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Smoke and Carbon Monoxide Alarms Codes

Smoke and Carbon Monoxide Alarms

States

Analysis

As of January 2010 24 states have enacted laws regarding carbon monoxide detectors or smoke alarms: Alaska, Connecticut, Florida, Georgia, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Montana, New Hampshire, New Jersey, New York, North Carolina, Oregon, Rhode Island, Texas, Utah, Vermont, Virginia, Washington, West Virginia and Wisconsin. Only Alaska and North Carolina require both alarms. Virginia does not require a detector but prohibits persons from tampering or removing a detector. Alaska requires detectors approved by the state fire marshal installed in all dwellings. Connecticut requires detectors in all new construction. Florida also requires them in new construction, and in every room with a boiler.

Regarding carbon monoxide detectors, most of the requirements are recent. North Carolina and Alaska require carbon monoxide alarms and place responsibilities on both the landlord and tenant. Texas requires a carbon monoxide detector in day-care centers. Wisconsin requires them in public building that sleep people. Virginia prohibits the removal of detectors by tenants. Illinois requires a detector within 15 feet of every sleeping room; Massachusetts and Minnesota requires them with 10 feet. New Jersey requires them installed at occupancy.

New York amended their Fire Prevention and Building Code to require the installation of detectors. North Carolina and West Virginia require detectors in every dwelling with a fossil fuel burning heater, fireplace or attached garage.

Regarding smoke alarms, all but Indiana and Virginia require the landlord to act. Indiana and Virginia address only the tenant’s duties. North Carolina is unusual because it only requires the tenant to notify the landlord about maintaining the alarms, including replacing batteries. Oregon requires the tenant to test the smoke alarm every six months. Washington requires the landlord to provide tenants with a specific notice about the tenant’s responsibilities regarding the smoke alarm as well as other key features in the property’s fire safety and protection program.

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 marshal; provides that carbon monoxide detection devices must have an alarm and be installed and maintained according to manufacturers' recommendations; includes rentals.

34.03.100. Landlord to maintain fit premises

(a) The landlord shall
(7) provide smoke detection devices and carbon monoxide detection devices as required under AS 18.70.095.

34.03.120. Tenant obligations

(a) The tenant
(7) shall maintain smoke detection devices and carbon monoxide detection devices as required under AS 18.70.095.

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

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.

Fla. Stat. § 509.211 – Safety Regulations

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.

83.51. Landlord's obligation to maintain premises

(2) (b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term “smoke detection device” means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards.

Georgia

Sec. R313.4.1 of the Ga. State Minimum Standard One and Two Family Dwelling Code (International Residential Code for One- and Two-Family Dwellings with Georgia State Amendments) adopted pursuant to Ga. Code Ann. § 8-2-20.

Requires carbon monoxide detectors be installed in general sleeping areas in all new one- and two-family homes and townhomes of three stories or less.

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.

Indiana

32-31-7-5 Duties of tenant during occupancy

(6) Ensure that each smoke detector installed in the tenant's rental unit remains functional and is not disabled. If the smoke detector is battery operated, the tenant shall replace batteries in the smoke detector as necessary. If the smoke detector is hard wired into the rental unit's electrical system, and the tenant believes that the smoke detector is not functional, the tenant shall provide notice to the landlord under IC 22-11-18-3.5(e)(2).

Maine

Me. Rev. Stat. Ann. tit. 25, § 2468 – Carbon monoxide detectors

Requires that all single-family dwellings and multiapartment buildings, newly constructed single-family dwellings and rental units have smoke detectors and at least one carbon monoxide detector in an area within or giving access to a bedroom; requires the detectors in multifamily dwellings and newly constructed single-family dwellings to be powered by both the electrical service in the building and by battery.

Maryland

Md. Code Ann., Pub. Safety § 12-1101 to 1106 – Carbon Monoxide Alarms

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.

Massachusetts

Mass. Gen. Laws Ann. ch. 148, § 26f1/2

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.

Michigan

Mich. Comp. Laws Ann. § 125.1504d

Requires newly constructed boarding houses, hotels, motels and other residential buildings where occupants are primarily transient in nature to install an operational carbon monoxide device in each area where a mechanism is present that provides a common source of heat from a fossil-fuel-burning furnance, boiler or water-heater.

Mich. Comp. Laws Ann. § 125.1504f

Authorizes the Director of the Department of Consumer and Industry Services to provide for the installation of at least one carbon monoxide device in the vicinity of bedrooms within newly constructed or renovated single-family or mulitfamily dwellings.

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.

