Starting July 1st, all homes that are offered for sale, transfer or rent need to comply with HB-1091 which was passed this year by the Colorado House of Representatives. The law was written so that more of the citizens of Colorado would be protected from carbon monoxide poisoning. The law was a direct response to a family being killed in a high end resort rental. The details of how to comply are outlined below. The information is from the Colorado Association of Realtors.
A Carbon Monoxide Alarm:
Detects Carbon Monoxide and produces a distinct, audible alarm;
Conforms to standards recognized by independent product-safety testing laboratories;
Is battery powered, plugs into a home’s electrical outlet and has a battery backup, or is connected to an electrical system via an electrical panel;
May be combined with a smoke detecting device if the combined device has signals that clearly differentiate between the two hazards.
Carbon Monoxide Alarms must be:
Installed in all homes with a fuel-fired heater or appliance, a fireplace, or an attached garage;
Installed within 15 feet of the entrance to each room lawfully used for sleeping.
What a REALTOR® Needs To Know!
By July 1, 2009, the Real Estate Commission will require each listing contract for residential real property to disclose the requirements specified by HB-1091.
The Contract to Buy and Sell will also have a provision addressing the carbon monoxide alarms if it is a residential property.
No person shall have a claim for relief against a property owner or their authorized agent if a carbon monoxide alarm is installed in accordance with the manufacturer’s published instructions.
A seller of residential real property is responsible for assuring that an operational carbon monoxide alarm is properly installed.
A buyer of residential real property shall have no claim for relief against any REALTOR® for damages resulting from the operation, maintenance, or effectiveness of a carbon monoxide alarm if the REALTOR® complies with the law.
Nothing in the legislation precludes local governments from adopting or enforcing more stringent requirements for the installation and maintenance of carbon monoxide alarms.