Maine Code § 14-174

Installation of smoke and carbon monoxide detectors by fire departments
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(REALLOCATED FROM TITLE 14, SECTION 173 )
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms
have the following meanings.
A. "Device" means a battery-operated or plug-in smoke detector, carbon monoxide detector or
combination smoke and carbon monoxide detector. [PL 2021, c. 214, §1 (NEW); RR 2021, c.
1, Pt. A, §10 (RAL).]
B. "Fire department" means the State Fire Marshal, a municipal fire department as defined in Title
30-A, section 3151, subsection 1, a volunteer fire association as defined in Title 30-A, section 3151,
subsection 3 or a fire district under Title 30-A, chapter 164. [PL 2021, c. 214, §1 (NEW); RR
2021, c. 1, Pt. A, §10 (RAL).]
[PL 2021, c. 214, §1 (NEW); RR 2021, c. 1, Pt. A, §10 (RAL).]
2. Immunity. Notwithstanding any provision of any public or private and special law to the
contrary, a fire department or an employee or member of a fire department that delivers to or installs at
residential premises a device or batteries for a device is not liable for damages for personal injury,
wrongful death, property damage or other loss related to the device if:
A. The device is installed by the fire department and the device is new and meets all applicable
current safety and manufacturing standards; [PL 2021, c. 214, §1 (NEW); RR 2021, c. 1, Pt.
A, §10 (RAL).]
B. The device or the batteries in the device are installed by the fire department and the installation
is performed in accordance with the manufacturer's instructions; and [PL 2021, c. 214, §1
(NEW); RR 2021, c. 1, Pt. A, §10 (RAL).]
C. The installation or delivery is performed in the fire department's official capacity and authorized
by the municipal officers. [PL 2021, c. 214, §1 (NEW); RR 2021, c. 1, Pt. A, §10 (RAL).]
For purposes of this subsection, "installation" does not include the alteration or installation of electrical
wiring.

[PL 2021, c. 214, §1 (NEW); RR 2021, c. 1, Pt. A, §10 (RAL).]
3. Records. A fire department that installs or delivers a device or batteries for a device under this
section shall keep a record of the installation or delivery for a period of 5 years after the installation or
delivery.
[PL 2021, c. 214, §1 (NEW); RR 2021, c. 1, Pt. A, §10 (RAL).]
4. Application. This section does not limit or otherwise affect an obligation or duty of an owner
or occupier of residential premises receiving an installation or delivery of a device or batteries for a
device under this section.
[PL 2021, c. 214, §1 (NEW); RR 2021, c. 1, Pt. A, §10 (RAL).]

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