North Carolina HB 1102: Defective Agricultural Equipment.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 1102

Short Title: Fuel Gas Safety Act. (Public)
Sponsors: Representative Reives.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Appropriations, if favorable, Finance, if favorable, Rules, Calendar, and
Operations of the House
April 30, 2026
*H1102-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE THE INSTALLATION AND MAINTENANCE OF FUEL GAS 2
DETECTORS IN ROOMS OR AREAS CONTAINING AN APPLIANCE FUELED BY 3
PROPANE, NATURAL GAS, OR ANY LIQUIFIED PETROLEUM GAS FOR CERTAIN 4
RESIDENTIAL, COMMERCIAL, AND PUBLIC HIGHER EDUCATION BUILDINGS. 5
The General Assembly of North Carolina enacts: 6
SECTION 1. G.S. 42-40 reads as rewritten: 7
"§ 42-40. Definitions. 8
For the purpose of this Article, the following definitions shall apply: 9
(1) "Action" includes recoupment, Action. – A recoupment, counterclaim, 10
defense, setoff, and any other proceeding including an action for possession. 11
(1a) Fuel gas detector. – A device that (i) has an assembly that incorporates a 12
sensor and an alarm that detects elevations in propane, natural gas, or a 13
liquified petroleum gas, (ii) sounds a warning alarm, (iii) is battery-operated, 14
plugged into an electrical outlet, or hardwired, and (iv) is approved by a 15
nationally recognized independent testing laboratory. 16
(1b) Landlord. – Any owner and any rental management company, rental agency, 17
or any other person having the actual or apparent authority of an agent to 18
perform the duties imposed by this Article. 19
(2) "Premises" means a Premises. – A dwelling unit, including mobile homes or 20
mobile home spaces, and the structure of which it is a part and facilities and 21
appurtenances therein and grounds, areas, and facilities normally held out for 22
the use of residential tenants. 23
(3) "Landlord" means any owner and any rental management company, rental 24
agency, or any other person having the actual or apparent authority of an agent 25
to perform the duties imposed by this Article. 26
(4) "Protected tenant" means a tenant or household member who is a victim of 27
domestic violence under Chapter 50B of the General Statutes or sexual assault 28
or stalking under Chapter 14 of the General Statutes. 29
(3) Protected tenant. – A tenant or household member who is a victim of domestic 30
violence under Chapter 50B of the General Statutes or sexual assault or 31
stalking under Chapter 14 of the General Statutes." 32
SECTION 2. G.S. 42-42 reads as rewritten: 33
"§ 42-42. Landlord to provide fit premises. 34

General Assembly Of North Carolina Session 2025
Page 2 House Bill 1102-First Edition
(a) The landlord shall: 1
... 2
(7a) Install a minimum of one operable fuel gas detector in every room of the 3
premises containing an appliance fueled by propane, natural gas, or a liquified 4
petroleum gas. The landlord who acquires the premises shall install fuel gas 5
detectors within 30 days of acquisition if compliant fuel gas detectors are not 6
already installed. At the beginning of each tenancy, the landlord shall ensure 7
that each fuel gas detector is in working order and unless the landlord and the 8
tenant have a written agreement to the contrary, the landlord shall place new 9
batteries in a battery-operated fuel gas detector. The landlord shall keep each 10
fuel gas detector within the tenant's unit in working condition by keeping the 11
fuel gas detector connected to the electrical service in the building or keeping 12
charged batteries in a battery-operated fuel gas detector, testing the fuel gas 13
detector periodically, and refraining from disabling the fuel gas detector. The 14
landlord shall immediately replace or repair the fuel gas detector upon receipt 15
of written notice of a deficiency with a fuel gas detector. If the landlord does 16
not have actual knowledge or has not been notified in writing of the need to 17
repair or replace a fuel gas detector, then the landlord's failure to repair or 18
replace the fuel gas detector must not be considered evidence of negligence in 19
a subsequent civil action arising from death, property loss, or personal injury. 20
(7b) A device that functions as both a carbon monoxide alarm and a fuel gas 21
detector may be used to comply with subdivisions (7) and (7a) of this 22
subsection if the device satisfies the applicable requirements of those 23
subdivisions. 24
...." 25
SECTION 3. G.S. 42-43(a) reads as rewritten: 26
"§ 42-43. Tenant to maintain dwelling unit. 27
(a) The tenant shall: 28
... 29
(4) Not deliberately or negligently destroy, deface, damage, or remove any part 30
of the premises, nor render inoperable the smoke alarm or alarm, carbon 31
monoxide alarm alarm, or fuel gas detector provided by the landlord, or 32
knowingly permit any person to do so. 33
... 34
(7) Notify the landlord, in writing, of the need for replacement of or repairs to a 35
smoke alarm or alarm, carbon monoxide alarm. alarm, or