You don't want the seller paying for these...

I wrote a lengthy post on the details of the new Carbon Monoxide Law in Oregon. In summary, a seller is required to install carbon monoxide detectors before transfer of title. The advise I give my clients is this:
The seller will most likely pick the cheapest detector systems and stick them anywhere. They've met the requirements of the law and the buyer is stuck with crappy detectors. Better to install dual carbon monoxide/smoke detectors ($30-$40) rather than have several different detectors scattered around the house. If they do force the seller to install detectors they will probably end up spending the money they save on batteries for all those apparatuses. Every client I have explained this to ends up not wanting the seller to install the detectors.

www.gowithevergreen.com
Jason Lewis
Evergreen Home Inspections

The Scoop on Carbon Monoxide Law

As of April 1st 2011 Oregon now requires carbon monoxide detectors on homes before transfer of title. I have heard several different versions of what the law requires. For instance, an electrician told our LETIP group the other day that a home with a fireplace but with no gas combustion system (water heater, stove) is exempt. Here is the exact wording from ORS 105:
(2) "Carbon monoxide source" means:
(a) A heater, fireplace, appliance or cooking source that uses coal, kerosene, petroleum products, wood or other fuels that emit carbon monoxide as a by-product of combustion;
 After I heard the electrician I had to go back and double check the law because I told my client the previous day that the house did fall under the rule. Actually we now include a standard blurb about the requirement for detectors before the transfer of title. Most of the Realtors are tracking the new law. Just in case you are not, here too is the verbiage from ORS concerning this:
ORS 105.838 Carbon monoxide alarm in dwelling.
(1) A person may not convey fee title to a one and two family dwelling or multifamily housing that contains a carbon monoxide source, or transfer possession under a land sale contract of a one and two family dwelling or multifamily housing that contains a carbon monoxide source, unless one or more properly functioning carbon monoxide alarms are installed in the dwelling or housing at locations that provide carbon monoxide detection for all sleeping areas of the dwelling or housing.
(2) A carbon monoxide alarm in a one and two family dwelling or multifamily housing described in subsection (1) of this section must be installed in conformance with applicable rules of the State Fire Marshal and in conformance with any applicable requirements of the state building code.
(3) Violation of this section or a rule adopted by the State Fire Marshal does not invalidate any sale or transfer of possession of a one and two family dwelling or multifamily housing. [2009 c.591 §2]
The interesting part is section 3. It raised my eyebrow because it seems to communicate there is no consequences if the home is sold without a detector. Actually the consequences are listed in the next section:
ORS 105.840 Action by purchaser for failure of seller to install carbon monoxide alarm. A
purchaser or transferee of a one and two family dwelling or multifamily housing who is aggrieved by a violation of ORS 105.838 or of a rule adopted under ORS 476.725 may bring an individual action in an appropriate court to recover the greater of actual damages or $250 per residential unit. In any action brought under this section, the court may award to a prevailing party, in addition to the relief provided in this section, reasonable attorney fees at trial and on appeal, and costs. Actions brought under this section must be commenced within one year after the date of sale or transfer. [2009 c.591 §3]
I am sure no one wants their clients shelling out several hundred dollars in court costs or more likely just the $250 per unit. Home Inspectors are on the hook as well if they don't point this out during an inspection. A more severe cas is the story out of Denver where a family of four, who won an auction to rent a multi-million dollar home in Aspen went to bed and did not wake up because of a faulty heater. Everyone from the contractor to the home inspector, even the realtor was hauled into court. A much more cautionary tale for any one overlooking the absence of carbon monoxide detectors. Link for story is below.
http://abcnews.go.com/US/story?id=6376209&page=1
One final issue. How exactly is the detector to be installed? Again, lots of people are weighing in without reading the law. Here are the words direct from the law:
908.7.1 Installation Location. Carbon monoxide alarms shall be located in each bedroom or within 15 feet outside of each bedroom door. Bedrooms on separate floor levels in a structure consisting of two or more stories shall have separate carbon monoxide alarms serving each story.
908.7.3.1 Carbon Monoxide Alarms. Single station carbon monoxide alarms shall be battery operated, or may receive their primary power from the building wiring system. Plug in devices securely fastened to the structure and installed in accordance with the manufacturer's installation instructions are deemed to satisfy this requirement. Hard wired and plug in carbon monoxide alarms shall be equipped with battery back up.
A detector in each bedroom. One on each floor. It does not need to be hardwired into the house for power. A battery is sufficient or the device can be plugged in.
I hope this information is helpful. I apologize to those of you not in Oregon. Hopefully the discussion at least prods you to find out the applicable laws in your state.

