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.
(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.
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