1.) Here's the new residential carbon monoxide detector/alarm law, commonly called "Nicole's Law"
Chapter 123 of the Acts of 2005
AN ACT RELATIVE TO THE INSTALLATION OF CARBON MONOXIDE ALARMS AND SMOKE DETECTORS IN RESIDENTIAL BUILDINGS
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1.
This act shall be referred to and may be cited as “Nicole’s Law”.
SECTION 2. The first paragraph of section 10A of chapter 148 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following words:- The head of the fire department or the marshal may revoke any such permit for cause.
A fee of $25 may be charged by the head of the fire department for any permit granted under this section, unless otherwise set in a town by the board of selectmen or town council, or in a city by the mayor, but such fee shall not exceed $50 except as provided in this paragraph. If a smoke detector inspection, conducted pursuant to section 26F, and a carbon monoxide alarm inspection, conducted pursuant to section 26F ½, are conducted simultaneously, the owner shall not be subject to an additional fee for the carbon monoxide alarm inspection. The fee for either a carbon monoxide alarm inspection or a smoke detector inspection, conducted separately, shall not exceed: $50 for a single-family dwelling or a single dwelling unit; $100 for a 2-family dwelling; $150 for any building or structure with 6 or fewer residential units; and $500 for any building or structure with more than 6 units.
SECTION 3. Said chapter 148 is hereby further amended by inserting after section 26F the following section:-
Section 26F ½. (a) Every dwelling, building or structure, including those owned or operated by the commonwealth, occupied in whole or in part for residential purposes, that: (1) contains equipment fossil-fuel burning equipment including, but not limited to, a furnace, boiler, water heater, fireplace or any other apparatus, appliance or device; or (2) incorporates enclosed parking within its structure shall be equipped by the owner with working, approved carbon monoxide alarms in conformance with the requirements of the board of fire prevention regulations. Such requirements shall include, but not be limited to, a requirement that a landlord or superintendent shall install such alarms and batteries or electrical wiring as are required to make the alarms operational at the beginning of any rental period by lease or otherwise and shall maintain or, if necessary, replace such alarms annually thereafter to insure their continued operability.
(b) The board of fire prevention regulations shall promulgate such regulations as may be necessary to effectuate this section including, but not limited to, the type, installation, location, maintenance and inspectional requirements of carbon monoxide alarms.
(c) Every dwelling, building or structure, occupied in whole or in part for residential purposes, shall, upon sale or transfer of such dwelling, building or structure, be inspected by the head of the fire department for compliance with the requirements of this section.
(d) The state building code may impose stricter carbon monoxide alarm requirements than those contained in this section.
(e) The head of the fire department shall enforce this section.
(f) The department of public health shall promulgate such rules and regulations as may be necessary to effectuate subsection (a) into the state sanitary code as established under section 127A of chapter 111.
SECTION 4. Section 27A of said chapter 148, as so appearing, is hereby amended by inserting after the word “protection” , in line 4, the following words:- “or carbon monoxide detection and alarm”.
SECTION 5. Section 26E of said chapter 148, as so appearing, is hereby amended by striking out, in line 1, the “In any city or town which accepts this subsection” and inserting in place thereof the following word:- “All”.
SECTION 6. Subsection (a) of section 26 F ½ of chapter 148 of the General Laws shall take effect 180 days after the effective date of this act.
SECTION 7. An appeal for an extension of a maximum of an additional 180 days to conform with section 26F ½ of chapter 148 of the General Laws may be filed with the head of the fire department if: (1) the dwelling, building or structure for which the appeal is filed is to be equipped with carbon monoxide alarms that are hardwired into the structure’s electrical system; or (2) the number of units under single ownership or management exceeds 500 residential units; and (3) such appeal is filed within 180 days of the effective date of this act.
Approved November 4, 2005.
http://www.mass.gov/legis/laws/seslaw05/sl050123.htm(italicized and bold-faced type emphasis, url hyperlinks have been removed by TaleWgnDg; go to mass.gov url for original type emphasis and hyperlinks)
see also:
http://www.mass.gov/dfs/osfm/pubed/firesafetytopics/carbon_monoxide_safety.htm2.) On February 2, 2006, the Massachusetts Board of Fire Prevention Regulations (BFPR) approved amendments to the Code of Massachusetts Regulations (527 CMR 31.00), to implement "Nicole's Law." This new Massachusetts regulation is effective as of March 31, 2006:
The new law is more expansive than what's enumerated in the OP (above).
Massachusetts now requires carbon monoxide detector/alarms for residential dwellings. The measure takes effect on March 31, 2006 and applies to single and multi-family housing units as well as large complexes like hotels, motels and college dorms.
Housing units that have (1) enclosed parking w/i its structure or (2) equipment such as washers/dryers, boilers, furnaces, hot water heaters, woodstoves, fireplace or any other apparatus, appliance or device, powered by or burning gas, coal, oil, or wood will be required to have working CO detector/alarm in place. In most instances compliance with the law will simply require installation of a battery powered or plug in detector. However, hard-wired detectors will be required for large buildings with multiple units and other special cases. These properties will have until Jan 1, 2007 to comply. Enforcement will be carried out by local fire departments during home inspections
prior to the sale or transfer of property.
Landlords must install CO detector/alarms in each dwelling unit. The law requires the landlord to install and maintain carbon monoxide detector/alarms at the commencement of any rental period after the effective date. Thus, for a tenant on a lease, the law appears to allow the landlord to delay until the expiration of the lease term. For tenants at will, the law appears to require installation on the effective date of the law (i.e. March 31, 2006). Landlords also must inspect, test, and maintain the CO detector/alarms at least once a year or at the beginning of any rental period (such as lease renewal).
Most residences are required to install CO alarms by March 31, 2006. After that date anyone who sells their property will be required to have an inspection by the fire department prior to the sale or transfer of their property.
http://www.mass.gov/dfs/osfm/pubed/firesafetytopics/carbon_monoxide_safety.htmNone of the above is legal advice, intended to be legal advice, nor should be construed as legal advice, since the only purpose and intent is reference information..
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