Carbon Monoxide Detectors in Washington State----the Building Code and the Law.

There has been a ton of confusion around implementation of requirements for installation of Carbon Monoxide Detectors in homes in Washington State.

Given the near total agreement for their necessity, I find it a little odd that there is still so much confusion.

I finally got to the bottom of this confusion with the realization that there is the “law” and then there is the “building code.” 

Now while everything that is required by the building code---including Washington State Amendments---is in the law, there are things that are in the law that are not covered by the building code.  Without both documents, not all requirements are likely to be met by the consumer or builder.

If builders are building to the minimum standards of the code they may very well not even be aware that there is a law that has additional requirements/information.

This seems like a very odd situation to me, and perhaps one day the two will be properly reconciled.  I will attempt, with this post, to spell out the requirements of both the law and the code as they stand currently. 

First of all here is the Washington State Law:

(1) By July 1, 2010, the building code council shall adopt rules requiring that all buildings classified as residential occupancies, as defined in the state building code in chapter 51-54 WAC, but excluding owner-occupied single-family residences legally occupied before July 26, 2009, be equipped with carbon monoxide alarms.

     (2)(a) The building code council may phase in the carbon monoxide alarm requirements on a schedule that it determines reasonable, provided that the rules require that by January 1, 2011, all newly constructed buildings classified as residential occupancies will be equipped with carbon monoxide alarms, and all other buildings classified as residential occupancies will be equipped with carbon monoxide alarms by January 1, 2013.

     (b) Owner-occupied single-family residences legally occupied before July 26, 2009, are exempt from the requirements of this subsection (2). However, for any owner-occupied single-family residence that is sold on or after July 26, 2009, the seller must equip the residence with carbon monoxide alarms in accordance with the requirements of the state building code before the buyer or any other person may legally occupy the residence following such sale. (My note:  What happens with bank owned properties is anybody’s guess)

     (3) The building code council may exempt categories of buildings classified as residential occupancies if it determines that requiring carbon monoxide alarms are unnecessary to protect the health and welfare of the occupants.

     (4) The rules adopted by the building code council under this section must (a) consider applicable nationally accepted standards and (b) require that the maintenance of a carbon monoxide alarm in a building where a tenancy exists, including the replacement of batteries, is the responsibility of the tenant, who shall maintain the alarm as specified by the manufacturer.  (My note:  This is a very important thing to note because it places responsibility for people’s taking care of themselves squarely with themselves---where it should be.)

Here is the Building Code with the Washington State Amendments to the Building Code in Blue:

SECTION R315

CARBON MONOXIDE ALARMS

R315.1 Carbon monoxide alarms. For new construction, an approved carbon monoxide alarm shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units within which fuel-fired appliances are installed and in dwelling units that have attached garages and on each level of the dwelling and in accordance with the manufacturer's recommendations.

R315.2 Where required in Existing Dwellings. Where work requiring a permit occurs in existing dwellings that have attached garages or in existing dwellings within which fuel-fired appliances exist, carbon monoxide alarms shall be provided in accordance with Section R315.1. Existing dwellings shall be equipped with carbon monoxide alarms when alterations, repairs or additions requiring a permit occur, or when one or more sleeping rooms are added or created. (My Note:  Changes in R315.1 and R315.2 are perhaps the most significant differences between the Law and the Un-amended Building Code, in that it properly eliminates the requirement that the home have fuel fired appliances---thus requiring them in all homes.)

R315.3 Alarm requirements. Single station carbon monoxide alarms shall be listed as complying with UL 2034 and shall be installed in accordance with this code and the manufacturer’s installation instructions.

As one can see, the building code has been significantly amended and that there are some very important points in the law that are not part of the building code.  The two documents must be used together to be fully compliant with the requirements for installation and maintenance of Carbon Monoxide Detectors.

All of the above can quite simply be summed up:  "All homes need CO Detectors."

There is nothing in the code that “requires” you and me install these devices in our homes, whether we have plans to sell them or rent them or not, but I consider it prudent---don’t you?

Charles Buell, Real Estate Inspections in Seattle