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Carbon Monoxide Detectors

State Statutes

Alaska | Connecticut | Florida | Illinois | Maryland | Massachusetts|  Minnesota | New Jersey | New York | Rhode Island | Texas | Vermont | Virginia | Wisconsin | West Virginia

State	Citation	Summary
Alaska	Alaska Stat. § 18.70.095 - Smoke and Carbon Monoxide Detection Devices	Relates to the devices, including carbon monoxide detection devices, required in dwellings; provides that such devices must be installed and maintained in all qualifying dwelling units in the state; provides that smoke detection devices must be of a type and installed in a manner approved by the state fire occupancy. Requiresmarshall; provides that carbon monoxide detection devices must have an alarm and be installed and maintained according to manufacturers' recommendations; includes rentals.
Connecticut	Conn. Gen. Stat. § 29-292 - Fire Safety Code. Carbon monoxide and smoke detection and warning equipment. Certificate of occupancy.	Requires the installation of carbon monoxide detectors in new residential buildings; protects individuals and families from carbon monoxide poisoning in their homes; includes new residential buildings meant to be occupied by one or two families.
Florida	Fla. Stat. § 553.885 – Carbon monoxide alarm required Fla. Stat. § 509.211 – Safety Regulations	Requires that every building for which a building permit is issued for new construction on or after July 1, 2008, and having a fossil-fuel-burning heater or appliance, a fireplace, or an attached garage shall have an approved operational carbon monoxide alarm installed within 10 feet of each room used for sleeping purposes. Requires that every enclosed space or room that contains a boiler regulated under chapter 554 which is fired by the direct application of energy from the combustion of fuels and that is located in any portion of a public lodging establishment that also contains sleeping rooms shall be equipped with one or more carbon monoxide sensor devices that bear the label of a nationally recognized testing laboratory and have been tested and listed as complying with the most recent Underwriters Laboratories, Inc., Standard 2034, or its equivalent, unless it is determined that carbon monoxide hazards have otherwise been adequately mitigated as determined by the division. Such devices shall be integrated with the public lodging establishment's fire detection system.
Illinois	430 Ill. Comp. Stat. § 135/ -- Carbon Monoxide Alarm Detector Act	Requires that every dwelling unit shall be equipped with at least one approved carbon monoxide alarm in an operating condition within 15 feet of every room used for sleeping purposes.  Every structure that contains more than one dwelling unit shall contain at least one approved carbon monoxide alarm in operating condition within 15 feet of every room used for sleeping purposes.
Maryland	Md. Code Ann., Pub. Safety § 12-1101 to 1106 – Carbon Monoxide Alarms Md. Code Ann., Pub. Safety § 10-702 -- Single family residential real property disclosure req.	Requires the installation of carbon monoxide alarms outside of each sleeping area or within a certain distance of carbon monoxide-producing equipment within certain dwellings; prohibits a person from disabling a carbon monoxide alarm; clarifies that this does not prevent a local entity from enacting more stringent requirements; provides that a vendor of a single family dwelling shall disclose if the property relies on fossil fuel combustion for heat and whether carbon monoxide alarms are installed. The disclosure form shall include a list of defects, including latent defects, or information of which the vendor has actual knowledge in relation to the following...If the property relies on the combustion of a fossil fuel for heat, ventilation, hot water, or clothes dryer operation, whether a carbon monoxide alarm is installed on the property.
Massachusetts	Mass. Gen. Laws Ann. ch. 148, § 26f1/2 Mass. Gen. Laws Ann. ch. 148 § 27A	Requires that every dwelling, building or structure occupied in whole or in part for residential purposes that contains fossil-fuel burning equipment or incorporates enclosed parking within its structure shall be equipped by the owner with working, approved carbon monoxide alarms.  No person shall shut off, disconnect, obstruct, remove or destroy, or cause or permit to be shut off, disconnected, obstructed, removed or destroyed, any part of any sprinkler system, water main, hydrant or other device used for fire protection or carbon monoxide detection and alarm in any building owned, leased or occupied by such person or under his control or supervision, without first procuring a written permit so to do from the head of the fire department of the city or town wherein such building is situated, which permit such head is hereby authorized to issue subject to such terms and conditions as, in his judgment, protection against fire and the preservation of the public safety may require.
Minnesota	Minn. State. § 299F.50 to .51 – Carbon Monoxide Alarms	Requires that every single family dwelling and every dwelling unit in a multifamily dwelling must have an approved and operational carbon monoxide alarm installed within ten feet of each room lawfully used for sleeping purposes.
