no requirement for owner-occupied single-family homes that are not part of a rental arrangement

REVISED: Maine law to require fuel gas detectors in multi-occupant buildings

Fri, 12/31/2021 - 7:30am

    This past June the Maine State Legislature signed into law a new requirement that affects some commercial businesses, rental properties, and certain forms of housing.

    The Office of State Fire Marshal has released the following information:

    The information below summarizes the general requirements currently in law for the installation, of fuel gas detectors in Maine. For more information, you can view the fuel gas detector law online at: Title 25, §2469: If you need specific information, please call Office of State Fire Marshal at (207) 626-3870.

    Fuel gas detectors ARE NOT the same as a carbon monoxide detector and will not replace the need for those within buildings in Maine.

    Fuel gas detectors may be powered by any of the following methods, battery, plugged into an electrical outlet or hard wired. Regardless of the power source, the units must be maintained and installed per the manufacturer’s instructions. Fuel gas detectors will only be required to be placed within the room where a propane, natural gas or liquified petroleum gas fueled appliance is located.

    This law becomes effective January 1, 2022.

    Business occupancy, mercantile occupancy, and assembly occupancy have until 1/1/2026 to comply.

    Fuel gas detector required. The building owner shall install, or cause to be installed, in accordance with the manufacturer’s requirements at least one approved fuel gas detector in every room containing an appliance fueled by propane, natural gas or any liquified petroleum gas in:

    A. Each unit in any building of multifamily occupancy — Effective date 1/1/2022

    B. A fraternity house, sorority house or dormitory that is affiliated with an educational facility — Effective date 1/1/2022

    C. A children’s home, emergency children’s shelter, children’s residential care facility, shelter for homeless children or specialized children’s home –Effective date 1/1/2022

    D. A hotel, motel, or inn —  Effective date 1/1/2022

    E. A mixed use occupancy that contains a dwelling unit — Effective date 1/1/2022

    F. A business occupancy — Effective date 1/1/2026

    G. A mercantile occupancy — Effective date 1/1/2026

    H. An assembly occupancy — Effective date 1/1/2026

     

    There is no requirement for owner-occupied single-family homes that are not part of a rental arrangement.

     

    Residential rental units
    In a unit listed above, under the terms of a rental agreement or under a month to month tenancy, at the time of each occupancy the landlord shall provide fuel gas detectors if they aren’t already present, and they must be in working condition. After notification of deficiencies, in writing, by the tenant, the landlord shall repair or replace the fuel gas detector.

    Tenants shall keep the fuel gas detectors in working condition, test them periodically to make sure they work, and refrain from disabling them.

    Transfer (sale or exchange)
    A person who, after January 1, 2022, acquires by sale or exchange a building listed above shall install fuel gas detectors within 30 days of acquisition or occupancy of the building, whichever is later, if fuel gas detectors are not already present, and shall certify at the closing of the transaction that fuel gas detectors will be installed. This certification must be signed and dated by the person acquiring the building. A fuel gas detector must be installed in accordance with the manufacturer’s requirements at the time of installation in each area containing an appliance fueled by propane, natural gas or liquified petroleum gas. A person may not have a claim for relief against a property owner, a property purchaser, an authorized agent of a property owner or purchaser, a person in possession of real property, a closing agent or a lender for any damages resulting from the operation, maintenance or effectiveness of a fuel gas detector. Violation of this subsection does not create a defect in title.