The Basics of Carbon Monoxide Requirements
Many residential properties in Colorado have natural gas appliances. A water heater, furnace, or fireplace can add convenience and comfort to a Colorado property, and Colorado typically enjoys abundant natural gas for its residential heating needs. The problem is that natural gas is not always burned efficiently when it is consumed. When gas does not burn properly, it can create carbon monoxide gas as a byproduct. Carbon monoxide is one of the most common causes of poisoning in the United States. It is odorless, colorless, and lethal. It can easily accumulate in rooms and building interiors. When carbon monoxide is burned in an unvented place, it can be deadly. In 2018, the United States spent 2.43 billion dollars treating carbon monoxide poisoning .
As an additional precaution, the state of Colorado does have laws requiring certain residential properties to be equipped with carbon monoxide detectors. The current version of the Colorado carbon monoxide detector statutes was passed in 2009, though Colorado has required them to some extent since 1992. The law creates a series of requirements for residential properties in Colorado and what must be done to prepare for potential carbon monoxide hazards. In general, a residential property with carbon monoxide emitting appliances must have at least one functioning carbon monoxide detector. Multi-family properties (e.g. apartment complexes, townhouses, non-owner occupied single family dwellings) must have at least one carbon monoxide detector on each level. A homeowner-occupied single family home however just needs one detector within 15 feet of any sleeping area.
Who is Required to Install Carbon Monoxide Detectors
To comply with the Carbon Monoxide (CM) Detector Law, the following must be installed:
- in each single family residence
- in each townhome
- in each apartment or other rental type property
- in each facility containing a lodging establishment
- in each facility containing an assisted living residence
- in each facility containing a preschool, child care center, day care center or a before and after school program
- in each facility containing a day care home or family child care home that is licensed by the State or a county
After December 31, 2015, any bedroom in a new dwelling unit requires the installation of a CO alarm. However, existing sleeping rooms in multifamily dwellings are not required to have CO alarms.
The law gives the authority to enact regulations to the Colorado Department of Public Safety, Division of Fire Safety.
Generally this regulation states that,
A CO detector shall be located outside each separate sleeping area in the immediate vicinity of the bedrooms and on each level not within a sleeping area of a multifamily dwelling.
This requirement is in addition to the smoke alarm requirement.
Details of the Colorado Law Everyone Should Familiarize Themselves with
Every dwelling that contains a fuel-burning appliance, has an attached garage or has a fireplace must be equipped with a minimum of one CO alarm. Colorado law requires one CO detector to be installed in each dwelling unit with the alarm situated to protect residents from exposure. However, multiple alarms may be required per the recommendations of the manufacturer. CO alarms should be placed outside of each sleeping area. Dwelling unit owners who comply with the provisions of the act shall not be liable in civil damages for injury or death resulting from the failure of any CO alarm, but this provision shall not apply if the alarm is removed or rendered nonoperational through the negligent or intentional act of the dwelling unit owner.
Penalties for Violating the Law
Failing to comply with the Colorado statute requiring smoke and CO detectors in each unit within a multi-family building can result in stiff penalties for violations, starting with a $1,000 fine or other civil penalty for a first offense. Violators can be liable for up to $5,000 per offense after a second or subsequent violation of the law and are subject to criminal prosecution.
Even so, the law is often left unenforced. If and when an inspector cites a building’s owner, manager or homeowners association for non-compliance, the unique criminal component of the statute means that it may be difficult — practically and legally — for a prosecutor to persuade a jury (or a judge at the bench) that the defendants are guilty beyond a reasonable doubt for a violation of something as seemingly innocuous as the carbon monoxide detector law. And because non-compliance with the law is not a frequent issue, the potential for prosecution under it is low. Still, such enforcement does exist, and the potential headaches it brings should be enough to spur compliance with Colorado’s carbon monoxide detector law.