Montana

70-24-303. Landlord to maintain premises -- agreement that tenant perform duties -- limitation of landlord's liability for failure of smoke detector.

(1) A landlord:
(h) shall install, in accordance with rules adopted by the department of justice, an approved smoke detector in each dwelling unit under the landlord's control.
Upon commencement of a rental agreement, the landlord shall verify that the smoke detector in the dwelling unit is in good working order. The tenant shall maintain the smoke detector in good working order during the tenant's rental period. For purposes of this subsection, an approved smoke detector is a device that is capable of detecting visible or invisible particles of combustion and that bears a label or other identification issued by an approved testing agency having a service for inspection of materials and workmanship at the factory during fabrication and assembly.
(5) The landlord is not liable for damages caused as a result of the failure of the smoke detector required under subsection (1)(h).

New Hampshire

N.H. Rev. Stat. Ann. § 150:10-a

Requires the installation of carbon monoxide detectors in rental units and in single and multi-family dwellings built or substantially rehabilitated after January 1, 2010.

New Jersey

N.J. Stat. Ann. § 52:27D-133.3 to 133.5 – Carbon monoxide sensor device required for issuance of certificate of occupancy

Requires installation of carbon monoxide detectors in single and two-family homes upon initial occupancy or change of occupancy.

N.J. Stat. Ann. § 55:13A-7.17 – Carbon monoxide sensor device required in hotel, multiple dwelling

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.

North Carolina

42-42. Landlord to provide fit premises

(a) The landlord shall:
(5) Provide operable smoke detectors, either battery-operated or electrical, having an Underwriters' Laboratories, Inc., listing or other equivalent national testing laboratory approval, and install the smoke detectors in accordance with either the standards of the National Fire Protection Association or the minimum protection designated in the manufacturer's instructions, which the landlord shall retain or provide as proof of compliance. The landlord shall replace or repair the smoke detectors within 15 days of receipt of notification if the landlord is notified of needed replacement or repairs in writing by the tenant. The landlord shall ensure that a smoke detector is operable and in good repair at the beginning of each tenancy. Unless the landlord and the tenant have a written agreement to the contrary, the landlord shall place new batteries in a battery-operated smoke detector at the beginning of a tenancy and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered as negligence on the part of the tenant or the landlord.

(7) Provide a minimum of one operable carbon monoxide detector per rental unit per level, either battery operated or electrical, that is listed by a nationally recognized testing laboratory that is OSHA-approved to test and certify to American National Standards Institute/Underwriters Laboratories Standards ANSI/ UL2034 or ANSI/UL2075, and install the carbon monoxide detectors in accordance with either the standards of the National Fire Protection Association or the minimum protection designated in the manufacturer's instructions, which the landlord shall retain or provide as proof of compliance. A landlord that installs one carbon monoxide detector per rental unit per level shall be deemed to be in compliance with standards under this subdivision covering the location and number of detectors. The landlord shall replace or repair the carbon monoxide detectors within 15 days of receipt of notification if the landlord is notified of needed replacement or repairs in writing by the tenant. The landlord shall ensure that a carbon monoxide detector is operable and in good repair at the beginning of each tenancy. Unless the landlord and the tenant have a written agreement to the contrary, the landlord shall place new batteries in a battery-operated carbon monoxide detector at the beginning of a tenancy, and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered as negligence on the part of the tenant or the landlord. A carbon monoxide detector may be combined with smoke detectors if the combined detector does both of the following:
(i) complies with ANSI/UL2034 or ANSI/UL2075 for carbon monoxide alarms and ANSI/UL217 for smoke detectors; and
(ii) emits an alarm in a manner that clearly differentiates between detecting the presence of carbon monoxide and the presence of smoke.

This subdivision applies only to dwelling units having a fossil-fuel burning heater or appliance, fireplace, or an attached garage. Any operable carbon monoxide detector installed before January 1, 2010, shall be deemed to be in compliance with the provisions of this subdivision.

§ 42-43. Tenant to maintain dwelling unit

(a) The tenant shall:
(7) Notify the landlord, in writing, of the need for replacement of or repairs to a smoke detector or carbon monoxide detector. The landlord shall ensure that a smoke detector and carbon monoxide detector are operable and in good repair at the beginning of each tenancy. Unless the landlord and the tenant have a written agreement to the contrary, the landlord shall place new batteries in a battery-operated smoke detector and battery-operated carbon monoxide detector at the beginning of a tenancy and the tenant shall replace the batteries as needed during the tenancy. Failure of the tenant to replace the batteries as needed shall not be considered as negligence on the part of the tenant or the landlord.

