§ 38-45-104. Carbon Monoxide Alarms in Rental Properties

1. Except as provided in subsection (5) of this section, any single-family dwelling or dwelling unit in a multi-family dwelling used for rental purposes and that includes fuel-fired appliances or an attached garage where, on or after July 1, 2009, interior alterations, repairs, fuel-fired appliance replacements, or additions, any of which requires a building permit, occurs or where one or more rooms lawfully used for sleeping purposes are added shall be subject to the requirements specified in sections 38-45-102 and 38-45-103.
2. Except as provided in subsection (5) of this section, each existing single-family dwelling or existing dwelling unit in a multi-family dwelling that is used for rental purposes that has a change in tenant occupancy on or after July 1, 2009, shall be subject to the requirements specified in sections 38-45-102 and 38-45-103.
3. 1. Notwithstanding any other provision of law, the owner of any rental property specified in subsections (1) and (2) of this section shall:
      1. Prior to the commencement of a new tenant occupancy, replace any carbon monoxide alarm that was stolen, removed, found missing, or found not operational after the previous occupancy;
      2. Ensure that any batteries necessary to make the carbon monoxide alarm operational are provided to the tenant at the time the tenant takes residence in the dwelling unit;
      3. Replace any carbon monoxide alarm if notified by a tenant as specified in paragraph (c) of subsection (4) of this section that any carbon monoxide alarm was stolen, removed, found missing, or found not operational during the tenant’s occupancy; and
      4. Fix any deficiency in a carbon monoxide alarm if notified by a tenant as specified in paragraph (d) of subsection (4) of this section.
   2. Except as provided in paragraph (a) of this subsection (3), the owner of a single-family dwelling or dwelling unit in a multi-family dwelling that is used for rental purposes is not responsible for the maintenance, repair, or replacement of a carbon monoxide alarm or the care and replacement of batteries for such an alarm.
4. Notwithstanding any other provision of law, the tenant of any rental property specified in subsections (1) and (2) of this section shall:
   1. Keep, test, and maintain all carbon monoxide alarms in good repair;
   2. Notify, in writing, the owner of the single-family dwelling or dwelling unit of a multi-family dwelling, or the owner’s authorized agent, if the batteries of any carbon monoxide alarm need to be replaced;
   3. Notify, in writing, the owner of the single-family dwelling or dwelling unit of a multi-family dwelling, or the owner’s authorized agent, if any carbon monoxide alarm is stolen, removed, found missing, or found not operational during the tenant’s occupancy of the single-family dwelling or dwelling unit in the multi-family dwelling; and
   4. Notify, in writing, the owner of the single-family dwelling or dwelling unit of a multi-family dwelling, or the owner’s authorized agent, of any deficiency in any carbon monoxide alarm that the tenant cannot correct.
5. Notwithstanding the requirements of section 38-45-103 (1) and (2), so long as there is a centralized alarm system or other mechanism for a responsible person to hear the alarm at all times in a multi-family dwelling used for rental purposes, such multi-family dwelling may have an operational carbon monoxide alarm installed within twenty-five feet of any fuel-fired heater or appliance, fireplace, or garage or in a location as specified in any building code adopted by the state or any local government entity.
6. No person shall remove batteries from, or in any way render inoperable, a carbon monoxide alarm, except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm.

Source: L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 183, § 2, effective March 24.