Wis. Board at Odds Over Smoke, CO Alarms for Amish

March 06--The Eau Claire County Board deadlocked Tuesday night on a resolution that would have opposed pending legislation exempting Amish residents from statewide requirements mandating their homes have smoke and carbon monoxide detectors.

The county Planning and Development Committee recommended the board oppose the measure, having voted 4-1 in favor of opposition. However, that motion failed when supervisors were split on the idea, voting 12-12 on the matter. Five supervisors did not attend Tuesday's meeting.

The county proposal was not binding but was meant to advise state legislators.

Supervisor Mark Olson, a retired Eau Claire firefighter, said the proposed legislation, which would exempt certain one- and two-family homes from requirements they house smoke and carbon monoxide detectors and standard plumbing, is an issue of safety for people living in homes and for firefighters responding to fires. Seventy-three percent of carbon monoxide poisoning cases occur in one- and two-family homes, he said.

"A simple thing that helps save lives isn't too much to ask of any people," he said.

However, Supervisor Bruce Stabenow of Augusta, whose District 5 includes Amish families, said the proposal is about freedom of religion.

The Amish are "law-abiding citizens" who feel having smoke detectors and carbon monoxide detectors in their homes violates their religion, Stabenow said. For them, removing detectors after a building inspector has checked their homes isn't an option because such action would represent "cheating" or "lying," Stabenow said, and is against Amish beliefs.

"They're not trying to beat the system. They just want to live quiet, respectful lives according to their religion," he said.

State Rep. Kathy Bernier, R-Lake Hallie, authored Assembly Bill 499, which would exempt certain homes from having smoke and carbon monoxide detectors and plumbing standards. Bernier said she is concerned the state's uniform dwelling code infringes on the religious freedom of Amish residents.

Bernier's bill does not specifically mention Amish residents but includes an exemption for houses without electrical wiring. Amish balk at electricity and other conveniences based on religious reasons. The bill also would exempt one- and two-family dwellings without indoor toilets from certain plumbing requirements.

A similar bill in the state Senate, SB 407, is authored by Sen. Terry Moulton, R-town of Seymour, Sen. Kathleen Vinehout, D-Alma, and Sen. Glenn Grothman, R-West Bend.

County Planning Department staff has attempted in recent years to persuade the county's Amish residents to comply with state law, which stipulates smoke and carbon monoxide detectors be in homes. Those efforts have been met with resistance by Amish citizens.

Tom Hurley, county emergency management coordinator, wrote in a memo that the proposed law would put emergency responders at risk by creating situations in which residents would be more likely to be harmed or killed by fire because they weren't warned by smoke detectors.

"The single most controllable factor in this scenario is expedited notification -- a smoke alarm," he wrote.

Knight can be reached at 715-830-5835, 800-236-7077 or [email protected].

Copyright 2014 - The Leader-Telegram, Eau Claire, Wis.