Are carbon monoxide detectors required by law?

Specific requirements and responsibilities concerning carbon monoxide detectors vary among states. In many states, a landlord’s duty of care to take adequate measures to provide for the safety of a tenant includes the landlord’s responsibility to install, maintain, and inspect carbon monoxide alarms. If a landlord breaches his duty of care by failing to take appropriate steps to protect the tenant from CO exposure and the tenant suffers carbon monoxide poisoning, the landlord as a result of his negligence will likely be held liable in a personal injury lawsuit.

Most state and local laws require at least one approved carbon monoxide alarm or detector installed in each dwelling unit. Wherever there is a carbon monoxide source (appliance or system) there should be a CO alarm. This may include placing an alarm in the kitchen, furnace room, laundry room, and garage. Installation and placement of CO detectors should be done according to the manufacturer’s instructions. As a rule, carbon monoxide detectors must be located outside of each separate sleeping area, in the immediate vicinity of the bedroom and on each level of the residence.

Landlords and tenants can help reduce exposure to carbon monoxide by:

  • Keeping all gas appliances properly inspected and maintained.
  • Using a vented space heater.
  • Using proper fuel in kerosene space heaters.
  • Installing and using an exhaust fan vented to the outside over a gas stove.
  • Opening the fireplace flue when using a fireplace.
  • Using a wood stove that has been certified to meet EPA emission standards.
  • Not leaving an idling vehicle inside an attached garage.
  • Using additional ventilation to temporarily vent potential high levels of CO that are expected to occur for a short period of time.

The most common sources of carbon monoxide exposure come from appliances, fireplaces, and grills. Tenants should be instructed on the proper use of appliances and systems, how to inspect appliances for proper working order, make sure ventilation ducts for any appliances and systems are kept clean and unobstructed, and promptly report any problems to the landlord. It is important for a landlord to periodically inspect all rental appliances and fossil fuel sources in the rental unit for proper maintenance and repair issues. Additionally a landlord should have a trained professional inspect, clean, and adjust heating systems on a regular basis including inspection and cleaning of chimneys and flues.

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