New Jersey	N.J. Stat. Ann. § 52:27D-133.3 to 133.5 – Carbon monoxide sensor device required for issuance of certificate of occupancy N.J. Stat. Ann. § 55:13A-7.17 – Carbon monoxide sensor device required in hotel, multiple dwelling	Requires installation of carbon monoxide detectors in single and two-family homes upon initial occupancy or change of occupancy. Requires every unit of dwelling space in a hotel or multiple dwelling be equipped with one or more carbon monoxide sensor devices unless it is determined that no potential carbon monoxide hazard exists for that unit.
New York	N.Y. Exec. Law § 378 – Standards for New York state uniform fire prevention and building code.	Requires New York Fire Prevention and Building Code to adopt standards for installation of carbon monoxide detectors requiring that every one or two-family dwelling constructed or offered for sale after July thirtieth, two thousand two, any  dwelling accommodation located in a building owned as a condominium or cooperative in the state constructed or offered for sale after July thirtieth, two thousand two, or any multiple dwellings constructed or offered for sale after August ninth, two thousand five shall  have installed an operable carbon monoxide detector of such manufacture, design and installation standards as are established by the council. Carbon monoxide detectors required by this section are required only where the dwelling unit has appliances, devices or systems that may emit carbon  monoxide or has an attached garage.
Rhode Island	R.I. Gen. Laws § 23-28.1-2 – Purposes.	Requires Rhode Island Fire Safety Code provide reasonable standards for the installation of smoke and carbon monoxide detectors in private dwellings occupied by one (1), two (2), and three (3) families; provided, further, that after July 1, 2008, three (3) family dwellings shall be equipped with hard wired or supervised interconnected UL approved wireless smoke and carbon monoxide detectors, in accordance with standards established by the Fire Safety Code Board of Appeal and Review.  The code adopted pursuant to this legislation, the Rhode Island Uniform Fire Code (RIUFC), requires carbon monoxide detectors in all apartment buildings, dormitories, lodging and rooming houses, one-, two- and three-family dwellings and child day-care facilities (http://www.fsc.ri.gov/documents/RhodeIslandFireSafetyCode.pdf)
Texas	Tex. Health & Safety Code Ann. § 42.060 – Carbon Monoxide Detectors. Tex. Health & Safety Code Ann. § 766.003 - Information Relating to Fire Safety and Carbon Monoxide Dangers	Requires that qualifying day-care centers, group day-care homes, and family homes must be equipped with carbon monoxide detectors.  Requires the state prepare information relating to the availability of carbon monoxide detectors, their use in preventing carbon monoxide poisoning; and the need to properly use and maintain fossil fuel-burning appliances.
Vermont	Vt. Stat. Ann. titl. 9 § 2881 to 2883 – Smoke Detectors and Carbon Monoxide Detectors	Requires that A person who constructs a single-family dwelling shall install one or more smoke detectors, and one or more carbon monoxide detectors in the vicinity of any bedrooms in the dwelling in accordance with the manufacturer's instructions. In a dwelling provided with electrical power, detectors shall be powered by the electrical service in the building and by battery.   Statute says that nothing in this section shall require an owner or occupant of a single-family dwelling to maintain or use a smoke detector or a carbon monoxide detector after installation.
Virginia	Va. Code Ann. § 55-248.16 - Tennant to maintain dwelling unit.	Prohibits the tenant from removing or tampering with a carbon monoxide detector installed by a landlord.
Wisconsin	Wis. Stat. Ann. § 101.149 - Carbon monoxide detectors	Requires installation of carbon monoxide detectors in certain areas of residential buildings (defined as a tourist rooming hosue, a bed and breakfast, or any public building that is used for sleeping or lodging purposes).  Sets forth installation requirements, obligations and liabilities for owners of such residential buildings.
West Virginia	W. Va. Code § 29-3-16a - Smoke detectors in one- and two-family dwellings; carbon monoxide detectors in residential units; penalty	Requires installation of carbon monoxide detectors in any residential unit built after July 1, 1998 that has a fuel-burning cooking or heating source or which is connected to a building (e.g., garage) that has a fuel-burning heating or cooking source.  Any person installing a carbon monoxide detector or repairing a fule-burning cooking or heating applicance must inform owner or occupants of dangers of carbon monoxide poisoning.

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The above abstracts state statutes.  This report is the property of the National Conference of State Legislatures (NCSL) and is intended as a reference for state legislators and their states.  NCSL makes no warranty, expressed or implied, or assumes any legal liability or responsibility for third party use of this information, or represents that its use by such third party would not infringe on privately owned rights.

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