Carbon Monoxide Detectors Soon to be Required by New Law

According to the San Francisco Association of Realtors, a new law has been signed by Governor Schwarzenegger, SB 183, requiring installation of carbon monoxide detectors into single-family homes that have fossil fuel burning appliances, fireplaces or an attached garage. Many other states already have similar laws. This law would bring California up-to-date with other states by July 1, 2011.

Some additional details from the SFAR article:

The devices may be: 1) battery powered; or 2) a plug in device with a battery backup. They must be tested and certified pursuant to the American National Standards Institute (ANSI) and UL.

There are combination smoke detector and CO devices but they generally are more expensive and require unique placement in dwellings. As a consequence, purchasers are better off owning a simple CO device.

Single-family homeowners will be given a 30-day notice to correct a violation of this new law prior to being assessed a fine.

Owners of rental units will be required to install, test and maintain CO devices, however:

• For the first time in law, owners will be given a right to access a rental unit for the sole purpose of installing a new device upon the giving of a 24-hour notice; and
• For the first time in law, tenants will be required to notify the owner or manager if the device is inoperable or deficient. This will shift the burden to the tenant if the device becomes inoperable, i.e., the batteries have been removed or the unit is unplugged.
• For the first time in law, the owner or manager will be required to correct the inoperabilities or deficiencies following notice by the tenant and will not be found in violation of the law unless the tenant has notified the owner or manager.

At least one device must be installed on each floor of the dwelling.

The transfer disclosure statement (TDS) for single-family one to four units will be amended to require the owner to disclose if the property has one or more CO devices. Unlike smoke detectors, CO devices must be replaced. The requirement is to replace them every 7 years. Purchasers, for that reason, should always check the date of manufacture.