Deadly Fairmount fire renews support for Bucks lawmaker's smoke alarm safety bill

As a freshman state representative in 2019, Todd Polinchock saw the safety benefits of upgrading smoke alarm regulations on rental properties.

His fellow House lawmakers, though, didn’t see his bill proposing those changes as priority legislation, and it died in committee.

But a deadly early morning fire at a Philadelphia row house earlier this month, where city officials say there were no working smoke alarms, has generated new support for the resurrected legislation, which could go before the House for a final vote soon.

Twelve people, including eight children, died in a rental unit in the city’s Fairmount section. It's been described as one of the deadliest fires in U.S. history.

Officials believe a 5-year-old playing with a lighter ignited the family’s Christmas tree.

'Her heart is not there': Philadelphia woman lost 3 daughters, 9 grandkids in fatal Fairmount fire

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Months before the blaze, Polinchock, R-144, of Warrington, had re-introduced House Bill 860, which would require the installation of tamper-proof smoke detectors that use a 10-year lithium battery or are hardwired to the building’s electrical system in Pennsylvania rental properties. Violators would face a fine up to $50.

Polinchock said that he believes now is the ideal time for the law since home improvement retailers are phasing out old-school smoke detectors that use 9-volt batteries that require changing at least twice a year.

“It seemed like a logical time to do it,” said Polinchock, a licensed Realtor and former president of the Bucks County Association of Realtors. “It’s something I feel is very important.”

Non-working smoke detectors were the most common reason for fire deaths in Pennsylvania, which ranked third highest in the nation for those deaths, according to 2018 data from the National Fire Protection Association.

Nuisance alarms caused by cooking are the main reason people disable smoke detectors, the NFPA found.

There is no dispute that smoke detectors save lives and property, said state Rep. Frank Farry, R-142, of Langhorne, the longtime chief of the Langhorne-Middletown Fire Company.

“When you are a tenant, you are at the mercy of the landlord,” said Farry, who is among the bill’s co-sponsors. “This is just to add another layer to protect lives. We’re just trying to make things safer for people.”

Virtually every Bucks County emergency services and volunteer fire company exclusively stock the new long-life lithium-powered smoke detectors, which they give away to residents seeking them.

In the weeks since the Fairmont fire, Bucks County fire departments have seen a spike in requests for smoke detectors, Farry added.

Polinchock said the original version of his bill received push back from the real estate industry, which cited financial hardship.

But the revised bill includes a two-year phase in period and an exception allowing landlords to delay upgrading to the new detectors until a tenant leaves, if the existing system is in good working order.

After surviving two of the three floor votes necessary to move the bill to the Senate for consideration, Polinchock and Farry said they feel confident it will pass once House leadership schedules a final vote.

“We’re thinking it might move faster now,” Polinchock said.

What will House Bill 860 do?

• Gives landlords 24 months from the effective date of the bill to upgrade the smoke alarms in rental properties.

• Requires replacement of any smoke alarm that has been stolen, removed, found missing or rendered inoperable during prior occupancy of the dwelling unit before any new occupancy of the unit.

• Ensures the smoke alarm is operating at the time the new tenant takes residence in the unit.

• Requires landlords address problems with a smoke alarm within 96 hours after being notified in writing by a tenant of a problem.

• The owner of a dwelling unit used for rental purposes will not be responsible for maintaining, repairing or replacing a smoke alarm while a rental is occupied. Responsibility for the smoke alarm returns to owner of the unit upon its vacancy.

• The updating of smoke alarms shall not require new construction, alterations, repairs or additions; the owner also is not required to replace a working smoke alarm that is not more than 10 years old.

This article originally appeared on Bucks County Courier Times: Bucks lawmakers support bill to update smoke detectors in rentals.