1 ____________________________
2 Councilmember Brooke Pinto
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5 A BILL
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7 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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9 To amend the Security Alarms Systems Regulations Act of 1980 to prohibit, as of July 1, 2025,
10 the sale of smoke detectors that are not temper-resistant in the District of Columbia, and
11 to establish a process by which a person may file a complaint alleging a violation of this
12 subsection.
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14 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
15 act may be cited as the “Smoke Detector Safety Amendment Act of 2023”.
16 Sec. 2. Section 9 of the Security Alarms Systems Regulations Act of 1980, effective Sept.
17 26, 1980 (D.C. Law 3-107, D.C. Official Code § 7-2808), is amended as follows:
18 (a) A new subsection (d) is added to read as follows:
19 “(d)(1) Effective July 1, 2025, no person shall sell, offer for sale, install for a fee, or offer
20 to install for a fee a solely battery-operated smoke detector that is not tamper-resistant in the
21 District of Columbia.
22 “(2) A civil fine not to exceed $500, penalties, and fees may be imposed as a
23 sanction for any infraction of this subsection, pursuant to Titles I through III of the Department
24 of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985
25 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.).
26 “(3)(A) Any person may file with the Mayor a complaint alleging an individual or
27 company sold, offered for sale, installed for a fee, or offered to install for a fee a smoke detector
28 product in violation of this subsection.
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29 “(B) A complaint filed pursuant to sub-subparagraph (i) of this
30 subparagraph shall be submitted in writing on a form prescribed by the Mayor and made
31 available on the District of Columbia website. The complaint shall include:
32 “(i) The name of the individual or company alleged to have
33 sold, offered for sale, installed for a fee, or offered to install for a fee a smoke detector product in
34 violation of this subsection.
35 “(ii) The location of the alleged violation;
36 “(iii) The date and time of the alleged violation; and
37 “(iv) Any additional identifying information regarding the
38 violation.
39 “(C) A District inspector need not witness a violation for a complaint to be
40 valid.
41 “(D) A complainant under paragraph this subparagraph may appear and
42 give testimony at any administrative hearing or administrative review of the complaint, or any
43 other judicial or quasi-judicial action that may result from the complaint.
44 “(E)(i) If the Mayor determines that the complaint has merit, the
45 Mayor shall file a Notice of Infraction and proceed pursuant to the Department of Consumer and
46 Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42;
47 D.C. Official Code § 2-1801.01 et seq.).
48 “(ii) The Mayor shall provide a copy of the Notice of Infraction to
49 the Office of Administrative Hearings.
50 “(4) For the purposes of this subsection, the term:
51 “(A) “Smoke detector” means a device of the ionization or photoelectric
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52 type used to assess high levels of combustion nearby and shall include fire alarms and smart
53 home products that provide this functionality.
54 “(B) “Tamper-resistant” means a smoke detector designed such that the
55 battery powering the smoke detector cannot be manually removed, replaced, or disabled by the
56 consumer.”.
57 Sec. 3. Fiscal impact statement.
58 The Council adopts the fiscal impact statement in the committee report as the fiscal
59 impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,
60 approved December 24, 1973 (87 Stat. 813; D.C. Official Code §l-206.02(c)(3)).
61 Sec. 4. Effective date.
62 This act shall take effect following approval by the Mayor (or in the event of veto by the
63 Mayor, action by the Council to override the veto), a 30-day period of congressional review as
64 provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December
65 24, 1973 (87 Stat. 813; D.C. Official Code§ l-206.02(c)(l)), and publication in the District of
66 Columbia Register.
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