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State Regulations Set Requirements for Installation of Carbon Monoxide Alarms
The Massachusetts Board of Fire Prevention Regulations has adopted regulations implementing the state’s new law requiring the installation of carbon monoxide alarms virtually all residential structures. The statute applies to all residential structures that either contain “fossil fuel-burning equipment” (defined as furnaces, water heaters, stoves, fireplaces, or other equipment that produces carbon monoxide as a byproduct) or incorporate enclosed parking within the structure.
The implementing regulations, published in February 2006, establish two options and two deadlines. Under the first option, homeowners, including apartment building owners, have until March 31 of this year to install “approved” carbon monoxide alarms in their dwellings. The alarms must be placed on every level “designed, used and furnished” for living purposes. On any floor containing sleeping areas, the alarms must be installed no further than 10 feet from each bedroom door. Alarms are required in attics and basements only if those areas are finished and furnished as living areas. The Option 1 rules permit many different types of alarms, including: Battery-powered units; an AC plug-in powered alarm with a battery back-up; a hardwired AC unit with battery back-up; a low-voltage or wireless alarm system; or a combination smoke detector and CO alarm powered by battery or AC with a battery-back-up.
Although Option 1 requires alarms only in individual residences, apartment building owner should consider installing them in common use areas (media rooms, fitness centers, clubhouses, function rooms, etc.), as well. The health risk that exists in individual apartments may exist, to some extent, in these common areas. Under the second option, instead of installing alarms in every dwelling unit, owners of multi-family buildings can install continually monitored alarms in rooms containing central heating, hot water, and other ‘fossil fuel-burning” equipment, and in all dwelling units and areas immediately adjacent to an enclosed parking facility. Unlike the Option 1 alarms, Option 2 alarms cannot be battery powered; they must be hard-wired and connected to a monitoring station that is staffed continuously. This option also requires the installation of alarms in dwelling units containing fossil-burning equipment, but those alarms can be battery-powered. Apartment building owners selecting this option have until Jan. 1, 2007 to comply and they must provide written notice of their decision to the local fire department by that date. Building owners of more than 500 residential units which are owned or managed by a single entity may also request an extension on compliance until January 1, 2007 for either Option 1 or Option 2. Such request must be received by the local fire department before the March 31 deadline.
As apartment building owners and managers are responsible for the installation costs of carbon monoxide alarms regardless of which Option they chose, owners and managers must evaluate each building to determine the most cost effective means of compliance. For instance, owners and managers of large residential buildings containing either a central boiler or enclosed parking will probably find Option 2 to be the most cost effective means of compliance.
Owners and managers of smaller buildings or buildings in which a majority of the apartments contain fossil fuel burning equipment, including fireplaces and gas stoves, may find Option 1 to be a simpler and more practical solution.
Owners and managers should also consider asking outside experts –alarm companies or their municipal fire departments — for guidance in complying with the new requirements. Owners and managers that seek outside advice should get it in writing so if questions arise later, they will be able to show that they relied on the instructions of industry experts or enforcement authorities.
The new carbon monoxide alarm regulations will be enforced in the same way as the regulations requiring smoke detectors in residential buildings – owners seeking to sell must obtain a certificate of compliance from the municipal fire department before they can transfer ownership. Owners who order the smoke detector and carbon monoxide certificates at the same time will be able to pay a single fee for the two inspections and building owners will pay a set fee based on the number of units.
Apartment building owners and managers are required to, at a minimum, maintain, test, repair or replace every carbon monoxide alarm upon the renewal of any lease term or annually, whichever is more frequent. This includes ensuring that compliant alarms are present and operating at each new or successive lease term, or annually, and replacement of the batteries for each alarm annually. Although technically the regulations could be read to require monthly compliance checks for month to month tenancies, it is unlikely that the Board of Fire Prevention Regulations intended this or that a monthly inspection requirement would be enforced. The owner’s installation, inspection and maintenance duties will be enforceable by both the local board of health and fire department.
Apartment building owners and managers should also be aware that, as with smoke detectors, special units are required for apartments in which a hearing impaired individual resides.
As with any new regulation, the carbon monoxide requirements may produce some initial uncertainty and confusion until fire departments, owners, and real estate professionals become more familiar with the new standards.
©2006 MARCUS, ERRICO, EMMER & BROOKS, P.C.
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