HB 326 would require all existing single-family homes and multifamily residential units in Kentucky to have at least one working smoke detector inside each dwelling or unit by December 31, 2026. The detector must either be hardwired into the electrical system or powered by a nonremovable, tamper-proof 10-year lithium battery. The requirement applies to existing residences, not just new construction, and is tied to property transfers and tenancy changes.
Before a sale, lease, change of ownership, or change in tenancy, the required smoke detector must already be installed. The bill places responsibility on the property owner, seller, or lessor to test the detector and provide a signed affidavit confirming its presence and working condition. The Department is directed to create a standard affidavit form, and enforcement would be handled by the state fire marshal or a local authority with jurisdiction under existing fire code provisions.
Impact
The bill would add a new residential safety requirement to Kentucky law within KRS 227.200 to 227.400, creating a statewide smoke-detector standard for existing homes and rental units. It would impose a civil penalty of up to $500 per violation for failure to provide the required affidavit, while making clear that the absence of the affidavit does not invalidate a sale or lease. It also limits liability for licensed individuals under KRS Chapter 324 for a property owner’s or seller’s noncompliance and requires administrative rulemaking to establish a standard transfer affidavit.
Sentiment
The available record shows no committee transcript or recorded votes, so there is no documented debate or formal vote history to gauge legislative sentiment. Based on the bill’s text, the measure appears to be framed as a straightforward residential safety and fire-prevention bill, with an emphasis on ensuring working smoke detectors are present before property transfers or new tenancies. The absence of recorded opposition or amendment discussion suggests no visible public controversy in the materials provided.
Contention
The main potential points of contention are the compliance burden on property owners, sellers, and landlords, especially because the bill applies to existing housing stock and requires installation before transfer or tenancy changes. Another possible issue is enforcement, since local governments or the state fire marshal would be responsible for policing violations, and the bill authorizes civil penalties for missing affidavits. The liability carve-out for licensed professionals under KRS Chapter 324 may also matter to real estate and inspection stakeholders, but no specific objections or supporters are documented in the provided materials.