(a) As used in this section, unless the context otherwise requires, “approved smoke detector” means a device that senses visible or invisible particles of combustion and has been investigated and listed in accordance with standards prescribed by:
(1) A nationally recognized and approved independent testing agency laboratory, such as Underwriters' Laboratories' Standard for Single and Multiple Station Smoke Detectors (UL 217); or
(2) An agency authorized to make independent inspections by the state fire marshal.
(b) No person, agency, institution or home, whether public or private, shall:
(1) Provide foster care services within any dwelling unless an approved smoke detector is installed and maintained within such dwelling by the person, agency, institution or home. When activated, the detector shall initiate an alarm that is audible in the sleeping rooms of the dwelling; or
(2) Tamper with or remove any smoke detector required by this section, or a component thereof.
(c) All smoke detectors required by this section:
(1) Shall be installed in accordance with the manufacturer's directions, unless they conflict with applicable law; and
(2) May be wired directly (hardwired) to the building's power supply, powered by a self-monitored battery, or operated with a plug-in outlet fitted with a plug restrainer device, provided the outlet is not controlled by any switch other than the main power supply.
(d) Compliance with this section shall not relieve any person, agency, institution or home from the requirements of any other applicable law, ordinance, rule or regulation. Nothing in this section shall be construed to be in derogation of § 68-120-111.
(e)
(1) The department of children's services shall enforce this section only for its own foster homes or for agencies that it licenses pursuant to chapter 5, part 5 of this title, and it shall periodically undertake appropriate activities to encourage and ensure compliance.
(2) Any violations noted by the department as a result of its inspections of child care agencies pursuant to § 37-5-513 shall be processed in the manner prescribed in that section.
(3) The provisions of this section as it applies to persons, agencies, institutions or homes licensed by any other departments of this state to provide foster care for children shall be enforced by those departments. Those departments shall periodically undertake appropriate activities to encourage and ensure compliance.
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