Caron Monoxide cannot be detected by sight or smell and is the leading cause of accidental death by poison.
Effective 7-1-11 carbon monoxide detectors must be installed in single family dwellings. All other dwellings must have carbon monoxide detectors installed by January 1, 2013.
Owners of residential rental property must also comply with this law. Tenants are responsible to notify the owner of an inoperable or deficient carbon monoxide device.
The penalty for violating the law is a maximum fine of $200 for each offense.
The law is not a “point of sale” requirement. In other words, the seller does not have to install a carbon monoxide detector in order to sell the home in contrast to, for example, smoke detectors and the water heater bracing. The latter two items are both “point of sale” requirements, and thus a seller must install smoke detector(s) and brace of the water heater in order to sell the home.
Although a carbon monoxide detector is not a point of sale requirement, a seller must disclose the lack of a carbon monoxide detector to the buyer in a written disclosure contained on the recently amended California Association of Realtors (CAR’s) Transfer Disclosure Statement form (“TDS”).
CAR’s TDS disclosure form been amended to allow Sellers to check a box to indicate if a carbon monoxide detector is present in the home or not. Another recent change to the CAR’s TDS form is that it incorporates into it two previous separate disclosure forms: 1) Smoke Detectors and 2) Water Heater bracing.
Amends Sections 1102.6 and 1102.6d of the CA Civil Code and adds Sections 13260, 13261, 13262, 13263, 17926, 17926.1, and 17926.2 to the CA Health and Safety Code.
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Filed under: Home Buyers, Home Sellers, Real Estate Tagged: | Carbon monoxide, Carbon monoxide detector, Carbon monoxide poisoning, Law, new law, point of sale requirement, Single-family detached home, Smoke detector, Water heating
