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NYC's New Carbon Monoxide Law |
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Carbon Monoxide
Rules and Forms
Frequently Asked
Questions on NYC's New Carbon Monoxide Law
- What is
carbon monoxide (CO)?
CO is a highly toxic gas. It is the product of the incomplete combustion
of fossil fuels such as oil, natural gas, gasoline, wood and coal. The
major sources of CO in homes and apartments are fossil fuel burning
boilers, furnaces, water heaters, fireplaces and parking garages. CO is
very dangerous because it is colorless, odorless, tasteless, and
non-irritating. CO poisoning can be fatal. The warning signs of CO
poisoning are headaches, dizziness, tiredness and nausea. If you feel
that you are suffering from the effects of CO poisoning or that your
home may have a CO leak immediately open all of the windows and remove
yourself from your home and call the Fire Department.
- What are
building owners' responsibilities under New York City's new law on
carbon monoxide detectors?
- Provide and install
at least one approved carbon monoxide alarm within each dwelling unit.
The carbon monoxide alarms must be installed within fifteen feet of
the primary entrance to each sleeping room. This applies to all
multiple dwellings and one- and two-family homes.
- File a "Certificate
of Satisfactory Installation" within
10 days from the date of installation, with
HPD's Borough Code Enforcement office
in the borough in which the dwelling is located. This applies to all
multiple dwellings.
- Post
a notice in a form approved by HPD
in a common area informing occupants of Local Law # 7 requirements.
This applies to class "A" multiple dwellings. "A" units are dwellings
used, as a rule, for permanent residences. The typical residential
apartment is an "A" unit.
- Provide
a notice in a form approved by HPD
informing occupants of Local Law # 7 requirements. This applies to
non-owner occupied units in private one- and two-family homes.
- Provide written
information regarding the testing and maintenance of carbon monoxide
alarms, including general information concerning carbon monoxide
poisoning and what to do if a carbon monoxide alarm goes off, to at
least one adult occupant of each dwelling unit. This applies to class
"A" multiple dwellings and non-owner occupied units in one- and
two-family homes.
- Keep all records
relating to the installation and maintenance of carbon monoxide alarms
and make them available upon request to the Department of Housing
Preservation and Development (HPD), the Department of Buildings (DOB),
the Fire Department and the Department of Health and Mental Hygiene (DOHMH).
All multiple dwelling records must be kept on the premises unless HPD
grants permission to keep them elsewhere; records for non-owner
occupied units in private dwellings may be kept by the owner.
- Keep and maintain
the carbon monoxide alarms or systems in good repair. This applies to
class "B" multiple dwellings. "B" units are dwellings used, as a rule,
on a temporary basis. For example, single room occupancies are
typically B units.
- Some units in
buildings without fossil fuel burning furnaces or boilers may be
exempt (see Department of Buildings regulations on
www.nyc.gov/buildings
for more info). CO detectors are also required in dormitories, nursing
homes, and schools.
- What are
tenants' responsibilities under New York City's new law on carbon
monoxide detectors?
- Reimburse the
building owner $25.00 for each carbon monoxide alarm that is newly
installed or installed as a result of the occupant's failure to
maintain the carbon monoxide alarm or where the carbon monoxide alarm
has been lost or damaged by the occupant. This applies to class "A"
multiple dwellings and private dwellings.
- Keep and maintain
the carbon monoxide alarm in good repair. This applies to class "A"
multiple dwellings and private dwellings.
- Replace any carbon
monoxide alarm that is either stolen, removed, missing, or rendered
inoperable during the occupancy of the dwelling unit. This applies to
class "A" multiple dwellings and private dwellings.
- When must the
detectors be installed?
All detectors must be installed by November 1, 2004. Under limited
circumstances, the Department of Buildings' borough offices may grant
time extensions until June 30, 2005. Extensions will be considered on a
case by case basis. Visit
www.nyc.gov/buildings for more
information about the extension process.
- What types of CO
detectors are required?
Approved CO detectors must be marked "UL 2034." For existing buildings,
CO detectors can be battery-operated, or can plug into an electrical
outlet as long as it has a battery back-up in case of power
interruption. New buildings 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.
- Where should the CO
detectors be installed?
CO detectors must be installed within 15 feet of the primary entrance of
each bedroom. They can be installed at other room locations and at
heights recommended by the manufacturer. CO detectors do not have to be
installed on or near the ceiling. To ensure proper operation, do not
install CO detectors next to bathrooms, which are sources of humidity,
or near gas stoves, gas dryers, etc. Detectors should not be placed in
areas where they are likely to be damaged by children or pets.
- What forms
must building owners submit to HPD? Where do building owners get the
forms? When do building owners have to submit them?
