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March 03, 2009

Colorado Carbon Monoxide Legislation

Posted in: Featured, Real Estate News, Denver Real Estate, Colorado Real Estate, Property Management

A bill was proposed in the 2009 Legislative Session regarding carbon monoxide detectors in rental units due to the many recent deaths in Colorado due to high levels of carbon monoxide in the homes and apartments. 

This year’s bill requires any existing single-family dwelling or dwelling unit of an existing multi-family dwelling offered for sale or transfer of lease on or after July 1, 2009, that has a fuel-burning heater or appliance, a fireplace, or an attached garage to have an operational carbon monoxide alarm installed within a specified distance (10 feet) of each room lawfully used for sleeping purposes.  The bill also requires any single-family dwelling or dwelling unit of a multi-family dwelling for which a building permit is issued for new construction on or after July 1, 2009, that has a fuel-burning heater or appliance, a fireplace, or an attached garage to have an operational carbon monoxide alarm installed within a specified distance (10 feet or according to the 2010 building code) of each room lawfully used for sleeping purposes.

The bill details the maintenance and installation requirements for carbon monoxide alarms in single-family dwellings and dwelling units in multi-family dwellings that are used for rental purposes.  The bill also addresses and establishes that any person who installs a carbon monoxide alarm according to the manufacturer’s published instructions shall have no liability to any person with respect to the operation, maintenance, or effectiveness of the carbon monoxide alarm.

Additionally, local governments are allowed under the bill to adopt more stringent requirements.  Currently, there is no enforcement in the bill, although the House sponsor has said he would like to see that included.  This bill is up for the third reading in the House of Representatives before it makes its way to the Senate.  At this time, the bill is not even half way through the legislative process and there may be changes introduced through amendments to the bill.

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