Attention California Homeowners: if you haven't installed a carbon monoxide detector in your home or rental property, hurry up and get it done! The deadline to comply with the Carbon Monoxide Poisoning Prevention Act of 2010 is July 1.
Carbon monoxide (CO) is a colorless, odorless gas that’s produced whenever fuels such as gas, oil, kerosene, wood or charcoal are burned. Many heaters, fireplaces and furnaces emit CO. Low levels of carbon monoxide exposure can make victims feel like they are suffering from the flu, and higher levels can be lethal.
The Carbon Monoxide Poisoning Prevention Act of 2010 requires carbon monoxide detectors be installed in each “dwelling unit intended for human occupancy” having a fossil fuel burning heater or appliance, fireplace, or an attached garage by July 1, 2011 for single family residences and by January 1, 2013 for all other dwellings.
Carbon monoxide detectors are relatively inexpensive ($25 – $65). Under the law, a carbon monoxide device is “designed to detect carbon monoxide and produce a distinct audible alarm,” much like a smoke detector. It can be battery powered, or a plug-in device with battery backup.
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. “
A violation of this law 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.
All landlords of dwelling units must install carbon monoxide detectors as indicated above. 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.
To read more about the Carbon Monoxide Poisoning Prevention Act, click here.
