The Lofgren & Johnson families were present last week as Governor Bill Ritter signed HB 1091 into law. This bill requires that carbon monoxide alarms be installed in residential properties. I am reviewing this bill based upon my interpretation as recorded with the State of Colorado to assist my fellow real estate investors & clients. I am providing a summary but will send you the pdf version at your request. This bill not only affects rental property but all residential properties offered for sale or transfer on or after July 1, 2009.
As outlined, (1) (a) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
SELLER OF EACH EXISTING SINGLE-FAMILY DWELLING OFFERED FOR SALE OR
TRANSFER ON OR AFTER JULY 1, 2009, THAT HAS A FUEL-FIRED HEATER OR
APPLIANCE, A FIREPLACE, OR AN ATTACHED GARAGE SHALL ASSURE THAT AN
OPERATIONAL CARBON MONOXIDE ALARM IS INSTALLED WITHIN FIFTEEN
FEET OF THE ENTRANCE TO EACH ROOM LAWFULLY USED FOR SLEEPING
PURPOSES OR IN A LOCATION AS SPECIFIED IN ANY BUILDING CODE ADOPTED
BY THE STATE OR ANY LOCAL GOVERNMENT ENTITY. This affects multi family dwellings as well.
With regards to rental property, any existing single family or multi family dwelling that has a change in tenant occupancy on or after July 1, 2009 shall be subject to the above requirements. Prior to any new tenancy, the owner must install or replace a carbon monoxide alarm, ensure that any batteries necessary are provided to tenant when tenant takes possession. As with smoke detectors, it is the owners responsibility to replace at tenant request via written correspondence. It is the tenant's responsibility to "keep, test & maintain all carbon monoxide alarms in good repair."
The device may be wired directly to the dwellings electrical system, directly plugged in to an outlet without a switch, or a battery operated device may be attached following the National Fire Protection Association's standard 720.
The bill wraps up with the following: 38-45-106. Limitation of liability. (1) NO PERSON SHALL HAVE A
CLAIM FOR RELIEF AGAINST A PROPERTY OWNER, AN AUTHORIZED AGENT OF
A PROPERTY OWNER, A PERSON IN POSSESSION OF REAL PROPERTY, OR AN
INSTALLER FOR ANY DAMAGES RESULTING FROM THE OPERATION,
MAINTENANCE, OR EFFECTIVENESS OF A CARBON MONOXIDE ALARM IF THE
PROPERTY OWNER, AUTHORIZED AGENT, PERSON IN POSSESSION OF REAL
PROPERTY, OR INSTALLER INSTALLS A CARBON MONOXIDE ALARM IN
ACCORDANCE WITH THE MANUFACTURER'S PUBLISHED INSTRUCTIONS AND THE PROVISIONS OF THIS ARTICLE.
Bottom line is know your stuff & be proactive. In order ot comply, I am planning to install alarms in my rentals in June rather than wait for vacancy. I am also updating my lease to educate tenants about their role in maintaining the alarm. If you have any comments or suggestions, please send them my way.
Comments(0)