BROKER RISK MANAGEMENT
WEEKLY PRACTICE TIP
CO Detectors in Residences – Updated
1. BACKGROUND: A new California law requires all “dwelling units intended for human occupancy” that have fossil fuel-burning appliances, fireplaces, or an attached garage to be retrofitted with a carbon monoxide (CO) detection device.
“Dwelling unit intended for human occupancy” means a single-family dwelling, factory-built home, duplex, lodging house, dormitory, hotel, motel, condominium, stock cooperative, time-share project, or dwelling unit in a multiple-unit dwelling unit building or buildings.
2. EFFECTIVE DATES FOR COMPLIANCE:
A. Single-Family Dwellings (SFR’s, whether owner-occupied or rental) on or before July 1, 2011.
B. For all other dwellings, including condos, etc., owners will be required to install the devices on or before January 1, 2013.
3. TYPES OF DEVICES REQUIRED: The devices may be battery-powered, or a plug-in device with a battery back-up; and must be tested and certified pursuant to the American National Standards Institute (ANSI) and UL. The cost of devices range from as low as $20.00 to as much as $200.00. Some are combined with smoke detectors.
Unlike smoke detectors, CO devices must be replaced at least every 7 years. For this reason, when selling a residential property, disclosure of the existence of the device and its operability may not be sufficient, if the device is more than 7 years old. Some devices are equipped with an alert that the device is 60+ months old, signaling the necessity of replacing it.
4. ENFORCEMENT:
A. SINGLE FAMILY: Single-family homeowners will be given a 30-day notice to correct a violation of this new law prior to being assessed a fine.
B. ALL OTHER “DWELLING UNITS”: After January 1, 2013, Landlords will be required to install, test and maintain CO devices in rental units, as follows:
1. The CO device shall be operable at the time the tenant takes possession.
2. Landlords 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
3. Tenants will be responsible 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. Upon receiving notice from the tenant, the owner or owner’s agent is required to correct any reported deficiencies or inoperabilities in the CO device.
4. The landlord or manager will be required to correct the device after notice by the tenant and will not be in violation of the law unless the tenant has notified the owner or manager.
5. INSTALLATION OF THE CO DEVICES: Regarding installation of the CO devices, the statute states:
“With respect to the number and placement of carbon monoxide devices, an owner shall 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.”
A. Manufacturer’s Instructions: A major manufacturer of these CO devices, Kidde Company, makes the following recommendations.
- Every home with at least one fuel-burning appliance/heater, attached garage or fireplace should have a CO alarm.
- If the home has only one CO alarm, it should be installed in the main bedroom or in the hallway outside of the sleeping area.
- An alarm should be installed on every level of the home and in sleeping areas.
- Place the alarm at least 15 feet away from fuel-burning appliances.
- Make sure nothing is covering or obstructing the unit.
- Do not place the unit in dead air spaces or next to a window or door.
B. Building Standards: According to CAR, 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 $1,000 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.
NOTE: The statute allows local jurisdictions to enact additional CO detector installation requirements so long as they do not conflict with the state law. Brokers should encourage local Associations of REALTORS® to check with area cities and counties for more strict local ordinances.
6. TRANSFER DISCLOSURE STATEMENT AMENDMENT: The transfer disclosure statement (TDS) for single-family one to four units has been amended effective January 1, 2011 to require the owner to disclose if the property has one or more CO devices.
(NOTE: This is because any change to the TDS must be made by statute, and most statutes automatically go into effect on January 1st of the following year.)
As a result, this new TDS MUST be used for all TDS’s delivered after January 1, 2011, thus disclosing if the property has “CO Device(s),” even though the earliest requirement for CO devices to be installed is July 1, 2011.
However, the TDS disclosure does not indicate if the CO devices have been installed in accordance with legal requirements (see the disclaimer on page 2 of the TDS). For this reason, buyer agents should ask home inspectors to check the CO devices to determine if they have been installed to meet the requirements of the law.
PRACTICE TIPS:
1. Use the new TDS, with the disclosure of the CO devices, whenever delivering a TDS to a buyer or buyer’s agent after January 1, 2011.
2. All residential dwellings, other than single family dwellings, do not have to comply with this law until January 1, 2013.
3. Because many property owners will likely not comply with this law when required to do so, the effect will be that, like the smoke detector “Statement of Compliance,” the actual compliance will not occur in many instances until the property is sold. So, it will be the real estate agents (once again) who will be helping to bring properties into compliance.
4. Buyer agents should ask home inspectors to routinely check the CO devices for compliance and report their findings in their inspection report.
5. Agents should not determine the number or placement of CO devices in a property. This should be up to the seller or buyer to make that determination based on the law or the manufacturer’s suggested installation instructions.
For more information see the CAR Legal Q&A on this subject at:
http://www.car.org/legal/disclosure-folder/carbon-monoxide-detectors/
DO NOT FORWARD TO CLIENTS. This Weekly Practice Tip is for the exclusive use of clients of Broker Risk Management and their agents. It may not be reproduced or distributed without the express written consent of Broker Risk Management. The advice and recommendations contained herein are not necessarily indicative of standards of care in the industry, but rather are intended to suggest good risk management practices.
© Copyright Broker Risk Management 2011 6/23/11 — Updated 04/17/12