§ 38-45-104 — Carbon monoxide alarms in rental properties

(1) Except as
provided in subsection (5) of this section, any single-family dwelling or dwelling unit
in a multi-family dwelling used for rental purposes and that includes fuel-fired
appliances or an attached garage where, on or after July 1, 2009, interior
alterations, repairs, fuel-fired appliance replacements, or additions, any of which
requires a building permit, occurs or where one or more rooms lawfully used for
sleeping purposes are added shall be subject to the requirements specified in
sections 38-45-102 and 38-45-103.

(2) Except as provided in subsection (5) of this section, each existing single-family dwelling or existing dwelling unit in a multi-family dwelling that is used for
rental purposes that has a change in tenant occupancy on or after July 1, 2009, shall
be subject to the requirements specified in sections 38-45-102 and 38-45-103.

(3) (a) Notwithstanding any other provision of law, the owner of any rental
property specified in subsections (1) and (2) of this section shall:

(I) Prior to the commencement of a new tenant occupancy, replace any
carbon monoxide alarm that was stolen, removed, found missing, or found not
operational after the previous occupancy;

(II) Ensure that any batteries necessary to make the carbon monoxide alarm
operational are provided to the tenant at the time the tenant takes residence in the
dwelling unit;

(III) Replace any carbon monoxide alarm if notified by a tenant as specified in
paragraph (c) of subsection (4) of this section that any carbon monoxide alarm was
stolen, removed, found missing, or found not operational during the tenant's
occupancy; and

(IV) Fix any deficiency in a carbon monoxide alarm if notified by a tenant as
specified in paragraph (d) of subsection (4) of this section.

(b) Except as provided in paragraph (a) of this subsection (3), the owner of a
single-family dwelling or dwelling unit in a multi-family dwelling that is used for
rental purposes is not responsible for the maintenance, repair, or replacement of a
carbon monoxide alarm or the care and replacement of batteries for such an alarm.

(4) Notwithstanding any other provision of law, the tenant of any rental
property specified in subsections (1) and (2) of this section shall:

(a) Keep, test, and maintain all carbon monoxide alarms in good repair;

(b) Notify, in writing, the owner of the single-family dwelling or dwelling unit
of a multi-family dwelling, or the owner's authorized agent, if the batteries of any
carbon monoxide alarm need to be replaced;

(c) Notify, in writing, the owner of the single-family dwelling or dwelling unit
of a multi-family dwelling, or the owner's authorized agent, if any carbon monoxide
alarm is stolen, removed, found missing, or found not operational during the
tenant's occupancy of the single-family dwelling or dwelling unit in the multi-family
dwelling; and

(d) Notify, in writing, the owner of the single-family dwelling or dwelling unit
of a multi-family dwelling, or the owner's authorized agent, of any deficiency in any
carbon monoxide alarm that the tenant cannot correct.

(5) Notwithstanding the requirements of section 38-45-103 (1) and (2), so
long as there is a centralized alarm system or other mechanism for a responsible
person to hear the alarm at all times in a multi-family dwelling used for rental
purposes, such multi-family dwelling may have an operational carbon monoxide
alarm installed within twenty-five feet of any fuel-fired heater or appliance,
fireplace, or garage or in a location as specified in any building code adopted by the
state or any local government entity.

(6) No person shall remove batteries from, or in any way render inoperable, a
carbon monoxide alarm, except as part of a process to inspect, maintain, repair, or
replace the alarm or replace the batteries in the alarm.

Legislative History

Source: L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 183, � 2, effective March 24.