Ways to Ensure Compliance and Safety
To comply with the Colorado law and ensure the safety of occupants, homeowners and property managers of newly built single family homes and multi-family dwellings are advised to take the following steps:
Ensure that the home has been constructed with carbon monoxide detectors, which should be hardwired and equipped with battery backup. If your home does not have hardwired carbon monoxide detectors, install standalone battery-operated detectors in accordance with the requirements of the law. Check that newly constructed single family homes and multi-family dwellings have an inspection sticker from the local building department confirming that the installation of carbon monoxide detectors is in compliance with the law . Determine whether existing dwellings within a one mile radius of an actively maintained outdoor liquid propane gas storage facility pose a potential carbon monoxide hazard. If a dwelling poses a potential carbon monoxide hazard, replace any broken or missing carbon monoxide detectors and install additional detectors if instructed to do so by a qualified technician. Place a 911 call or contact local law enforcement or other emergency number in the event that a carbon monoxide detector emits a sound as a result of a carbon monoxide alarm. Always exit the premises immediately upon hearing a sound from the detector. Conduct periodic inspections of any carbon monoxide detectors that alert of an alarm to ensure that they are functioning correctly. Replace any carbon monoxide detectors that are 5 years or older.
The Benefits of a Carbon Monoxide Detector
While satisfying the requirements of Colorado law may be a compelling reason to have a carbon monoxide detector in your Property, there are many reasons to install one (or more) that have nothing to do with satisfying a legal obligation. Perhaps most importantly, having a carbon monoxide detector in your Property can, and will, keep you and your tenants safe.
As most people know, carbon monoxide is very dangerous. Every year, people die from poisoning related to exposure to carbon monoxide. The U.S Centers for Disease Control and Prevention estimates that 400 people die from unintentional non-fire related carbon monoxide poisoning every year in the United States. In addition to the deaths that are directly attributable to CO, over 20,000 people visit the emergency room every year, and over 4000 are admitted to hospitals, as a result of poisoning from carbon monoxide. Having carbon monoxide detectors in your units can reduce the risk that you and your tenants will be among those afflicted by accidental poisoning from CO.
In addition to having the obvious safety benefits, having carbon monoxide detectors in your Properties may also save you money on premiums for your property insurance. The Colorado Association of REALTORS has reported that having properly installed and maintained carbon monoxide detectors in your units may help you to save on your property insurance, and that some insurers offer discounts for having them.
Common Issues and Questions About the Law
1. What is the standard for determining what constitutes a "CO alarm" under this law?
The model codes provide that a "CO alarm" means a single-station carbon monoxide alarm that is listed or approved to meet the requirements of UL 2034. The definition of "single-station CO alarm" in the model codes is "an assembly: (1) that is comprised of all of the following: (a) a sensor that detects and signals the presence of carbon monoxide; (b) a sounding device; and (c) an optional control (on/off or reset) and signaling device(s); (2) that is intended to be installed as required by this Code; and (3) that is intended to be used solely for the purpose of detecting carbon monoxide."
2. Why does the law require "approved" or "listed" CO alarms without specifying approval or listing by a particular entity?
The law recognizes approval or listing by an entity other than Underwriters Laboratories or Underwriters Laboratories of Canada, if such other entity uses the same or higher standards as those used by UL and ULC. A nationally recognized testing laboratory provides confidence that the device has been physically tested to ensure it will work when needed to alert occupants to potentially dangerous concentrations of CO.
3. In the case of a sale of a single family home, what happens if an "approved" CO alarm is not available for installation in the home at the time of sale?
The law requires delivery of an approved CO alarm into a single family home "at the time of sale or lease, or within ninety days after such time . " Accordingly, no CO alarm is required to be delivered to a single family home at the time ownership is transferred. However, a "delivery" of an approved CO alarm to the new owner or occupant must occur within 90 days after completion of sale.
4. Does the 90 day requirement include delivery to a home in which there has been a sale or foreclosure, but the new owner is not yet in possession?
The law requires a delivery of the CO alarm to occur within 90 days after completion of sale, regardless of the occupancy status of the home (subject to the exception for sales of new homes by builders described below).
5. Must the seller of a single family home always deliver to the buyer a hard wired CO alarm, or can a plug-in unit that meets code be delivered instead?
The law requires delivery of an "approved" CO alarm. Underwriters Laboratories lists both plug-in units and hardwired units as "approved" CO alarms. The CO alarm delivered to the buyer must be a hardwired CO alarm only if the home’s electrical service is hardwired, as is the case in most single family homes. In this regard, the Colorado Department of Regulatory Agencies has stated that it does not intend to enforce any requirement that the seller remove a "safe" hard wired CO alarm compliant with the 2009 international building code that was installed prior to January 1, 2018.