MA carbon monoxide law 2/10/06
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MA carbon monoxide law 2/10/06
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MASSACHUSETTS
NEW CARBON MONOXIDE LAW: WHAT
HOMEOWNERS NEED TO KNOW On
March 31, 2006, all homes
in the Commonwealth equipped with fuel burning equipment that produces carbon
monoxide or
which have indoor parking (a garage) adjacent to living areas will be required
to have Carbon Monoxide detectors installed.
The law, and the regulations that implement it, apply to ALL homes and not just
those that are being sold. Below are
some frequently asked questions by homeowners: What
is carbon monoxide (CO) and how is it produced in the home? Carbon
monoxide (CO) is a colorless, odorless, poisonous gas. Appliances fueled with
natural gas, liquefied petroleum (LP gas),
oil, kerosene, coal, or wood may produce CO. The federal government estimates
that over 500 people in the United States
die unintentionally every year from CO. Thousands people go to hospital
emergency rooms for treatment for CO poisoning. As
a Homeowner in the Commonwealth, what do I need to do to comply with this new
law? Prior
to March 31, 2006 you must install a carbon monoxide detector on every level of
your home, excluding unfinished basements,
attics and crawl spaces. Detectors that are installed on levels of the home
which contain sleeping areas must be placed
within ten feet of the bedroom door; therefore some homes may require more than
one detector on certain levels. What
kind of Carbon Monoxide Detectors must I install in my home & how should I
install a Carbon Monoxide
Detector? The
law provides a choice to homeowners to install, by March 31, 2006, their choice
of either battery operated, plug-in with battery
back-up, wireless detectors, a combination smoke/carbon monoxide detector, or
hard-wired detectors. These detectors
must be in compliance with Underwriter Laboratories (UL) standard 2034. The
package the detector is sold in will indicate
whether it meets this standard. CO alarms should be installed according to the
manufacturer's instructions. Note: There
are specific requirements for combination alarms, before purchasing one please
review the requirements of combination alarms with your local fire department. required
to inspect each dwelling for compliance with the carbon monoxide law before
sale. We
plan to build a new home in 2007, are there additional requirements for new
construction? Are there The
state building code will govern additional requirements for new construction. It
is believed that it will require hardwired carbon
monoxide detectors for new constructions or for homes who undergo substantial
renovations. More information about the state building code may be obtained at http://www.mass.gov/bbrs/code.htm Currently,
there are certain
plumbing regulations which may require a hard-wired CO detector to be installed
with certain appliances. For more information
check with the plumber who completes your installation. It is possible that your
local city or town might have enacted stricter requirements, therefore you should check with your local fire department. WHAT
LANDLORDS NEED TO KNOW Landlords should
review the statute and regulations and check with the local fire department to
ensure ongoing compliance. The statute
and the regulations may be viewed in the legal section at www.marealtor.com
It is believed these requirements will What
kind of Carbon Monoxide Detectors must I install in my units & how should I
install a Carbon Monoxide
Detector? The
law provides a choice to landlords regarding compliance. The first option is
installation of a single station CO detector, by
March 31, 2006, which is either battery operated, plug-in with battery back-up,
wireless detectors, a combination smoke/carbon
monoxide detector, or hard-wired detectors. These detectors must be in
compliance with Underwriter Laboratories
(UL) standard 2034. The package the detector is sold in will indicate whether it
meets this standard. CO alarms should
be installed according to the manufacturer's instructions. Note: There are
specific requirements for combination The
second option is what is known as “alternative compliance.” This regulation
will really only apply to large unit owners with
central heating or cooling systems that restrict the flow of air (and CO) to the
units. Specifically the regulations require the
owner to install a sophisticated alarm system with specific monitoring and
alarming transmission requirements which must
accompany approval from the fire department. Owners wishing to utilize the
second compliance option must notify the head
of the local fire department by March 31, 2006 and will then be expected to
complete the necessary installation by January
1, 2007 and allow the fire department inspection to verify compliance. Like its
inspections for smoke detectors, the local
fire department is required to inspect each dwelling for compliance with the
carbon monoxide law before sale. Are
there additional responsibilities for landlords? Yes.
All landlords, owners, or property managers shall at a minimum, maintain, test,
repair or replace, if necessary, every carbon
monoxide detector upon renewal of any lease term for all units or on an annual
basis, whichever is more frequent. Further,
all CO detector batteries must be replaced on an annual basis by the landlord,
owner or property manager. *This publication is provided as a service to members of the Massachusetts Association of REALTORS educational
use only. Opinion or suggestions in this publication do not necessarily
represent the official policies or positions of the Massachusetts Association of REALTORS any
misinterpretation or misapplication by the reader of the information contained
in this article. The publishing of this material does
not constitute the practice of law nor does it attempt to provide legal advice
concerning any specific factual situation. FOR ADVICE
ON SPECIFIC LEGAL PROBLEMS CONSULT LEGAL COUNSEL. Last revised 2/6/06 |
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© 2006 Century 21 Real Estate LLC. CENTURY 21® is a registered trademark licensed to Century 21 Real Estate LLC. Equal Housing Opportunity. Each Office is Independently Owned and Operated. "When You're # 1, You Can Do Things Others Can't" - Source: 2006 Ad Tracking Study. This survey included 1202 telephone interviews (via computer assisted program) with a national random sample of adults (ages 25-54) who have either bought or sold a home within the past two years or plan to purchase or sell a home within the next two years. Brand awareness questions are based on a sample size of 1202 respondents with a margin of error of +/- 2.4% at 90% confidence level. The study was conducted between March 6th-October 2nd, 206 by Millward Brown, a leading research organization. |
