Second Regular Session Sixty-sixth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 08-0945.01 Esther van Mourik SENATE BILL 08-187 SENATE SPONSORSHIP Hagedorn, HOUSE SPONSORSHIP Soper, Senate Committees House Committees Health and Human Services A BILL FOR AN ACT Concerning a requirement that carbon monoxide alarms be installed in residential properties. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Requires any existing single-family dwelling or dwelling unit of an existing multi-family dwelling offered for sale or transfer on or after July 1, 2008, that has a fuel-burning heater or appliance, a fireplace, or an attached garage to have an operational carbon monoxide alarm installed within a specified distance of each room lawfully used for sleeping purposes. Requires any single-family dwelling or dwelling unit of a multi-family dwelling for which a building permit is issued for new construction on or after July 1, 2008, that has a fuel-burning heater or appliance, a fireplace, or an attached garage to have an operational carbon monoxide alarm installed within a specified distance of each room lawfully used for sleeping purposes. Sets forth the maintenance and installation requirements for carbon monoxide alarms in single-family dwellings and dwelling units in multi-family dwellings that are used for rental purposes. Specifies that nothing in the act can be construed to limit a municipality, city, home rule city, city and county, county, or other local government entity from adopting or enforcing more stringent requirements for the installation and maintenance of carbon monoxide alarms. Defines terms. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Title 38, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read: ARTICLE 45 Safety of Real Property 38-45-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Carbon monoxide alarm" means a device that detects carbon monoxide and that: (a) Produces a distinct, audible alarm; (b) Is listed by a nationally recognized, independent, not-for-profit product-safety testing and certification laboratory to conform to the latest standards for carbon monoxide alarms issued by such laboratory or any successor standards; (c) Is battery powered, plugs into a dwelling's electrical outlet and has a battery back-up, or is wired into a dwelling's electrical system and has a battery back-up; and (d) May be combined with smoke detecting devices if the combined device complies with applicable law regarding both smoke detecting devices and carbon monoxide alarms and that the combined unit emits an alarm and voice signal in a manner that clearly differentiates between the two hazards. (2) "Dwelling unit" means any portion of a building that includes provisions for living, sleeping, or lodging by one or more persons. (3) "Fuel" means coal, kerosene, oil, fuel gases, or other petroleum products or hydrocarbon products such as wood that emit carbon monoxide as a by-product of combustion. (4) "Installed" means that a carbon monoxide alarm is installed in a dwelling in the following ways: Wired directly into the dwelling's electrical wiring, directly plugged into an electrical outlet without a switch other than a circuit breaker, or, if the alarm is battery-powered, attached to the wall or ceiling of the dwelling in accordance with the national fire protection association's standard for the installation of carbon monoxide warning equipment in dwelling units or any successor standard. (5) "Multi-family dwelling" means any improved real property used or intended to be used as a residence and contains more than one dwelling unit. Multi-family dwellings include condominiums or cooperatives. (6) "Operational" means working and in service in accordance with manufacturer instructions. (7) "Single-family dwelling" means any improved real property used or intended to be used as a residence and contains one dwelling unit. 38-45-102. Carbon monoxide alarms in single-family dwellings. (1) Notwithstanding any other provision of law, every existing single-family dwelling offered for sale or transfer on or after July 1, 2008, that has a fuel-burning heater or appliance, a fireplace, or an attached garage shall have an operational carbon monoxide alarm installed within ten feet of the entrance to each room lawfully used for sleeping purposes. (2) Notwithstanding any other provision of law, every single-family dwelling for which a building permit is issued for new construction on or after July 1, 2008, that has a fuel-burning heater or appliance, a fireplace, or an attached garage shall have an operational carbon monoxide alarm installed within ten feet of the entrance to each room lawfully used for sleeping purposes. (3) No person shall remove batteries from, or in any way render inoperable, a carbon monoxide alarm, except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm. 38-45-103. Carbon monoxide alarms in multi-family dwellings. (1) Notwithstanding any other provision of law, every dwelling unit of an existing multi-family dwelling offered for sale or transfer on or after July 1, 2008, that has a fuel-burning heater or appliance, a fireplace, or an attached garage shall have an operational carbon monoxide alarm installed within ten feet of the entrance to each room lawfully used for sleeping purposes. (2) Notwithstanding any other provision of law, every dwelling unit of a multi-family dwelling for which a building permit is issued for new construction on or after July 1, 2008, that has a fuel-burning heater or appliance, a fireplace, or an attached garage shall have an operational carbon monoxide alarm installed within ten feet of the entrance to each room lawfully used for sleeping purposes. (3) No person shall remove batteries from, or in any way render inoperable, a carbon monoxide alarm, except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm. 38-45-104. Carbon monoxide alarms in rental properties. (1) Except as provided in subsection (4) of this section, any single-family dwelling or dwelling unit in a multi-family dwelling for which a building permit is issued for new construction on or after July 1, 2008, that is used for rental purposes shall be subject to the requirements specified in sections 38-45-102 and 38-45-103. (2) (a) Notwithstanding any other provision of law, the landlord of any rental property specified in subsection (1) of this section shall: (I) Prior to the commencement of a new tenant occupancy, replace any carbon monoxide alarm that was stolen, removed, found missing, or found not in operation after the previous occupancy; (II) Ensure that any batteries necessary to make the carbon monoxide alarm operational are provided to the tenant at the time the tenant takes residence in the dwelling unit; and (III) Fix any deficiencies in a carbon monoxide alarm that a tenant cannot correct as specified in paragraph (d) of subsection (3) of this section. (b) Except as provided in paragraph (a) of this subsection (2), the owner of a single-family dwelling or dwelling unit in a multi-family dwelling that is used for rental purposes is not responsible for the maintenance, repair, or replacement of a carbon monoxide alarm or the care and replacement of batteries for such an alarm. (3) Notwithstanding any other provision of law, the tenant of any rental property specified in subsection (1) of this section shall: (a) Keep, test, and maintain all carbon monoxide alarms in good repair; (b) Replace the batteries of all carbon monoxide alarms as needed; (c) Replace any carbon monoxide alarms that are stolen, removed, found missing, or found not in operation during the tenant's occupancy of the single-family dwelling or dwelling unit in the multi-family dwelling unit; and (d) Notify, in writing, the owner of the single-family dwelling or dwelling unit of a multi-family dwelling, or the owner's authorized agent, of any deficiencies in any carbon monoxide alarms that the tenant cannot correct. (4) Multi-family dwellings used for rental purposes may have operational carbon monoxide alarms installed within twenty-five feet from any fuel-burning heater or appliance, fireplace, or garage, so long as there is a centralized alarm system or other mechanism for a responsible person to hear the alarm at all times. (5) No person shall remove batteries from, or in any way render inoperable, a carbon monoxide alarm, except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm. 38-45-105. Municipal or county ordinances regarding carbon monoxide alarms. Nothing in this article shall be construed to limit a municipality, city, home rule city, city and county, county, or other local government entity from adopting or enforcing any requirements for the installation and maintenance of carbon monoxide alarms that are more stringent than the requirements set forth in this article. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.