Carbon Monoxide Bill Passed into Law in Colorado

Governor Ritter signed HB 1091 into law.  The new law will cover all new residential construction and existing single-family and multi-family housing units offered for sale, transfer or rent.  

Beginning July 1, 2009, a seller of residential real property containing a fuel-fired heater or appliance, a fireplace, or an attached garage will be responsible for assuring that a carbon monoxide alarm is properly installed within 15 feet of the entrance to each room lawfully used for sleeping.  No person shall have a claim for relief against a property owner or their authorized agent if a carbon monoxide alarm is installed in accordance with the manufacturer’s published instructions. 

HB-1091 covers all existing single-family and multi-family housing units offered for sale, transfer or rent.  In additon, all new residential construction is required to comply.

A Carbon Monoxide Alarm:

• Detects carbon monoxide and produces a distinct, audible alarm;
• Conforms to standards recognized by independent product-safety testing laboratories;
• Is battery powered, plugs into a home’s electrical outlet and has a battery backup, or is connected to an electrical system via an electrical panel;
• May be combined with a smoke detecting device if the combined device has signals that clearly differentiate between the two hazards.

Carbon Monoxide Alarms must be:

• Intalled in all homes with a fuel-fired heater or appliance, a fireplace, or an attached garage;
• Installed within 15 feet of the entrance to each room lawfully used for sleeping.

What a REALTOR® Needs To Know!

• By July 1, 2009, the Real Estate Commission will require each listing contract for residential real property to disclose the requirements specified by HB-1091.
• No person shall have a claim for relief against a property owner or their authorized agent if a carbon monoxide alarm is installed in accordance with the manufacturer’s published instructions.
• A seller of residential real property is responsible for assuring that an operational carbon monoxide alarm is properly installed.
• A buyer of residential real property shall have no claim for relief against any REALTOR® for damages resulting from the operation, maintenance, or effectiveness of a carbon monoxide alarm if the REALTOR® complies with the law.
• Nothing in the legislation precludes local governments from adopting or enforcing more stringent requirements for the installation and maintenance of carbon monoxide alarms.

I hope you find this information helpful.  Please contact me with any questions, Mike@MikeMalvey.com.