Carbon Monoxide Laws for a Landlord in California

CO Hazards

• Carbon monoxide can leak from a stove, furnace or fireplace, and is especially dangerous if a backdraft or poor ventilation prevents exhaust from escaping a closed interior. It carries no taste or smell, so without a warning device, residents can't detect it. According to California Safe Homes, carbon monoxide poisoning leads to 700 emergency room visits in California every year. In response to public alarm over the issue, the legislature passed SB-183, the carbon monoxide law in 2010. The law required all homeowners to install carbon monoxide alarms, in addition to smoke detectors, which have been mandatory in the state since 1987.

Basic Guidelines

• Landlords must install carbon monoxide alarms in any rental unit that includes a heater or appliance that burns fossil fuels, a fireplace, or an attached garage. The alarm must be certified by the American National Standards Institute and Underwriters Laboratories -- specifically, UL Standard 2034. The landlord is responsible for installing and maintaining the alarm, which must be operable when the tenant moves in; state law allows the landlord to enter the dwelling during the rental period for this purpose. Tenants are to notify the landlord if the alarm no longer functions properly. The law set July 1, 2011 as the deadline for single-family residences, and January 1, 2013 for all other dwellings, such as duplexes, apartment buildings and other multi-family units.

Wiring and Placement

• New buildings must have carbon monoxide alarms that are hardwired to the dwelling's electrical system, and have battery backup in case of a power failure. For buildings built before July 1, 2011, the California law allows battery-operated alarms, as well as plug-in or hardwired alarms with a battery backup system. The law requires an alarm outside and in the immediate vicinity of each sleeping area, and at least one device on every floor.

Dwelling Types

• The law on rentals covers multi-unit apartment buildings, duplexes, single-family homes, lodging houses, hotels, motels, dormitories, time-shares and condominiums. Even if the dwelling unit itself has only electric appliances, a CO alarm is required if a multi-unit building has fossil-fuel burning heaters. It also requires that all devices sold as carbon monoxide alarms and detectors meet with the approval of the California fire marshal.

Enforcement and Penalties

• California enforces the law through inspections of new homes; existing homes normally undergo an inspection -- including a test of all required alarm equipment -- during a sale or refinance by the owner. When a tenant or inspector gives notice of a violation, the owner receives a 30-day notice to bring the dwelling into compliance. After 30 days, the law imposes a $200 fine for each violation.