Oregon

90.320. Maintenance of unit in habitable condition

(1) A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks:
(j) Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the tenant first takes possession of the premises, as provided in ORS 479.270, but not to include the tenant's testing of the smoke alarm or smoke detector as provided in ORS 90.325 (6).

90.325. Reasonable use of premises; cleanliness; smoke detectors; behavior

(1) The tenant shall:
(f) Test at least once every six months and replace batteries as needed in any smoke alarm, smoke detector or carbon monoxide alarm provided by the landlord and notify the landlord in writing of any operating deficiencies.
(2) A tenant may not:
(a) Remove or tamper with a smoke alarm, smoke detector or carbon monoxide alarm as described in ORS 479.300 or section 6 of this 2009 Act.

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 (see http://www.fsc.ri.gov/documents/RhodeIslandFireSafetyCode.pdf).

Texas

Tex. Health & Safety Code Ann. § 42.060 – Carbon Monoxide Detectors.

Requires that qualifying day-care centers, group day-care homes, and family homes must be equipped with carbon monoxide detectors.

Utah

Utah Admin. Code § R156-56-802(16)

Requires carbon monoxide alarms on each habitable level in new residential structures regualted by state residential code that are equipped with fuel burning appliances.

Utah Code Ann. § 10-8-53.5

Prohibits a municipality from enforcing any ordinance, rule or regulation requiring the installation or maintenance of carbon monoxide detectors in a residential dwelling against anyone other than the occupant of the dwelling. Does not affect building permit applicants where building code requires the installation of carbon monoxide detectors as part of new construction.

Utah Code Ann. § 17-50-327

Prohibits a county from enforcing any ordinance, rule or regulation requiring the installation or maintenance of carbon monoxide detectors in a residential dwelling against anyone other than the occupant of the dwelling. Does not affect building permit applicants where building code requires the installation of carbon monoxide detectors as part of new construction.

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

Tenant Obligations
§ 55-248.16. Tenant to maintain dwelling unit

A. In addition to the provisions of the rental agreement, the tenant shall:
7. Not remove or tamper with a properly functioning smoke detector installed by the landlord, including removing any working batteries, so as to render the detector inoperative;
8. Not remove or tamper with a properly functioning carbon monoxide detector installed by the landlord, including removing any working batteries, so as to render the carbon monoxide detector inoperative.

Washington

59.18.060. Landlord--Duties

The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular:

(11)(a) Provide a written notice to all tenants disclosing fire safety and protection information. The landlord or his or her authorized agent must provide a written notice to the tenant that the dwelling unit is equipped with a smoke detection device as required in *RCW 48.48.140. The notice shall inform the tenant of the tenant's responsibility to maintain the smoke detection device in proper operating condition and of penalties for failure to comply with the provisions of *RCW 48.48.140(3). The notice must be signed by the landlord or the landlord's authorized agent and tenant with copies provided to both parties. Further, except with respect to a single-family residence, the written notice must also disclose the following:
(i) Whether the smoke detection device is hard-wired or battery operated;
(ii) Whether the building has a fire sprinkler system;
(iii) Whether the building has a fire alarm system;
(iv) Whether the building has a smoking policy, and what that policy is;
(v) Whether the building has an emergency notification plan for the occupants and, if so, provide a copy to the occupants;
(vi) Whether the building has an emergency relocation plan for the occupants and, if so, provide a copy to the occupants; and
(vii)Whether the building has an emergency evacuation plan for the occupants and, if so, provide a copy to the occupants.
(b) The information required under this subsection may be provided to a tenant in a multifamily residential building either as a written notice or as a checklist that discloses whether the building has fire safety and protection devices and systems. The checklist shall include a diagram showing the emergency evacuation routes for the occupants.
(c) The written notice or checklist must be provided to new tenants at the time the lease or rental agreement is signed, and must be provided to current tenants as soon as possible, but not later than January 1, 2004.

59.18.130. Duties of tenant

Each tenant shall pay the rental amount at such times and in such amounts as provided for in the rental agreement or as otherwise provided by law and comply with all obligations imposed upon tenants by applicable provisions of all municipal, county, and state codes, statutes, ordinances, and regulations, and in addition shall:
(7) Maintain the smoke detection device in accordance with the manufacturer's recommendations, including the replacement of batteries where required for the proper operation of the smoke detection device, as required in *RCW 48.48.140(3).

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 house, 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 fuel-burning cooking or heating appliance must inform owner or occupants of dangers of carbon monoxide poisoning.

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