Carbon Monoxide Detectors Required In All Condos And All Rentals By Oct. 1

From Vermont Property Owners Report, Vol. 20, No. 3, page 4:

All condominiums in Vermont and all properties being rented out, even short-term vacation rentals, must have carbon monoxide detectors installed in each sleeping area by October 1, 2005, according to new rules being proposed by the state under the authority of legislation passed this year.

Battery-powered or plug-in carbon monoxide (CO) detectors are acceptable for such existing buildings this year, but by October 1, 2007, all condos, rentals and other public buildings must have CO detectors that are
"wired-in" with battery back-up, according to the draft rules.

Wired-in CO detectors cost about $50 more than a plug-in or battery detector because electricians must install them, according to Robert Howe, the state’s Chief Fire Prevention Officer.

Condominiums – rented or not – and all rental properties, including apartments and vacation rentals, would be covered by the new rules because they are defined to be "public buildings," Howe said. These properties are also covered by existing rules requiring smoke detectors and by state electrical codes.

Existing owner-occupied single-family homes have less stringent requirements regarding detectors. Under the CO detector law passed this year, H.243, any existing single-family home that is sold or transferred must have at least one working CO detector, and the seller must sign and deliver a certificate to the buyer confirming that fact. This echoes existing law requiring that all homes being sold have a smoke detector.

The new law specifies a stricter standard for newly constructed single-family homes: they must have smoke and CO detectors located in the vicinity of the bedrooms, and they must be "powered by the electrical
service and by battery." In existing homes being sold, battery detectors are acceptable.

The law makes it clear that buyers of single-family homes do not have to keep or use the detectors: "Nothing in this section shall require an owner or occupant of a single-family dwelling to maintain or use a smoke detector or a carbon monoxide detector after installation."

H.243 was passed this year in response to a tragedy this winter at student apartments near the University of Vermont that killed one man and severely sickened several others. According to the Division of Fire Safety, during the years 2001-2004 there were over 800 CO incidents reported by fire
departments in Vermont, including six unintentional deaths from CO poisoning.

The rules implementing the new CO law for public buildings were proposed by the Division of Fire Safety and are expected to be formally adopted by October 1, Howe said.

According to Howe, while any rental of property, regardless of how short a term, makes the property a "public building" under the rules, in fact the only vacation rentals the state makes a point of inspecting are very large
rentals that may hold up to 20 or 25 people.

"It is very unlikely, unless we get a complaint, that we will be aware of a vacation rental or inspect it," Howe said. But he noted that from a liability standpoint, if nothing else, rental owners should have working
detectors installed. Otherwise, if a tragedy occurred, the lack of compliance with state law would be a factor weighing against the property owner in any lawsuit.

Complaints about rentals do occur, Howe said, sometimes lodged by tenants and sometimes by neighbors who will call the state to report that someone has begun renting out their property.

Smoke detector rules have been in place for some time. For condominiums, they require a wired-in detector in each bedroom and on each level, including one in the vicinity of the bedrooms. Single-family homes built
before 1994 that are being rented out must have a smoke detector in the vicinity of the bedrooms and one on each level of the house. Rented homes built after 1999 must also have a smoke detector in each bedroom.
In addition to the detector requirements, owners of apartments, condos and vacation rentals must comply with the state’s electrical code for public buildings. This requires that sufficient service and grounding be in place, but it does not usually require that the wiring in an existing building be replaced, Howe said.

If problems are found with a lack of detectors or with the electrical service, the state seeks voluntary compliance from the owners and only uses fines as a last resort, Howe said.

Owners of rental properties or condominiums can call the state to request inspections, Howe noted. "We do get calls from people saying they are thinking of renting out their properties and asking us to come check out
their property," he said. There is no fee for such inspections.

The proposed new rules also require that all gas-fired heating systems in pubic buildings be inspected by a qualified private-sector technician once every two years. Oil-fired heating systems are not covered by the same requirement, though regular inspections are still a good idea, Howe said.

For more information, or to request an inspection, contact one of the state’s regional Fire Safety offices: Barre (479-4434), Rutland (786-5867), Springfield (885-8883) or Williston (879-2300).

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Reprinted with permission by Vermont Property Owners Report, a subscription newsletter about Vermont and Vermont real estate. Copyright 2005. For more information about the newsletter, visit the home page of our website www.vermontproperty.com