Carbon Monoxide Detectors – Mandatory in California by July 1, 2011

Homeland Advisory Group - Carbon Monoxide Warning

California Health & Safety Code § 17926 to 17926.2 now requires the installation of approved carbon monoxide detectors in single-family dwellings by July 1, 2011.

All other dwellings are required to install them by 2013 if those dwellings contain a fossil fuel burning heater/appliance, fireplace, or an attached garage.  This law applies to all rental properties as well.  This law also imposes a $100 fine for non-compliant dwellings.

Homeland Advisory Group provides large scale assessment and installation services for commercial and residential properties with over 10 units. We proudly recommend First Alert Carbon Monoxide Detectors.

Legislation Text:

17926.  (a) An owner of a dwelling unit intended for human occupancy
shall install a carbon monoxide device, approved and listed by the
State Fire Marshal pursuant to Section 13263, in each existing
dwelling unit having a fossil fuel burning heater or appliance,
fireplace, or an attached garage, within the earliest applicable time
period as follows:
   (1) For all existing single-family dwelling units intended for
human occupancy on or before July 1, 2011.
   (2) For all other existing dwelling units intended for human
occupancy on or before January 1, 2013.
   (b) With respect to the number and placement of carbon monoxide
devices, an owner shall install the devices in a manner consistent
with building standards applicable to new construction for the
relevant type of occupancy or with the manufacturer's instructions,
if it is technically feasible to do so.
   (c) (1) Notwithstanding Section 17995, and except as provided in
paragraph (2), a violation of this section is an infraction
punishable by a maximum fine of two hundred dollars ($200) for each
offense.
   (2) Notwithstanding paragraph (1), a property owner shall receive
a 30-day notice to correct. If an owner receiving notice fails to
correct within that time period, the owner may be assessed the fine
pursuant to paragraph (2).
   (d) No transfer of title shall be invalidated on the basis of a
failure to comply with this section, and the exclusive remedy for the
failure to comply with this section is an award of actual damages
not to exceed one hundred dollars ($100), exclusive of any court
costs and attorney's fees. This subdivision is not intended to affect
any duties, rights, or remedies otherwise available at law.
   (e) A local ordinance requiring carbon monoxide devices may be
enacted or amended if the ordinance is consistent with this chapter.

17926.1.  (a) An owner or owner's agent of a dwelling unit intended
for human occupancy who rents or leases the dwelling unit to a tenant
shall maintain carbon monoxide devices in that dwelling unit
consistent with this section and Section 17926.
   (b) An owner or the owner's agent may enter any dwelling unit
intended for human occupancy owned by the owner for the purpose of
installing, repairing, testing, and maintaining carbon monoxide
devices required by this section, pursuant to the authority and
requirements of Section 1954 of the Civil Code.
   (c) The carbon monoxide device shall be operable at the time that
the tenant takes possession. A tenant shall be responsible for
notifying the owner or owner's agent if the tenant becomes aware of
an inoperable or deficient carbon monoxide device within his or her
unit. The owner or owner's agent shall correct any reported
deficiencies or inoperabilities in the carbon monoxide device and
shall not be in violation of this section for a deficient or
inoperable carbon monoxide device when he or she has not received
notice of the deficiency or inoperability.
   (d) This section shall not affect any rights which the parties may
have under any other provision of law because of the presence or
absence of a carbon monoxide device.
   (e) For purposes of this section, with respect to a time-share
project, "owner" means the homeowners' association of the time-share
project.

17926.2.  (a) If the department, in consultation with the State Fire
Marshal, determines that a sufficient amount of tested and approved
carbon monoxide devices are not available to property owners to meet
the requirements of the Carbon Monoxide Poisoning Prevention Act of
2009 and Sections 17926 and 17926.1, the department may suspend
enforcement of the requirements of Sections 17926 and 17926.1 for up
to six months. If the department elects to suspend enforcement of
these requirements, the department shall notify the Secretary of
State of its decision and shall post a public notice that describes
its findings and decision on the departmental Internet Web site.
   (b) If the California Building Standards Commission adopts or
updates building standards relating to carbon monoxide devices, the
owner or owner's agent, who has installed a carbon monoxide device as
required by Section 17926 or 17926.1, shall not be required to
install a new device meeting the requirements of those building
standards within an individual dwelling unit until the owner makes
application for a permit for alterations, repairs, or additions to
that dwelling unit, the cost of which will exceed one thousand
dollars ($1,000).