Ehinger Electric-WeWire4U: Carbon Monoxide Detectors, the new law and how to protect yourself.

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New Law Regarding Carbon Monoxide Detectors

Home Inspectors will start checking for CO detectors after passage of new Disclosure Laws

Watch this vidio in the link below.

http://www.cdc.gov/CDCTV/QuietKiller/

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California Senate Bill 183 was signed into law to regulate the installation of Carbon Monoxide detectors. The law is a two-part law that requires an update to the Transfer Disclosure Statements used in a real estate transaction, and puts into law the Carbon Monoxide Poisoning Prevention Act of 2010.

The first part of the new law requires that as of July 1, 2011, Transfer Disclosure Statements (TD forms) include a line item regarding the presence or absence of a Carbon Monoxide detector in the same manner as Smoke Detectors, for all residential units that are sold. This applies to just about all types of occupancies from single family owner-occupied and rentals, to multi-family housing. If the property is being sold, it must now include a CO Detector if the dwelling has gas appliances, fireplaces, and/or attached garages as described below.

The second part of the law enacts the Carbon Monoxide Poisoning Prevention Act of 2010 which requires that all residential properties, not just those being sold, be equipped with a Carbon Monoxide detector when the property has a fossil fuel burning heater or appliance, fireplace, and/or an attached garage. All single-family homes in structures with 1-4 units (owner or tenant occupied) must be equipped with a detector on or before July 1, 2011.

All other multi-family residential units must be equipped with a detector on or before January 1, 2013, not just those being sold.

For rentals, the Carbon Monoxide detector must be operable at the time the tenant takes possession. A tenant is responsible for notifying the owner or owner’s agent if the tenant becomes aware of an inoperable or deficient carbon monoxide detector within his or her unit. The owner or owner’s agent must correct any reported deficiencies in the carbon monoxide detector and will not be in violation of this section for a deficient or inoperable carbon monoxide detector when he or she has not received notice of the deficiency or inoperability.

The bottom line is that ALL SINGLE FAMILY residential dwelling units as of July 1, 2011 must have a CO detector, even those that are not being sold. All other dewlling units (multi-family, dormatories, hotels, motels, etc) must have CO detectors installed by January 1, 2013.

Carbon Monoxide Detector

Expect to see this new inspection item in your home inspection report. Home inspectors will be required to report on the presence or absence of a working Carbon Monoxide detector just like they report on Smoke Detectors, and water heater strapping.

Home Buyers and Sellers will also see this new requirement on Transfer Disclosure Statements. In addition to Smoke Alarms and strapped water heaters, sellers will be required to disclose the presence or absence of a working Carbon Monoxide detector starting July 1, 2011.

Details of SB 183

This bill requires that Transfer Disclosure Statements (TDS Forms) include a line items for Carbon Monoxide Detectors just like Smoke Detectors. This applies to homes intended for human occupancy that have a fossil fuel (gas or wood) burning appliance, fireplace, and/or an attached garage.

The remedy for failure to install a device is actual damages not to exceed $100, exclusive of any court costs and attorney’s fees. The Bill revises the statutory Real Estate Transfer Disclosure Statement to require the seller of a one-to-four residential property or manufactured home to make certain disclosures regarding carbon monoxide devices, smoke detectors, and water heaters, and requires the owner of a rental dwelling unit to maintain carbon monoxide devices in the unit (as of January 1, 2013).

Carbon Monoxide Poisoning Prevention Act of 2010

Details: As of July 1, 2011, Carbon Monoxide detectors will be REQUIRED in all houses (1 – 4 units) if they have any of the following:

Any gas appliances such as a gas stove, gas furnace, gas fireplace, gas water heater, etc.
A fireplace (even if it only burns wood, pellets, or any other material).
An attached garage (even if there are no gas appliances in the house!). Cars continue to emit CO even after they are shut off.
ANY rental dwelling that meets the criteria listed above. Yes this means that if you own a house, condo, or townhouse that you rent to another human being, you are REQUIRED to install Carbon Monoxide detectors.
As of January 1, 2013, ALL multi-family dwellings including multi-family dwellings that meet the criteria listed above will be required to have Carbon Monoxide detectors. Even those that are not being sold will be required to have them just like smoke detectors.

