Colorado carbon monoxide alarm rules for landlords: replace at turnover, supply batteries and rely on written notices
Colorado's carbon monoxide alarm law, enacted in 2009 as the Lofgren and Johnson Families Carbon Monoxide Safety Act, requires a rental owner to replace a stolen, missing or non-operational CO alarm before a new tenancy and supply any needed batteries at move-in. Apart from those duties and tenant notices, the owner is not responsible for maintenance.
Which rentals does the Colorado law cover?
Section 38-45-104 covers single-family dwellings and units in multi-family dwellings used for rental purposes that include fuel-fired appliances or an attached garage and that have a change in tenant occupancy on or after July 1, 2009, along with units where permit-requiring alterations or added sleeping rooms occur. A fuel-fired heater or appliance, a fireplace or an attached garage is what triggers it. Placement is within fifteen feet of the entrance to each room used for sleeping, or in a location specified by an adopted building code.
This article reads from the 2009 session law as enacted. Later amendments may exist, so confirm the current C.R.S. text. Local governments may adopt more stringent requirements.
What must the owner do?
- Before a new tenant occupancy, replace any CO alarm that was stolen, removed, missing or not operational after the previous occupancy.
- Make sure the batteries needed to make the alarm operational are provided to the tenant when the tenant takes residence.
- Replace an alarm if the tenant gives written notice that it was stolen, removed, missing or not operational during the tenancy.
- Fix any deficiency the tenant reports in writing that the tenant cannot correct.
Apart from those duties, the owner of a rental unit is not responsible for the maintenance, repair or replacement of a CO alarm or for the care and replacement of its batteries.
What must the tenant do?
Keep, test and maintain all CO alarms in good repair, and give the owner or authorized agent written notice if batteries need replacing, if an alarm is stolen, removed, missing or not operational, or if there is a deficiency the tenant cannot correct. No person may remove batteries from, or render inoperable, a CO alarm except as part of inspecting, maintaining, repairing or replacing it.
Example a made-up owner in Fort Collins finds the alarm gone when a tenant moves out. Before the next tenant takes residence, the owner installs a new alarm and hands the tenant fresh batteries, noting both on the move-in checklist.
Is there a building-wide exception, and a liability shield?
A multi-family building with a centralized alarm system or other mechanism for a responsible person to hear the alarm at all times may install an operational CO alarm within twenty-five feet of any fuel-fired heater, appliance, fireplace or garage. Under section 38-45-106, no one has a claim for damages from the operation, maintenance or effectiveness of a CO alarm against a property owner, agent, person in possession or installer who installs the alarm according to the manufacturer's published instructions and the article.
Move-in and move-out steps in Colorado
At move-out, check every CO alarm: present, working, and not tampered with. Replace any that fail before the next tenant arrives and write the date on the checklist. At move-in, hand over batteries if the alarm needs them and explain in writing that the tenant keeps, tests and maintains the alarm and must send written notice of any problem. Because the tenant's notices must be in writing, give an easy way to send one, such as a request form or an email address. Keep the notices and your replies together.
How DoorKeeping fits in Colorado
DoorKeeping keeps a Colorado unit's alarm checks as dated work orders with photos, so the move-in test, the tenant's reports and your fixes are on the record. Tenant written notices arrive as dated requests, which the replace-on-notice duty relies on. This is general information, not legal advice. Check the current statute, your local fire code and your lease before you act.
Sources
Questions
- Who supplies batteries for a Colorado rental CO alarm?
- The owner ensures any needed batteries are provided to the tenant when the tenant takes residence.
- Who maintains a Colorado CO alarm during the tenancy?
- The tenant keeps, tests and maintains it and gives written notice of problems; the owner replaces or fixes on written notice.
- Which Colorado rentals need a CO alarm?
- Single-family dwellings and multi-family units used for rental that include fuel-fired appliances or an attached garage, at a change in occupancy.