Special offer

Carbon Monoxide Detectors Now Mandatory for Los Angeles Home Sellers

By
Real Estate Broker/Owner with Home Jane Realty BRE# 01439865

Just so that everyone has a clear understanding – California Senate Bill 183 was signed into law to regulate the Carbon Monoxide Detectorsinstallation of carbon monoxide detectors. The law is a two-part law that requires an update to the Transfer Disclosure Statements used in a real estate transaction, and puts into law the Carbon Monoxide Poisoning Prevention Act of 2010.

The first part of the new law requires that as of July 1, 2011, Transfer Disclosure Statements (TDS forms) include a line item regarding the presence or absence of a carbon monoxide detector in the same manner as Smoke Detectors, for all residential units that are sold. This applies to just about all types of occupancies from single family owner-occupied and rentals, to multi-family housing. If the property is being sold, it must now include a CO Detector if the dwelling has gas appliances, fireplaces, and/or attached garages as described below.

The second part of the law enacts the Carbon Monoxide Poisoning Prevention Act of 2010 which requires that all residential properties, not just those being sold, be equipped with a carbon monoxide detector when the property has a fossil fuel burning heater or appliance, fireplace, and/or an attached garage.  All single-family homes in structures with 1-4 units (owner or tenant occupied) must be equipped with a detector on or before July 1, 2011.

All other multi-family residential units must be equipped with a detector on or before January 1, 2013, not just those being sold.

For rentals, the carbon monoxide detector must be operable at the time the tenant takes possession. A tenant is responsible for notifying the owner or owner’s agent if the tenant becomes aware of an inoperable or deficient carbon monoxide detector within his or her unit. The owner or owner’s agent must correct any reported deficiencies in the carbon monoxide detector and will not be in violation of this section for a deficient or inoperable carbon monoxide detector when he or she has not received notice of the deficiency or inoperability.

The bottom line is that ALL SINGLE FAMILY residential dwelling units as of July 1, 2011 must have a CO detector, even those that are not being sold. All other dwelling units (multi-family, dormitories, hotels, motels, etc) must have CO detectors installed by January 1, 2013.

Expect to see this new inspection item in your home inspection report. Home inspectors will be required to report on the presence or absence of a working Carbon Monoxide detector just like they report on Smoke Detectors, and water heater strapping.

Home buyers and sellers will also see this new requirement on Transfer Disclosure Statements. In addition to smoke alarms and strapped water heaters, sellers will be required to disclose the presence or absence of a working carbon monoxide detector



Read more: http://www.homejane.com/carbon-monoxide-detectors-mandatory-in-los-angeles-home-as-of-july-1-2011.html#ixzz1YdHE9FAw

Comments (6)

Eileen Hsu
Douglas Elliman Real Estate - Manhattan, NY
LICENSED REAL ESTATE SALESPERSON
Hi Jane, even though no formal inspection here, the condos here in Manhattan NY has smoke and carbon monoxide detectors.
Sep 21, 2011 12:32 PM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Eileen,  not here.  Now it is part of the retrofitting requirements.

Sep 21, 2011 12:40 PM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Massachusetts is always well behind Cal....but we've had smokes and CO detectors required to close for years......CO has been several years....smokes longer....

Sep 21, 2011 12:46 PM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Barb,  we have smoke detectors, water heater bracing and low flow toilets as our retrofitting requirements.  Now CO.

Sep 21, 2011 12:54 PM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Jane,

We have to disclose if there are carbon monoxide detectors but they are not mandatory YET! I'm sure that will be coming soon :).

Sep 23, 2011 06:56 AM
Jane Peters
Home Jane Realty - Los Angeles, CA
Los Angeles real estate concierge services

Dorie,  for some godforsaken reason it is not shown on the forms yet as mandatory, but they did add the disclosure.  Go figure.

Sep 23, 2011 07:09 AM