Be sure the home you are buying or selling is safe. A qualified home inspector will provide the information you need to feel confident about your home buying decision. Don’t compromise when choosing a home inspector. Be sure to ask if they will check for this.

You can read the entire new Carbon Monoxide Bill here.

The San Diego Real Estate Inspection Company feels that Carbon Monoxide detecors are as important, or more, than a traditional smoke detector. We will will add this as an inspection item effective immediately. We want to get this information out to buyers and sellers. Most Carbon Monoxide detectors cost $50 or less.

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Tags: Carbon Monoxide, Disclosure

This entry was posted on Sunday, June 27th, 2010 at 7:30 am and is filed under Health and Safety. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

26 Responses to “New Law Regarding Carbon Monoxide Detectors”

A friend of mine’s carbon monoxide tester keeps beeping for no reason, what should she do? | Siberia Mining Says:
July 17th, 2010 at 5:04 pm

[...] New Law Regarding Carbon Monoxide Detectors | Home Inspector San … [...]
agentnewswire.com Says:
November 7th, 2010 at 6:46 am

New California Law Regarding Carbon Monoxide Detectors…

California Home Inspectors will start checking for CO detectors after passage of new Disclosure Laws. California Senate Bill 183 was signed into law which requires the installation of Carbon Monoxide detectors in rental units, and dwellings that are be…
Ewan Sheriff Says:
November 26th, 2010 at 12:27 am

How the commercial and residential properties are treated differently by the real estate law.
pheller Says:
November 26th, 2010 at 8:07 am

Since people don’t typically sleep in commercial properties, they have not yet required Carbon Monoxide Detectors to be installed there. The danger is mostly associated where people sleep.
Ken Chastain Says:
December 9th, 2010 at 10:32 am

This bill requires that a carbon monoxide device be installed in existing dwellings intended for human occupancy that have a fossil fuel burning appliance, fireplace, or an attached garage. So why are they required in rental if the rental unit has none of the above.
pheller Says:
December 9th, 2010 at 1:39 pm

Hi Ken,

They are only required in dwellings that have an attached garage or gas burning appliances. The requirement to install them kicks in on January 1, 2011 for houses being sold (with garage or gas appliances) or rentals (with garage or gas appliances), even if the rentals are not being sold.

It will be required in all dwellings with a garage or gas appliances (including those that are not for sale) starting in 2013.
s. Peroff Says:
January 11th, 2011 at 6:07 pm

Does the law specify where the detectors are to be installed, how many, and are combination smoke detectors/carbon monoxide detectors allowed.
thank you
pheller Says:
January 15th, 2011 at 8:00 am

Unfortunately the law does not specify installation requirements. You can follow the manufacturer’s instructions. Ideally you would install a CO detector near the furnace, and in each sleeping room.
Tony Says:
January 19th, 2011 at 3:51 pm

How do we know which ones are approved by the state.
pheller Says:
March 8th, 2011 at 5:39 am

Not exactly. No one cares if you put one in your own house. Just like smoke detectors. You won’t be fined if you don’t have one.
It is required as a safety device when you rent a house to someone, and when houses are transfered to a new owner.
You also have a choice whether or not you want to take on the responsibility of owning a house/rental property or not.
Palvin Says:
May 14th, 2011 at 10:59 am

So, who is going to come to my house and check to see if I have a work CO detector installed in the dwelling that I own and occupy? What ever happened to private property rights?
49erDan Says:
May 14th, 2011 at 5:45 pm

I purchased a CO2 detector, the laws of physics show that CO2 is heaver than atmospheric air. So someone tell me why they recommend that the detector be installed high on a wall (not within 4″ from ceiling) instead of near the floor where CO2 hangs out?
pheller Says:
May 26th, 2011 at 4:49 am

One small correction. It is CO, not CO2. And you are correct. I would buy the plug in units or mount them lower on the wall. I think that the manufacturers believe that when a forced air unit is on, the CO will be detected anywhere. However many people get poisoned because they use a heating source such as a BBQ or fireplace.
pheller Says:
May 26th, 2011 at 4:51 am

No one. No one cares if you poison yourself. They are trying to get them into houses when they transfer ownership just like smoke detectors.
Damon Salinas Says:
June 3rd, 2011 at 8:50 am

