Laws and Guidelines for Compliance
Carbon Monoxide Detector Notice (Car. Form CMD, 4/12)
Installation Of Carbon Monoxide Detectors:
- Requirements: California law (Health and Safety Code sections 13260 to 13263 and 17296 to 17296 2) requires that as of July 1, 2011, all existing single-family dwellings have carbon monoxide detectors installed and that all other types of dwelling units intended for human occupancy have carbon monoxide detectors installed on or before January 1. 2013. The January 1, 2013 requirement applies to a duplex, lodging house, dormitory, hotel condominium, time-share and apartment among others.
- Exceptions: The law does not apply to a dwelling unit which does not have any of the following a fossil fuel burning heater or appliance, a fireplace, or an attached garage. The law does not apply to dwelling units owned or leased by the State of California, the Regents of the University of California or local government agencies. Aside from these three owner types, there are no other owner exemptions from the installation requirement it applies to all owners of dwellings be they individual banks, corporations, or other entities. There is no exemption for REO properties.
Compliance With Installation Requirement:
State building code requires at a minimum, placement of carbon monoxide detectors in applicable properties outside of each sleeping area, and on each floor in a multi-level dwelling but additional or different requirements may apply depending on local building standards and manufacturer instructions A homeowner who fails to install a carbon monoxide detector when required by law and continues to fail to install the detector after being given notice by a governmental agency could be liable for a fine of up to $200 for each violation.
A transfer of a property where a seller, as an owner, has not installed carbon monoxide detectors, when required to do so by law, will not be invalidated, but the seller/owner could be subject to damages of up to $100.00 plus court costs and attorney fees. Buyer and Seller are each advised to consult with their own home inspector contractor or building department to determine the exact location for installation of carbon monoxide detectors. Buyer is advised to consult with a professional of Buyer’s choosing to determine whether the property has carbon monoxide detectors) installed as required by law, and if not to discuss with their counsel the potential consequences.
Local Requirements: Some localities maintain their own retrofit or point of sale requirements which may include the requirement that a carbon monoxide detector be installed prior to a transfer of property. Therefore, it is important to check the local city or county building and safety departments regarding point of sale or retrofit requirements when transferring property.