More details of our new business

My name is Jason Lewis and I am co-owner of Evergreen Home Inspections located in Sublimity, Oregon just outside of Salem. For the past 10 years I have been an Army Civil Affairs Officer with two deployments to Iraq and Afghanistan. The amount of time I spent away from my family convinced me it was time for a new career. I was commissioned into the Army in Oct 2001 planning on making the Army a career. I was able to further my education by obtaining a Masters in Environmental Management, managed numerous, large scale contruction and development projects in Iraq and Afghanistan, as well as learn the critical skills of working with a variety of individuals from host nation officials to road and bridge engineers and non-governmental agencies. All this while under the pressure of failing states and lack of local government or organizations. Regardless, it was stressful, time consuming and ultimately not worth the time I was away from home.
The critical thing I learned is that personal connection is everything.
I could get a lot more done if I knew somebody in a specific department or trade rather than cold call and hope to give a good pitch-although this is another skill I developed. In my search to apply my military training and expertice to the civilian sector Home Inspections became the focus. It is a new occupation for me but I have persisted in learning the trade. My partner and I understand that a real estate transaction is time sensitive (I have bought and sold three homes in the past 8 years). It is important to protect our clients by reporting true deficiencies according to the Oregon Standard of Practice. It is also important to protect our clients by not inundating them with uncessary issues, confusing them with untested technology or wading into areas that clearly fall outside our lane. We have a 7 point committment to Realtors on our website that we hope will be the basis of a good relationship and good business practices. At the core is that our reputation (both agent's and home inspector's) is paramount. The best way to improve and protect our reputation is to treat our client as we would want to be treated and find the issues that would concern us if we were buying a home. Conversely, stay away from areas that would be rabbit holes and avoid discussions with confusing jargon. We are general practitioners not specialists. We should not nit-pick at an inspection but report truthfully, accurately the condition of the home. With this philosophy at our core we are confident we can become the Willamette Valley's premier, go to Home Inspection company. Please contact me with any questions. Consider giving us an opportunity to prove our worth. We look forward to the challenge!

www.gowithevergreen.com

We are committed to the Real Estate Professionals

Our 7 point commitment to Real Estate Professionals:
  1.      The client comes first.
  2.      Your reputation, like ours, is paramount.
  3.       Integrity is critical for future success.
  4.       We are available 7 days a week.
  5.       The client will have full-color, narrative report in hand within 12 hours of the inspection.
  6.       As affiliate members of the Oregon Association of Realtors we will keep up to date    on trends, laws and issues relevant to your industry.
 7.       You are covered by us: Our insurance extends indemnity to referring parties.

We stand by these commitments and hope you will give us an opportunity to demonstrate our value as a company.

www.gowithevergreen.com
Jason Lewis
Evergreen Home Inspections

What a difference a year makes! A year ago I was celebrating 10 years in the military by trying to help stabilize local Afghan governments. A year before that I was concluding 15 months in Iraq. What did I learn? GOD BLESS OUR COUNTRY! To be able to get out and pursue whatever field I want is such a blessing I can't even describe. We are so fortunate to even have the opportunity to network freely, drive where we want to go, and make as much money as we can handle. And typically, as Americans, we give a portion of that money away. May we continue to focus and practice the basics of good society: Respect for others, Honesty and truth in all our dealings, and to always be thankful. My business is now fully operational. Our website has been fully updated and I encourage you to visit. Thank you to all who have offered suggestions on how to be a better home inspection company. We are listening!