Re-print from Why Platinum?
PLATINUM CARE: The Platinum Elite Group cares about the health and safety of our clients, and education is always a key.
PLATINUM CARE: The Platinum Elite Group cares about the health and safety of our clients, and education is always a key.
A lot of the time you hear something about some new law, but what about the details? How does it affect you?
Yes, at first glance it's an inconvenience, but with a significant number of deaths and illnesses each year, California has decided to address this issue.
Up to 40 California residents die each year from carbon monoxide poisoning, according to state Sen. Alan Lowenthal (D-Long Beach), whose legislation was signed last year by Gov. Arnold Schwarzenegger.
The new law goes in force requiring installation of carbon monoxide detectors in homes sold after July 1st, 2011, and all residences in 2013. Rental unites are also affected.
We decided to refer to some experts for more details about how this practically affects each of you, and when.
Re-print of article from The San Diego Real Estate Inspection Company
New Law Regarding Carbon Monoxide Detectors
Home Inspectors will start checking for CO detectors after passage of new Disclosure Laws
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) after July 1, 2011. It also requires that Carbon Monoxide detectors are installed in ALL homes by January 1st, 2013.
Expect to see this new inspection item in your home inspection report. Home inspectors will be required to report on the presence or absence of a working Carbon Monoxide detector just like they report on Smoke Detectors, and water heater strapping.
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 July 1, 2011.
Details of SB 183
This bill requires that a carbon monoxide device be installed in existing dwellings intended for human occupancy that have a fossil fuel (gas or wood) burning appliance, fireplace, and/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.
More info: As of July 1, 2011, Carbon Monoxide detectors will be REQUIRED in houses that are being sold if they have any of the following:
- Any gas appliances such as a gas stove, gas furnace, gas fireplace, gas water heater, etc.
- A fireplace (even if it only burns wood, pellets, or any other material).
- An attached garage (even if there are no gas appliances in the house!). Cars continue to emit CO even after they are shut off.
- ANY rental dwelling that meets the criteria listed above. Yes this means that if you own a house, condo, or townhouse that you rent to another human being, you are REQUIRED to install Carbon Monoxide detectors.
- As of January 1, 2013, ALL houses that meet the criteria listed above will be required to have Carbon Monoxide detectors. Even those that are not being sold will be required to have them just like smoke detectors.
TRANSFER DISCLOSURE FORMSTHIS 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 July 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.
Be sure the home you are buying is safe. A qualified home inspector will provide the information you need to feel confident about your home buying decision. Don’t compromise when choosing a home inspector. Be sure to ask if they will check for this.
You can read the entire new Carbon Monoxide Bill here.
The San Diego Real Estate Inspection Company feels that Carbon Monoxide detecors are as important, or more, than a traditional smoke detector. We will will add this as an inspection item effective immediately. We want to get this information out to buyers and sellers. Most Carbon Monoxide detectors cost $50 or less.
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end of article
Click HERE for a great blog also from the San Diego Real Estate Inspection Company regarding water heater safety. Includes a clip from the TV show, MythBusters, and whether water heaters can really turn into bombs.
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* The content of this blog is for informative purposes only. It does not reflect official standing of any agent, agency, or company mentioned on the blog. Nor is this blog necessarilly an endorsement. Please consult with your insurance, tax, or legal specialist before making any decisions. This blog is purely meant to spark the thought process.
