H.R. 7981

Public and Federally Assisted Housing Fire Safety Act of 2022

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IIB

117th CONGRESS

2d Session

H. R. 7981

IN THE SENATE OF THE UNITED STATES

July 28, 2022

Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs

AN ACT

To require qualifying smoke alarms in certain federally assisted housing, and for other purposes.

1.

Short title

This Act may be cited as the Public and Federally Assisted Housing Fire Safety Act of 2022.

2.

Smoke alarms in federally assisted housing

(a)

Public housing, tenant-Based assistance, and project-Based assistance

The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended—

(1)

in section 3(a) (42 U.S.C. 1437a(a)), by adding at the end the following:

(9)

Qualifying smoke alarms

(A)

In general

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.

(B)

Definitions

For purposes of this paragraph, the following definitions shall apply:

(i)

Smoke alarm defined

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)).

(ii)

Qualifying smoke alarm defined

The term qualifying smoke alarm means a smoke alarm that—

(I)

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—

(aa)

hardwired; or

(bb)

uses 10-year non rechargeable, nonreplaceable primary batteries and—

(AA)

is sealed;

(BB)

is tamper resistant;

(CC)

contains silencing means; and

(DD)

provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or

(II)

in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired.

; and

(2)

in section 8 (42 U.S.C. 1437f)—

(A)

by inserting after subsection (k) the following:

(l)

Qualifying smoke alarms

(1)

In general

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.

(2)

Definitions

For purposes of this subsection, the following definitions shall apply:

(A)

Smoke alarm defined

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)).

(B)

Qualifying smoke alarm defined

The term qualifying smoke alarm means a smoke alarm that—

(i)

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—

(I)

hardwired; or

(II)

uses 10-year non rechargeable, nonreplaceable primary batteries and—

(aa)

is sealed;

(bb)

is tamper resistant;

(cc)

contains silencing means; and

(dd)

provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or

(ii)

in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired.

; and

(B)

in subsection (o), by adding at the end the following:

(22)

Qualifying smoke alarms

(A)

In general

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.

(B)

Definitions

For purposes of this paragraph, the following definitions shall apply:

(i)

Smoke alarm defined

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)).

(ii)

Qualifying smoke alarm defined

The term qualifying smoke alarm means a smoke alarm that—

(I)

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—

(aa)

hardwired; or

(bb)

uses 10-year non rechargeable, nonreplaceable primary batteries and—

(AA)

is sealed;

(BB)

is tamper resistant;

(CC)

contains silencing means; and

(DD)

provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or

(II)

in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired.

.

(b)

Supportive housing for the elderly

Section 202(j) of the Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by adding at the end the following:

(10)

Qualifying smoke alarms

(A)

In general

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.

(B)

Definitions

For purposes of this paragraph, the following definitions shall apply:

(i)

Smoke alarm defined

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)).

(ii)

Qualifying smoke alarm defined

The term qualifying smoke alarm means a smoke alarm that—

(I)

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—

(aa)

hardwired; or

(bb)

uses 10-year non rechargeable, nonreplaceable primary batteries and—

(AA)

is sealed;

(BB)

is tamper resistant;

(CC)

contains silencing means; and

(DD)

provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or

(II)

in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired.

.

(c)

Supportive housing for persons with disabilities

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:

(8)

Qualifying smoke alarms

(A)

In general

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.

(B)

Definitions

For purposes of this paragraph, the following definitions shall apply:

(i)

Smoke alarm defined

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)).

(ii)

Qualifying smoke alarm defined

The term qualifying smoke alarm means a smoke alarm that—

(I)

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—

(aa)

hardwired; or

(bb)

uses 10-year non rechargeable, nonreplaceable primary batteries and—

(AA)

is sealed;

(BB)

is tamper resistant;

(CC)

contains silencing means; and

(DD)

provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or

(II)

in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired.

.

(d)

Housing Opportunities for Persons with AIDS

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:

(j)

Qualifying smoke alarms

(1)

In general

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.

(2)

Definitions

For purposes of this subsection, the following definitions shall apply:

(A)

Smoke alarm defined

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)).

(B)

Qualifying smoke alarm defined

The term qualifying smoke alarm means a smoke alarm that—

(i)

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—

(I)

hardwired; or

(II)

uses 10-year non rechargeable, nonreplaceable primary batteries and—

(aa)

is sealed;

(bb)

is tamper resistant;

(cc)

contains silencing means; and

(dd)

provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or

(ii)

in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this subsection, is hardwired.

.

(e)

Rural housing

Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended—

(1)

in section 514 (42 U.S.C. 1484), by adding at the end the following:

(k)

Qualifying smoke alarms

(1)

In general

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.

(2)

Definitions

For purposes of this subsection, the following definitions shall apply:

(A)

Smoke alarm defined

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)).

(B)

Qualifying smoke alarm defined

The term qualifying smoke alarm means a smoke alarm that—

(i)

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—

(I)

hardwired; or

(II)

uses 10-year non rechargeable, nonreplaceable primary batteries and—

(aa)

is sealed;

(bb)

is tamper resistant;

(cc)

contains silencing means; and

(dd)

provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or

(ii)

in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this subsection, is hardwired.

; and

(2)

in section 515(m) (42 U.S.C. 1485(m)) by adding at the end the following:

(3)

Qualifying smoke alarms

(A)

In general

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.

(B)

Definitions

For purposes of this paragraph, the following definitions shall apply:

(i)

Smoke alarm defined

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)).

(ii)

Qualifying smoke alarm defined

The term qualifying smoke alarm means a smoke alarm that—

(I)

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—

(aa)

hardwired; or

(bb)

uses 10-year non rechargeable, nonreplaceable primary batteries and—

(AA)

is sealed;

(BB)

is tamper resistant;

(CC)

contains silencing means; and

(DD)

provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or

(II)

in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired.

.

(f)

Farm Labor Housing Direct Loans & Grants

Section 516 of the Housing Act of 1949 (42 U.S.C. 1486) is amended—

(1)

in subsection (c)—

(A)

in paragraph (2), by striking and at the end;

(B)

in paragraph (3), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(4)

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

(2)

in subsection (g)—

(A)

in paragraph (3) by striking and at the end;

(B)

in paragraph (4), by striking the period at the end and inserting a semicolon; and

(C)

by adding at the end the following:

(5)

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

(6)

the term qualifying smoke alarm means a smoke alarm that—

(A)

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—

(i)

hardwired; or

(ii)

uses 10-year non rechargeable, nonreplaceable primary batteries and—

(I)

is sealed;

(II)

is tamper resistant;

(III)

contains silencing means; and

(IV)

provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or

(B)

in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired.

.

(g)

Authorization of appropriations

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.

(h)

Effective date

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.

(i)

No preemption

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.

3.

Fire safety educational program

(a)

In general

The Secretary of Housing and Urban Development shall, not later than 1 year after the date of enactment of this Act, complete a national educational campaign that educates the general public about health and safety requirements in housing and how to properly use safety features in housing, including self-closing doors, smoke alarms, and carbon monoxide detectors.

(b)

Authorization of appropriations

There is authorized to be appropriated to the Secretary of Housing and Urban Development to carry out this section, $2,000,000 for fiscal year 2024.

Passed the House of Representatives July 27, 2022.

Cheryl L. Johnson,

Clerk.