A new bill was recently passed by the Wisconsin Senate that will require landlords that rent out single-family homes and duplexes to install carbon monoxide detectors on all floors of these dwellings by Febraury 1, 2011.
Senate Bill 415 was passed 69-27 via voice vote after the Assembly previously passed the bill by a 2/3′s margin. You can read the entire history of the bill here. It is anticipated that the Governor will sign the bill.
SB 415 requires the owner of most buildings that contain one or two dwelling units to install a carbon monoxide detector in the basement and on each floor of the dwelling unit except for the attic.
Additionally, the bill requires that if the tenant notifies the owner in writing that a detector is not working properly, that the owner must perform the necessary maintenance to repair the detector or replace it within 5 days after receipt of the notice by the tenant.
The bill also exempts an owner for any liability for any false alarms or from the failure of the detector to work properly if its failure was due to tampering, as long as the owner reasonably maintained the detector.
Existing 1 and 2 unit dwellings will be allowed to use battery operated carbon monoxide detectors.
A carbon monoxide detector is not required to be installed if the unit does not have an attached garage, has no fireplace, and has no fuel-burning appliances.
Finally, the bill authorizes a building inspector to inspect new dwellings, and if requested to do so by the owner or tenant, to inspect the interior of an existing rental unit to ensure that the owner has complied with the requirements set forth in this bill.
This new law will become effective as of February 1, 2011 and will be contained in Section 101.647 of the Wisconsin Statutes.
Please remember that the carbon monoxide law that affects rentals that include 3 units or greater goes into effect April 1, 2010. This law can be found in Sec. 101.149, of the Wisconsin Statutes. ADDED 3/1/10: These regulations were issued as emergency rules by the Department of Commerce, Safety and Building Division, as required 2007 Wisconsin Act 205 (in April 2008). The Wisconsin Department of Commerce’s brochure on this law is very informative.
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Thanks to Atty. Heiner Giese for forwarding this information to me.
#1 by Brian K on April 6th, 2010
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Everyone should know that most, if not all, carbon monoxide alarms do NOT comply with the strict provisions of the current law mandating placement of CO detectors in multi-unit buildings. The current law states 2 things among others:
1. 101.149(2)(a)4. (A CO detector must be located)
” In each room that has a fuel-burning appliance and that is not used as a sleeping area. A carbon monoxide detector shall be installed under this subdivision not more than 75 feet from the fuel-burning appliance.”
This would usually mean the kitchen.
2. All CO alarms must be installed in accordance with the recommendations of the maunfacturer.
101.149(2)(e)
(e) The owner shall install every carbon monoxide detector required by this subsection according to the directions and specifications of the manufacturer of the carbon monoxide detector.
Here is an excerpt from the manual of the Kidde COP-B and COPP-B:
“Keep the CO alarm away from excessively dusty, dirty,
or greasy areas such as kitchens, garages and furnace rooms. Dust, grease and household chemicals can affect the sensor.”
These instructions are rather vague, and depending on the judge, may allow the placement of these units in the same room as a fuel burning appiance. Then again, they may not.
The instructions for most CO alarms specifically state that the alarm is NOT to be placed in a kitchen. The kitchen is usually the room where the fuel burning appliance is located. I purchased 10 alarms manufactured by First Alert, only to find that the instructions stated that these alarms cannot be placed anywhere within 20 feet of a fuel burning appliance. Since a gas oven/range is a fuel burning appliance, these limitations make this model almost completely useless under the law, even if your specific circumstances compell the use of multiple detectors within a unit.
Furthermore, neither the statutes or the admin. code promulgated under the statutes define key terms and concepts such as “room” and how to measure distance.
Good luck complying with this law. As a result of this law,look for savvy trial lawyers and insurance companies to place the blame for any CO related damages squarely on landlords whom they will be easily able to argue were negligent since they did not comply with a law that is virtually impossible to comply with and seemingly deliberately vague. More classic fascist socialism from your friends in government.
#2 by Tristan R. Pettit, Esq. on April 6th, 2010
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Brian K — Thanks for your comments. All very good points and true.
#3 by BT on May 18th, 2010
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Brian or Tristan, have you found battery-powered models that do comply (as compared to the FirstAlert models that did not)?
#4 by mike collins on January 31st, 2011
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take a pill to feel comfortable?
carbon monoxide producing appliances if properly installed and used for it’s intended purpose w/ regular maintenance and checks – co levels will be at an acceptable level 9 ppm or less along with proper air changes per day in the building. thats what regular checks are for- do you really want to depend on this alarm to function properly when needed/ since this does nothing for your pocket book when co is up you are not getting the full capacity of your nat gas or oil you purchased! money wasted out the vent! hten when this alarm comes into play your appliances are in real need of rejuvenation- $$$ comon sence is needed the manufacurers have a recommended maint program as apart of their how to operate operation manual and are readilly available.
you still need to maintain appliances with or witout a co alarm you think??
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