplace. That feeling that everyone is going to be warm as toast this winter. Let it snow, I'm ready but just not trotting to the attic tonight to bring down the Christmas decorations yet. Let's get Halloween behind us first!
Maine REALTOR Andrew Mooers - Maine, If You Are Cold Winters, You Are Not Dressed Right.
vigor. Ready to take on the world. As I approached the Maine lake cottage, and fumbled, breathing hard and finally got the car door with the magnetic sign stuck to it open, I noticed her "layout". She was 36-24-36....
(Bring up the Commodores "Brick House" song in the background please) and I gulped.
Here I go..this is it. Not really worried about performance anxiety, I was ready. But this was the first time, solo, for all the marbles.
The owner said he picked me because I was new, wanted to give me a chance. He had just gotten new glasses and said he went to a brand spanking new doctor for the same reason. What was your first experience all about...the very first real estate listing you ever took? To start your career, to market and sell? No doubt you resold the same place as you stuck with the profession. This lake camp for $7500 was something we resold four times over the following 15 years. Multiple sales until the current owner indicated it would only be sold again when they took her feet first out of the back door. Hope the ambulance attendants have hiking books and know a little technical climbing skills though..this one was down over the bank...on the side of Drews Mountain in Linneus ME.
Maine REALTOR Andrew Mooers - Maine, We Have Serious Fun Here In "Vacationland".
Agents working in the Malibu area. The show features agents in pretty nice cars, that seem awfully young wrestling with high end owners to get them to come down on their real estate price expectations. One broker in a BMW, another in a Porsche, the other in a Mercedes. A little different than Maine where you have a four wheel drive jeep, a Subaru, a Chrysler mini van to do dual duty for kid's soccer games, family hockey tournaments.
You could buy 20,000 acres of ground, of land in Maine for those kind of numbers. Maine..it's a whole lot less expensive, simple living for a change. Money is not the reason you move here..and you won't need to bring a lot. Maine, where you won't need a mortgage if you bail out of the expensive area you live now.
Maine..if you are looking for elbow to elbow crowded conditions..you won't find that here. Leave it all behind..run away to Maine..the way life should be.
Maine REALTOR Andrew Mooers - Slow down, start living..You're in Maine now.
ActiveRain Corp. is not responsible for the accuracy of the site's content (which is written by members of the ActiveRain Real Estate Network) and does not endorse the views of the real estate agents, mortgage brokers, and others listed here.
Powered by the ActiveRain Real Estate Network
© 2009 ActiveRain Corp. All Rights Reserved