Lead-Base Paint Remodeling Rule
April 22, 2010
New Carbon Monoxide Detector Requirements
March 25th, 2009 · Carbon Monoxide Bill Signed into Law
New requirements go into effect July 1, 2009
HISTORY: The 2009 General Assembly began Wednesday, January 7th and our
industry faced a politically charged piece of legislation concerning carbon
monoxide detector requirements. The bill required that detectors be placed
in every dwelling unit (single residential and multi-family housing).
The bill was dubbed the “Lofgren and Johnson Memorial bill.” (The Lofgren
family of four lost their lives in an Aspen home due to elevated carbon
monoxide levels in the house). Shortly thereafter, recent deaths occurred
in Colorado Springs in an apartment and then weeks later, a University
of Denver student living in an off-campus apartment also was found dead
due to carbon monoxide poisoning.
The sponsors of the legislation, Rep. John Soper (D) - Thornton and Senator
Chris Romer (D) - Denver presented their bill at a press conference in early
January. Friends and family members of the deceased stood behind the bill
and testified on its behalf. Your government affairs team worked diligently
through the legislative process to hone the language of the bill to produce
legislation that would be fair to property management and landlords.
HB1091 was signed into law March 24, 2009. This new state law requires
rental properties (single or multifamily dwellings) that use fuel-fired
heaters or appliances or fireplaces or attached garage to be equipped
with a CO detector. Below is an overview:
This new state law requires rental properties (single or multifamily
dwellings) that use fuel-fired heaters or appliances or fireplaces or
attached garage to be equipped with a CO detector. Carbon monoxide is
produced by the incomplete burn of a fossil fuel.
The law states that an existing dwelling unit that is used for rental
purposes that has a change in tenant occupancy on or after July 1, 2009
will be subject to the requirements of this law. This means that when
a tenant begins a new lease in a unit; OR if an existing tenant renews
their lease, the CO detector will need to be installed before move in
or at the time of the lease renewal. If you have units that are currently
occupied, you are not required to install CO alarms in that unit until
a new tenant signs a lease and moves into the unit. The law also requires
that a landlord provide any batteries necessary to make the CO alarm operational
at the time a tenant moves into a unit.
When a tenant moves out the law requires that any carbon monoxide detectors
that were stolen, removed, missing, or inoperable should be replaced before
the new tenant moves into the unit.
The carbon monoxide detectors must produce an audible alarm and be listed
by a nationally recognized certified laboratory. They must also be either
battery powered, plug into an electrical outlet with battery back up,
be wired into a dwelling’s electrical system with battery back up, or
connected to an electrical system via an electrical panel.
The CO detector may be combined with a smoke detector as long as the
audible signal clearly differentiates between the two hazards.
The CO detector must be installed directly into the unit’s electrical
system or directly plugged into an electrical outlet without a switch
other than the circuit breaker OR if the alarm is battery back-up, attached
to the wall or ceiling of the unit in accordance to the National Fire
Association’s (NFPA) Standard 720 which is available from the NFPA or
any successor standard.
A CO detector must be installed within 15 feet of each sleeping room
in a dwelling unit (or in a location as specified in any building code
adopted by the state or any local government entity). In addition, as
long as there is a centralized alarm system or other mechanism for a responsible
person to hear the alarm at all times (and able to alert tenants), a carbon
monoxide alarm can be installed within twenty-five feet of any fuel-fired
heater, or appliance, boiler, fireplace, or garage in addition to placement
of detectors within the required 15 feet of each sleeping room. It is
recommended that CO detectors are installed in the units even if the boiler
is not attached to a unit. The law states that if there is anything operated
by gas (fossil fuel burning) that detectors are needed. The law does not
specify the distance from detector to boiler and therefore installing
detectors in each unit as specified above will insure compliance.
The landlord is responsible for the maintenance of a detector when they
are notified in writing by a tenant that the batteries need to be replaced
in the detector, or the detector was stolen, removed, found missing, or
found not operational. It may be prudent to inform your tenants of their
responsibilities in communicating with the landlord should a problem occur
with their detector. In addition, the law states that it is illegal to
remove the batteries from the detector unless you are changing the batteries,
inspecting or maintaining the alarm.
As a home-seller, it is also required that carbon monoxide detectors
be installed prior to the home listing. This will be checked by the inspector,
and if not installed it will be required to do so prior to the sale.
Source: Governor's Office, 2009 Session Report