Carbon Monoxide Alarms and Detectors

Carbon monoxide (CO) is a toxic gas produced by incomplete combustion of fossil fuels, such as natural gas, wood, oil, propane, charcoal, gasoline, kerosene, or coal. When fossil fuels are burned to create heat or energy, carbon monoxide gas is released into the air which, if not dissipated, leads to air quality problems and causes serious health issues. Because carbon monoxide is a colorless, odorless, and tasteless gas, residents can be unaware of dangerous levels of CO in their homes. Prolonged exposure to low levels of carbon monoxide or short exposure to high levels of CO can cause death due to carbon monoxide poisoning.

Common household appliances and heating systems use fossil fuels which release CO into the air. Some sources of carbon monoxide include:

  • furnaces,
  • boilers,
  • wood stoves,
  • chimneys,
  • fireplaces,
  • gas water heaters,
  • gas stoves,
  • grills,
  • unvented kerosene or gas space heaters,
  • generators, and
  • car exhaust from attached garages.

Carbon monoxide emissions from burning fossil fuels in an outdoor setting are usually not a health danger because of the large area in which the gas particles can dissipate. Enclosed areas such as housing units and garages can build up dangerous levels of CO that create health problems. Only incomplete burning of fossil fuels can produce carbon monoxide gas. Appliances or systems that use electricity do not produce carbon monoxide.

Carbon monoxide alarms and detectors, properly installed and maintained, are used to detect high concentrations of carbon monoxide gas and alert residents to take appropriate actions for safety.

A carbon monoxide alarm is the most commonly used device to alert residents of dangerous gas conditions. An alarm is a stand-alone unit with a built-in power supply and audible signal alerts. A carbon monoxide detector is usually part of a fire alarm system which provides power to the CO detector from the fire alarm itself. There are also battery powered combination smoke/CO unit alarms.  All devices must meet certain Underwriters Laboratory (UL) standards for sale to consumers.

Landlord Responsibilities for CO Detectors in Rental Housing

For many reasons landlords must be alert to the dangers of carbon monoxide exposure and take appropriate measures to protect the health and safety of tenants. A majority of states have implemented or are in process of implementing regulations requiring installation of CO detectors in all residential properties.

Specific requirements and responsibilities concerning carbon monoxide detectors may vary among states. In some states landlords are held responsible for the installation, maintenance, and inspection of carbon monoxide detectors. There can be penalties and/or fines for non-compliance. In one state landlords are prohibited from renting properties with a carbon monoxide source unless an approved carbon monoxide detector has been properly installed. In another state all landlords are required to install CO alarms/detectors in every unit even if there are no fuel sources or attached garages that could create a risk of carbon-monoxide poisoning.

Landlords should determine the compliance requirements for state statutes and any local ordinances or building/safety/health codes in their area.

As per most state and local requirements, at least one approved carbon monoxide alarm or detector must be 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 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.”

Fire and safety recommendations include testing CO detectors on a monthly basis according to the manufacturer’s instructions, replacing batteries as specified by the manufacturer, and as applicable, regularly cleaning the alarm with a vacuum to remove dust.

Reducing Exposure to Carbon Monoxide

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.

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 an annual basis including inspection and cleaning of chimneys and flues.

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 to promptly report any problems to the landlord or property manager. A landlord should be clear in his lease agreement and rental rules regarding tenant responsibilities to properly use appliances. As examples, tenants should not use ovens to heat the rental unit or use outdoor grills in or near their rental unit.

It is equally important the tenant know where the CO alarms are located in his rental unit, know how to test the alarms, and how to replace batteries in the alarms as needed. A tenant should be held responsible to keep alarms in good working order by not removing the batteries or otherwise disabling the alarms. The seriousness of such actions may be considered material lease defaults and cause for legal actions.

Educational materials or instructions should be provided to the tenant regarding the dangers of carbon monoxide poisoning, symptoms of CO poisoning, and procedures and notifications for emergency situations.

The winter season can be especially dangerous for accidental carbon monoxide poisoning due to efforts to winterize dwelling units or as a result of a failure in heating systems or ventilation of other heat sources. By insulating the home for more energy efficiency in the winter, the home becomes more air tight, but this in itself could contribute to indoor air quality problems. Carbon monoxide levels could rise to dangerous levels if a fossil fuel source failed to perform correctly.

Landlord Liability for Carbon Monoxide Exposure

At the lease signing, the landlord should review with the incoming tenant, the landlord and tenant responsibilities for maintenance and inspection of carbon monoxide alarms. The move-in checklist should clearly note that approved carbon monoxide alarms were tested during the landlord-tenant walk-through and found to be in good working order. Furthermore, the landlord should note that the tenant was given information regarding carbon monoxide exposure, device testing, and what to do in an emergency situation. As part of the documentation in the tenant’s file, the landlord should keep a record of the alarm installation and maintenance inspections.

Many lease agreements hold the tenant responsible for battery replacement in CO alarms per a set schedule or as determined by monthly maintenance inspections. The tenant should initial his acceptance of this responsibility.

In many states a landlord’s duty of care to take adequate measures to provide for the safety of a tenant will include 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 as a result, the landlord as a result of his negligence will be held liable in a personal injury lawsuit.

To help reduce claims of liability and potential harmful exposure to carbon monoxide gas in the rental units, it is important that the landlord perform due diligence to develop adequate policies and practices for compliance with applicable state and local requirements for carbon monoxide alarm/detector installation and maintenance. All safety precautions should be incorporated into such practices to help protect tenant health and safety.

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