Q 1. What is carbon monoxide?
A Carbon monoxide is a gas produced whenever any fuel, such
as gas, oil, kerosene, wood, or charcoal, is burned. A person cannot see
or smell carbon monoxide. However, at high levels carbon monoxide can kill
a person in minutes.
In addition,
there are well-documented chronic health effects of acute carbon monoxide
poisoning from exposure to carbon monoxide, such as lethargy, headaches,
concentration problems, amnesia, psychosis, Parkinson’s disease, memory
impairment, and personality alterations.
(Cal. Health & Safety Code § 13261.)
Q 2. Is there a new California law dealing with the issue of carbon
monoxide poisoning?
A Yes. The Carbon Monoxide Poisoning Prevention Act of
2010 (Cal. Health & Safety Code §§ 13260 et
seq.) was signed into law this year. It requires carbon
monoxide detectors to be installed in every “dwelling unit intended for human
occupancy.” The California legislature also modified both the
TDS (for residential one-to-four unit real property) and MHTDS (for
manufactured homes and mobilehomes) to include a reference to carbon monoxide
detector devices. See below for more details.
Q 3. What is a carbon monoxide detector?
A It is a relatively inexpensive device similar to a smoke
detector that signals detection of carbon monoxide in the air. Under the
law, a carbon monoxide device is “designed to detect carbon monoxide and
produce a distinct audible alarm.” It can be 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.
If the carbon monoxide device is combined with a smoke detector, it must emit
an alarm or voice warning in a manner that clearly differentiates between a
carbon monoxide alarm warning and a smoke detector warning.
The carbon monoxide device must have been tested and certified pursuant to the
requirements of the American National standards Institute (ANSI) and
Underwriters Laboratories Inc. (UL) as set forth in either ANSI/UL 2034 or
ANSI/UL 2075, or successor standards, by a nationally recognized testing
laboratory listed in the directory of approved testing laboratories established
by the Building Materials Listing Program of the Fire Engineering Division of
the Office of the State Fire Marshal of the Department of Forestry and Fire
Protection.
(Cal. Health & Safety Code § 13262.)
Q 4. How does a homeowner comply with this law?
A Every owner of a “dwelling unit intended for human
occupancy” must install an approved carbon monoxide device in each existing
dwelling unit having a fossil fuel burning heater or appliance, fireplace, or
an attached garage.
The applicable time periods are as follows:
(1) For
all existing single-family dwelling units on or before July 1, 2011.
(2) For
all other existing dwelling units on or before Jan. 1, 2013.
(Cal. Health
& Safety Code § 17926(a).)
Q 5. How many devices and where do I place them in the home?
A This new law requires the owner “to install the devices in
a manner consistent with building standards applicable to new construction for
the relevant type of occupancy or with the manufacturer’s instructions, if it
is technically feasible to do so” (Cal. Health & Safety Code § 17926(b)).
The following language comes packaged with carbon monoxide (CO) detectors:
For minimum
security, a CO Alarm should be centrally located outside of each separate
sleeping area in the immediate vicinity of the bedrooms. The Alarm should
be located at least 6 inches (152mm) from all exterior walls and at least 3
feet (0.9 meters) from supply or return vents.
Building
standards applicable to new construction are as follows (overview summary
only):
• Section
R315 et seq.
of the 2010 edition California Residential Code (CRC) [effective Jan. 1, 2011]
(applicable to new one-to-two family dwellings and townhouses not more than 3
stories and also where work requiring a permit for alterations, repairs or
additions exceeding one thousand dollars in existing dwellings units):
Installed
outside of each separate sleeping area in the immediate vicinity of the
bedroom(s) in dwelling units and on every level including basements within
which fuel-fired appliances are installed and in dwelling units that have
attached garages.
• Section
420 et seq of the 2010 edition California Building Code (CBC) [effective Jan.
1, 2011] (applicable to other new dwelling units and also where a permit is
required for alterations, repairs or additions exceeding $1,000 in existing
dwelling units):
Installed
outside of each separate sleeping area in the immediate vicinity of the
bedroom(s) in dwelling units and on every level including basements within
which fuel-fired appliances are installed and in dwelling units that have
attached garages.
Q 6. Are there any penalties for noncompliance with this law regarding
installation of carbon monoxide detector devices?
A Yes. A violation is an infraction punishable by a maximum
fine of $200 for each offense. However, a property owner must receive a 30-day
notice to correct first. If an owner who receives such a notice fails to
correct the problem within the 30-day period, then the owner may be assessed
the fine. (Cal. Health & Safety Code § 17926(c).)
Q 7. Can a buyer of a “dwelling unit intended for human occupancy”
rescind the sale if the dwelling doesn’t have the necessary carbon monoxide
detectors?
A No. However, the buyer may be entitled to an award of
actual damages not to exceed $100 plus court costs and attorney’s fees.
(Cal. Health & Safety Code § 17926(d).)
Note the following language in the TDS and MHTDS:
Installation of
a listed appliance, device, or amenity is not a precondition of sale or
transfer of the dwelling. The carbon monoxide device, garage door opener, or
child-resistant pool barrier may not be in compliance with the safety standards
relating to, respectively, carbon monoxide device standards of Chapter 8
(commencing with Section 13260) of Part 2 of Division 12 of, automatic
reversing device standards of Chapter 12.5 (commencing with Section 19890) of
Part 3 of Division 13 of, or the pool safety standards of Article 2.5
(commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of,
the Health and Safety Code. Window security bars may not have quick-release
mechanisms in compliance with the 1995 edition of the California Building
Standards Code.
Q 8. Does a seller have any special carbon monoxide disclosure
obligations?
A No. The only disclosure obligations are satisfied
when providing a buyer with the TDS or the MHTDS. If the seller is exempt
from giving a TDS, the law doesn’t require any specific disclosures regarding
carbon monoxide detector devices. (See Cal. Civ. Code §§ 1102.6,
1102.6d.)
The Homeowners’ Guide to Environmental Hazards also will include
information regarding carbon monoxide.
Q 9. May local municipalities require more stringent standards for
carbon monoxide detectors?
A Yes (Cal. Health & Safety Code § 17926(e)).
Q 10. Do landlords have any special obligations regarding carbon
monoxide detectors?
A Yes. All landlords of dwelling units must install
carbon monoxide detectors as indicated in Question 4. The law gives a
landlord authority to enter the dwelling unit for the purpose of installing,
repairing, testing, and maintaining carbon monoxide devices “pursuant to the
authority and requirements of Section 1954 of the Civil Code [entry by
landlord].”
The carbon monoxide device must be operable at the time that a tenant takes
possession. However, the tenant has the responsibility of notifying the
owner or owner’s agent if the tenant becomes aware of an inoperable or
deficient carbon monoxide device. The landlord is not in violation of the
law for a deficient or inoperable carbon monoxide device if he or she has not
received notice of the problem from the tenant.
(Cal. Health & Safety Code § 17926.1.)
Q 11. If the California Building Standards Commission adopts or updates
building standards relating to carbon monoxide devices in the future, is the
owner required to install the newer device?
A It depends. Yes, when the owner makes an
application for a permit for alterations, repairs, or additions to that dwelling
unit with the cost exceeding $1,000. (Cal. Health & Safety Code §
17926.2(b).)
Q 12. Where
can I obtain additional information?
A This legal article is just one of the many legal publications
and services offered by C.A.R. to its members. For a complete listing of
C.A.R.'s legal products and services, please visit car.org.
Readers
who require specific advice should consult an attorney.
