New Law Regarding Carbon Monoxide Detectors

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, if a 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.

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.

Carbon Monoxide Detector

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.

Placement of CO Detectors

The Consumer Production Safety Commission recommends that one CO detector be installed in the hallway outside the bedrooms in each separate sleeping area of the home.  CO detectors may be installed into a plug-in receptacle or high on the wall because CO from any source will be well-mixed with the air in the house.  General recommendations include:

• Near the sleeping area, where it can wake you if you are asleep.

• Additional detectors on every level and in every bedroom of a home provide extra protection against carbon monoxide poisoning.

• Homeowners should not to install carbon monoxide detectors directly above or beside fuel-burning appliances, as appliances may emit a small amount of carbon monoxide upon start-up.

• A detector should not be placed within fifteen feet of heating or cooking appliances or in or near very humid areas such as bathrooms.

• Installation locations vary by manufacturer. Therefore, homeowners should read and follow the provided installation manual for each detector before installing. Manufacturers' recommendations differ to a certain degree based on research conducted with each one's specific detector.

• Insure that furniture or draperies cannot obstruct up the alarm.