Owners must file a Certificate of Installation with the
HPD Code Enforcement borough office
within 10 days of installation. Owners may either
download the Certificate of Installation
or pick one up at any of HPD's Code Enforcement borough offices.
- If a tenant
wants to install his/her own detector, can the owner allow that, or does
the owner have to install it?
Local Law # 7 requires the owner of the dwelling to provide and install
at least one approved and operational CO alarm. If building owners and
tenants are in agreement in allowing the tenant to install the CO alarm,
it is strongly suggested that the owner be provided access to confirm
that an approved CO alarm is properly installed and operational. It is
the owner of the multiple dwelling that must file the certificate of
installation with HPD.
- If you own
your apartment, are you responsible for installing the detector?
For owner-occupied coops and condos, the board and the shareholders must
make this decision.
- If a building owner
has a vacant apartment with no tenant expected to move in, must the
owner install a detector in the vacant apartment? Or, must the owner
only install the detector immediately before the new tenant moves in?
Owners are required to install CO detectors in each dwelling unit.
Nothing in the law limits installation to occupied units.
- Can a
building owner be reimbursed for the cost of a carbon monoxide detector?
When a building owner installs a detector in a rental apartment, the law
requires the tenant to reimburse the owner for $25 within one year.
- Is a
combination smoke/carbon monoxide detector permitted?
Yes
- If a building
owner installs a combination smoke/carbon monoxide detector, can the
owner get a $35 reimbursement from the tenant ($10 for smoke detector
plus $25 for carbon monoxide detector?)
Owners who install a combined smoke and carbon monoxide alarm are
entitled to be reimbursed a maximum of $35.00 only when the smoke alarm
needs to be replaced i.e. it is missing or inoperable. If the smoke
alarm is operable and the building owner still wants to replace it with
a combined alarm, he or she can only be reimbursed $25.00.
- Who is
responsible for maintaining the carbon monoxide detectors?
While the law places responsibility for maintaining the detectors with
the tenant, it requires building owners to replace any detectors that
are lost, stolen or become inoperable. The owner has to "replace within
30 calendar days after the receipt of written notice any such device
which becomes inoperable within one year of the installation of such
device due to a defect in the manufacture of such device and through no
fault of the occupant of the dwelling unit." (27-2046.1b(4)). The
building owner does not get another $25 reimbursement for this kind of
replacement. Presumably, the alarm is covered by manufacturer warranty
for that long.
- What are some tips
for maintaining carbon monoxide detectors?
- Test all carbon
monoxide detectors at least once a month (all alarms have test
buttons).
- Replace batteries
twice a year, in the spring and in the fall when clocks are changed
for daylight savings time.
- An audible trouble
signal will sound warning that the battery is low. Replace the battery
immediately.
- Never paint over
carbon monoxide detectors.
- Replace carbon
monoxide detectors as recommended by the manufacturer. Aged CO
detectors may fail to sound in the presence of carbon monoxide gas.
- How will HPD
enforce the carbon monoxide rules?
HPD will issue violations for failure to install carbon monoxide
detectors and for failure to provide proper notification and
certification of installation in accordance with the law.
- What are the
penalties if an owner does not install a CO detector?
Failure to provide or maintain a CO detector is a class B violation.
Civil penalties can range from $25 to $100 and $10 per day for each
violation until the violation is certified as corrected. In addition,
failure to provide proper notices to occupants or certification of
installation is a class A violation which can carry civil penalties of
up to $50.
- What are some
heating season tips that owners should follow?
- While a CO detector
may help to alert you to the presence of elevated CO levels, it is
important to make sure that plumbing, heating and other gas powered
equipment in your home is properly maintained and serviced regularly
by a licensed professional.
- Keep chimneys clean
and maintain chimney flues.
- Do not attempt to
heat your home with the oven. Burning gas in a closed house or
apartment uses up oxygen and produces deadly carbon monoxide gases.
- Never keep your car
idling in the garage and never turn on gas-powered equipment, such as
snow blowers, chainsaws or generators inside your home and garage.
- Kerosene heaters are
dangerous and illegal in New York City. If you use electric heaters
make sure that they are U.L. rated, and kept away from any combustible
materials such as draperies and linens. Unplug electric blankets and
portable electric heaters when not in use.
- Make sure you have a
working smoke detector in every bedroom and on every level. Check and
change the batteries often.
- You can check
if a repair company has a plumber's or oil burner installer's license
online by using the Building Information System at
www.nyc.gov/buildings
- Where can
tenants and building owners get more information?
Tenants and building owners may call 311 or visit HPD's website at
http://www.nyc.gov/hpd
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