How to Comply with Updated CO Detector Rules

Carbon monoxide (CO) is a particularly dangerous gas. In addition to being fatal in large enough quantities, it's odorless, colorless, tasteless, and nonirritating. Passed in December 2011 and effective as of April 25, 2012, Local Law 75 of 2011 requires building owners to replace their carbon monoxide alarms regularly, and the first deadline for doing so is approaching in October. The law amends a 2004 law that initially required owners to install these alarms by November of that year.

Replacement. The new law adds a provision that existing CO alarms must be replaced at the end of their useful lives as defined by the manufacturer, or by October of this year, whichever is later. With the life spans of these devices averaging five years, depending on the type, many buildings that had them installed back in 2004 will be due for a replacement this fall.

Approved devices. To satisfy the requirements of city law, CO detectors must be endorsed by Underwriters Laboratories, signified by a “UL” marking on the device or packaging. According to the law, detectors must comply with UL 2034 standards and be of a type that emits an audible notification at the expiration of the useful life of the alarm.

In existing buildings, a CO detector can be battery-operated or plug-in as long as it has a battery backup in case of power interruption. New or substantially improved buildings must have detectors that are hard-wired to the building's electrical systems. The installation of a combination smoke alarm/CO detector is allowed.

Placement. City law requires a CO alarm to be installed within 15 feet of the primary entrance to each bedroom in an apartment. Unlike smoke detectors, they don't necessarily have to be installed high up, as CO is the same density as air and doesn't rise to the ceiling as smoke does. To ensure proper operation, do not install them next to bathrooms, which are sources of humidity, or near gas-burning stoves or dryers. Do not place them in areas where they are likely to be damaged by children or pets.

Maintenance. All CO alarms should have a “test” button and should be tested regularly—once a month is a good rule of thumb. Batteries should be changed twice a year. To make it easier to remember, the city recommends changing the batteries in your CO detector (and smoke detector) at the same time you change your clocks for daylight savings time. Tenants are responsible for this maintenance, so owners and managers should be sure to advise them of these best practices.

Certification and notice. After installing or replacing a CO alarm, the owner must file a Certificate of Satisfactory Installation with the city's Department of Housing Preservation and Development (HPD) within 10 days. This form can also be filed online.

In addition, HPD requires buildings to post a notice of CO alarm requirements in a common area and provide written information about the testing and maintenance of the installed CO alarms and more general information about carbon monoxide poisoning to an adult occupant of each unit when the alarm is installed. If your building has three or more apartments, the law says you must post a notice in the building's common area, in an HPD-approved format, describing your duty to install CO detectors. (If your building has one or two apartments, you must give this notice to the occupants.) HPD's rules give more details about this notice requirement.

• Location. The rules say you must post the notice in a “readily visible” location in the building's common area. HPD prefers that the notice be posted near the building's inspection certificate.

• Size. The rules don't specify the size of the notice. But to play it safe, make sure it's large enough so that it's easily visible to tenants.

• Content. The notice must say that the owner is required by law to install one or more approved and operational CO detectors in the building within 15 feet of the primary entrance to each bedroom; each occupant is responsible for maintaining and repairing the detectors and for replacing any detectors that are stolen, removed, missing, or rendered inoperable while the occupant is living in the apartment; and the occupant must reimburse the owner $25 for each newly installed CO detector. The occupant must also reimburse the owner that amount for each replacement CO detector the owner installs if the occupant doesn't maintain the detector or loses or damages it. The occupant must make the reimbursement within one year after the installation.

Records. After installing approved CO alarms, owners must keep all records relating to their installation and maintenance and make them available to HPD, the Department of Buildings, the Fire Department, and the Department of Health and Mental Hygiene upon request.

The rules say you must keep records of the following information relating to the installation and maintenance of the CO detectors in the building. You must keep these records at the building, unless HPD gives you permission to keep them somewhere else:

• The date you posted the notice;

• The date you installed each CO detector;

• The manufacturer-suggested useful life of the devices;

• The primary source of each CO detector's power—building wiring with a secondary battery backup; battery-operated; or plug-in type detector with a backup battery.

• The apartment number and location within the apartment where you installed each detector;

• The date you tested each detector to determine if it works properly;

• The maintenance work done on each detector; and

• The date an occupant requested that you replace or repair a detector.