IS YOUR BUILDING IN COMPLIANCE WITH THE NEW CARBON MONOXIDE DETECTION RULES?

As of June 27, 2016, commercial property owners, landlords and tenants are required to comply with legislation regarding carbon monoxide detectors. For those who don’t have the mandated detection equipment, it’s time to look at your lease agreement to determine who is responsible for compliance with the law. Non-compliance can result in civil, criminal or administrative penalties.

Under the legislation, every restaurant and commercial building with a carbon monoxide source must install carbon monoxide detection equipment. The law is retroactive and covers existing facilities as well as new construction. Some examples of common carbon monoxide sources are hot water tanks, furnaces, boilers, heaters, stoves and fireplaces.

The key provisions in the law include the following:

• Carbon monoxide detection must be installed in every 10,000 square feet of space.
• Alarm signals need to be distinct from other signals.
• The detection systems need to have backup power sufficient to operate for an extended period of time.
• The detectors should be hard wired with a battery back-up.
• The requirement of the location of the detector depends on the carbon monoxide source.

Commercial tenants, as well as commercial landlords, are encouraged to review their lease agreements to determine whose responsibility it is for compliance with this law. For example, the cost of installation of the equipment may be considered to be an “operating cost” under the lease, which can be passed on to the tenant.

If you have any questions regarding this new legislation, or need help determining who is responsible for compliance under a lease agreement, please contact us for a consultation.