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NEW California Carbon Monoxide LAW
Starting July 1, 2011
California Senate Bill 183 was signed into law which requires the installation of Carbon Monoxide detectors in rental units, and dwellings that are being transferred (sold) by January 1, 2011. It also requires that Carbon Monoxide detectors are installed in ALL homes by January 1st, 2013.
Home Buyers and Sellers will also see this new requirement on Transfer Disclosure Statements. In addition to Smoke Alarms and strapped water heaters, sellers will be required to disclose the presence or absence of a working Carbon Monoxide detector starting January 1, 2011.
This bill requires that a carbon monoxide device be installed in existing dwellings intended for human occupancy that have a fossil fuel burning appliance, fireplace, or an attached garage, provides that the exclusive remedy for failure to install a device is actual damages not to exceed $100, exclusive of any court costs and attorney’s fees, revises the statutory Real Estate Transfer Disclosure Statement to require the seller of a one-to-four residential property or manufactured home to make certain disclosures regarding carbon monoxide devices, smoke detectors, and water heaters, and requires the owner of a rental dwelling unit to maintain carbon monoxide devices in the unit.
This bill revises the statutory transfer disclosure statement as follows:
1. Requires the seller to check off whether or not the property has one or more carbon monoxide devices.
2. Adds a footnote to the statement advising buyers that installation of a carbon monoxide device is not a precondition of sale.
3. Requires a seller to certify, as opposed to checking off as under existing law, which the property is in compliance with laws requiring smoke detectors and the bracing of water heaters.
This bill requires that a carbon monoxide device be installed in existing dwellings intended for human occupancy that have a fossil fuel burning appliance, fireplace, or an attached garage beginning January 1, 2011 for single-family dwelling units and January 1, 2012 for all other units.
This bill provides that failure to install a carbon monoxide device is an infraction. Under the bill, an owner must first be given a 30-day notice to correct the violation and, if it is not corrected within that time period, the owner is subject to a fine of $200 for each offense.
This bill requires a property owner to maintain carbon monoxide devices in a rental dwelling unit and would require that the devices be operable at the time the tenant takes possession of the unit. This bill requires a tenant to notify the landlord if the tenant becomes aware that the device is inoperable or deficient and would require the landlord to correct the reported inoperability or deficiency. This bill provides that a landlord is not in violation if he/she has not received the notification from the tenant.
This bill provides that a landlord may enter the dwelling unit for the purpose of installing, repairing, testing, and maintaining carbon monoxide devices pursuant to the requirements of Civil Code Section 1954.
Most Carbon Monoxide detectors cost $30 or less.