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

       
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