LOL @ “no one cares if you poison yourself”!! Im a property manager, I have heard a few different conflicting statements about what kind of CO detector is required. Does it have to be one with a battery back up AND wired? What if the house is not wired for it…?
pheller Says:
June 3rd, 2011 at 10:38 am

It is my understanding that rental properties require hard-wired detectors.
GettingBy Says:
June 3rd, 2011 at 12:27 pm

I don’t think existing construction requires hard-wired devices. New construction, yes. Just like smoke detectors.
Cap Says:
June 8th, 2011 at 7:20 pm

Most people can see where this will go. My bet is that no two FD’s will require the same install
requirements unless the State Fire Marshall already has published one. Think about it, CO is colorless, odorless and heavier than air and will settle in all low areas. Basements and multi-story homes may, by definition, require/need more units than a one story single family dwelling. In addition to bedroom locations, gas appliances are the primary targets of this legislation. Ignorance of other sources, since most are portable, will still get people….and their children, killed. Let’s educate in the schools as we regulate.
Time to get a Carbon Monoxide Detector – new California law | Your trusted resource for Marin County real estate and community information | Your trusted resource for Marin County real estate and community information Says:
June 9th, 2011 at 11:26 pm

[...] is a new law regarding carbon monoxide poisoning: The Carbon Monoxide Poisoning Prevention Act of 2010 requires carbon monoxide detectors to be installed in each “dwelling unit intended for human [...]
pheller Says:
June 10th, 2011 at 8:06 pm

CO detectors installed in rentals are supposed to be hard-wired.
Joe Says:
June 14th, 2011 at 12:43 pm

Battery or hard wired? Either one is fine. Here is what the SB 183 itself says:

“13262. For purposes of this chapter, the following definitions shall apply:
(a) “Carbon monoxide device” means a device that meets all of the
following requirements:
(1) A device designed to detect carbon monoxide and produce a distinct,
audible alarm.
(2) A device that is battery powered, a plug-in device with battery backup,
or a device installed as recommended by Standard 720 of the National Fire
Protection Association that is either wired into the alternating current power
line of the dwelling unit with a secondary battery backup or connected to a
system via a panel.”

ftp://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0151-0200/sb_183_bill_20100507_chaptered.pdf
Hil Says:
June 16th, 2011 at 10:04 am

I manage a mixed-use (commercial/residential) building with underground parking, gas appliances in all, etc. Does the Carbon Monoxide Detector have to be in stalled in the parking garage, if so, how many? Also,
pheller Says:
June 19th, 2011 at 6:15 am

No, the CO detector needs to be installed in the living space near the sleeping rooms. That is where the poisoning hazard is the greatest.
K Says:
June 21st, 2011 at 6:33 am

How many people died in california last year from CO2 poisoning? Is this yet another thing to allow self justification for bigger government?
K Says:
June 21st, 2011 at 6:47 am

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1304855/
27to 58 people per year over a 10 year period. 31% of those alcohol was involved. A high percentage a motovehicle, hibachi or camping stove / tent was involved. Who is profiting from this law? Politicians, regulators and the industry making these devices. Is there no limit to what they can impose on the masses?
KennyC Says:
June 23rd, 2011 at 9:09 am

Some statements in this article conflict with what I see in the SB 183 and the Cal Fire news release. The references below state that CO detectors are required in *ALL* single family home July 1, 2011, whether being sold or not.

From http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0151-0200/sb_183_bill_20100507_chaptered.pdf

“[...]in each existing dwelling unit having a fossil fuel burning heater or appliance, fireplace, or an attached garage, within the earliest applicable time period as follows:
(1) For all existing single-family dwelling units intended for human occupancy on or before July 1, 2011.
(2) For all other existing dwelling units intended for human occupancy on or before January 1, 2013.
”

From http://www.fire.ca.gov/communications/downloads/newsreleases/2011/CarbonMonoxideDetectors.pdf

Though previous laws only required newly-constructed homes to have CO alarms, the state’s new Carbon
Monoxide Poisoning Prevention Act (Senate Bill 183) requires owners of all existing single-family homes with an attached garage or a fossil fuel source to install CO alarm devices within the home by July 1, 2011. Owners of multi-family leased or rental dwellings, such as apartment buildings, have until January 1, 2013 to comply with the law.

Please correct the misleading information in your site.