D.C. Mun. Regs. tit. 12, r. 12-G310

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 12-G310 - CARBON MONOXIDE ALARMS

Insert a new Section 310 into the Property Maintenance Code to read as follows:

310.1

Carbon monoxide detection. Carbon monoxide detection shall be provided in Group I-1, I-2, I- 4 and R occupancies, in buildings regulated by the Residential Code, and in classrooms in Group E occupancies, where required by and in accordance with Sections 310.1 through 310.7

Exception: Group I-1, I-2, I-4 and R occupancies, buildings regulated by the Residential Code, and classrooms in Group E occupancies, that are lawfully occupied on the date of adoption of the Construction Codes, shall be equipped with carbon monoxide detection in accordance with Sections 310.1 through 310.7, except that carbon monoxide alarms shall be allowed to be solely battery operated.

310.1.1

Building conditions where carbon monoxide detection is required. Carbon monoxide detection is required in buildings where any of the following conditions exist:

1.Fuel-burning appliances and fuel-burning fireplaces. Carbon monoxide detection shall be provided in dwelling units, sleeping units, and classrooms that contain a fuel-burning appliance or a fuel-burning fireplace.

2.Forced-air furnaces. Carbon monoxide detection shall be provided in dwelling units, sleeping units, and classrooms served by a fuel-burning, forced-air furnace.

Exception: Carbon monoxide detection shall not be required in dwelling units, sleeping units and classrooms if carbon monoxide detection is provided in the first room or area served by each main duct leaving the furnace, and the carbon monoxide alarm signals are automatically transmitted to an approved location.

3.Fuel-burning appliances outside dwelling units, sleeping units and classrooms. Carbon monoxide detection shall be provided in dwelling units, sleeping units and classrooms located in buildings that contain fuel-burning appliances or fuel-burning fireplaces.

Exceptions:

1. Carbon monoxide detection shall not be required in dwelling units, sleeping units, and classrooms where there are no communicating openings between the fuel-burning appliance or fuel-burning fireplace and the dwelling unit, sleeping unit, or classroom.

2. Carbon monoxide detection shall not be required in dwelling units, sleeping units, and classrooms where carbon monoxide detection is provided in one of the following locations:

2.1 In an approved location between the fuel-burning appliance or fuel-burning fireplace and the dwelling unit, sleeping unit, or classroom; or

2.2 On the ceiling of the room containing the fuel burning appliance or fuel-burning fireplace.

4.Private garages. Carbon monoxide detection shall be provided in dwelling units, sleeping units and classrooms in buildings with attached private garages. An open parking garage complying with Section 406.5 of the Building Code, or an enclosed parking garage complying with Section 406.6 of the Building Code, shall not be considered a private garage for purposes of this section.

Exceptions:

1. Carbon monoxide detection shall not be required where there are no communicating openings between the private garage and the dwelling unit, sleeping unit or classroom.

2. Carbon monoxide detection shall not be required in dwelling units, sleeping units and classrooms located more than one story above or below a private garage.

3. Carbon monoxide detection shall not be required where the private garage connects to the building through an open-ended corridor.

4. Where carbon monoxide detection is provided in an approved location between openings to a private garage and dwelling units, sleeping units or classrooms, carbon monoxide detection shall not be required in the dwelling units, sleeping units or classrooms.

310.2

Locations. Where required by Sections 310.1 and 310.1.1, carbon monoxide detection shall be installed in the locations specified in Sections 301.2.1 through 301.2.3.

310.2.1

Dwelling units. Carbon monoxide detection shall be installed in dwelling units outside of each separate sleeping area in the immediate vicinity of the bedrooms. Where a fuel-burning appliance is located within a bedroom or its attached bathroom, carbon monoxide detection shall be installed within the bedroom.

310.2.2

Sleeping units. Carbon monoxide detection shall be installed in sleeping units.

Exception: Carbon monoxide detection shall be allowed to be installed outside of each separate sleeping area in the immediate vicinity of the sleeping unit where the sleeping unit or its attached bathroom does not contain a fuel-burning appliance and is not served by a forced-air furnace.

310.2.3

Group E occupancies. Carbon monoxide detection shall be installed in classrooms in Group E occupancies. Carbon monoxide alarm signals shall be automatically transmitted to an on-site location that is staffed by school personnel.

Exception: Carbon monoxide alarm signals shall not be required to be automatically transmitted to an on-site location that is staffed by school personnel in Group E occupancies with an occupant load of 30 or less.

310.3

Detection equipment. Carbon monoxide detection required by Sections 310.1 through 310.2.3 shall be provided by carbon monoxide alarms complying with Section 310.4 or carbon monoxide detection systems complying with Section 310.5.

310.4

Carbon monoxide alarms. Carbon monoxide alarms shall comply with Sections 310.4.1 through 310.4.3.

310.4.1

Power source. Carbon monoxide alarms shall receive their primary power from the building wiring where such wiring is served from a commercial source, and when primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than that required for overcurrent protection.

Exception: Where installed in buildings without commercial power, battery-powered carbon monoxide alarms shall be an acceptable alternative.

310.4.2

Listings. Carbon monoxide alarms shall be listed in accordance with UL 2034.

310.4.3

Combination alarms. Combination carbon monoxide/smoke alarms shall be an acceptable alternative to carbon monoxide alarms. Combination carbon monoxide/smoke alarms shall be listed in accordance with UL 2034 and UL 217.

310.5

Carbon monoxide detection systems. Carbon monoxide detection systems shall be an acceptable alternative to carbon monoxide alarms and shall comply with Sections 310.5.1 through 310.5.3.

310.5.1

General. Carbon monoxide detection systems shall comply with NFPA 720. Carbon monoxide detectors shall be listed in accordance with UL 2075.

310.5.2

Locations. Carbon monoxide detectors shall be installed in the locations specified in Section 310.2. These locations supersede the locations specified in NFPA 720.

310.5.3

Combination detectors. Combination carbon monoxide/smoke detectors installed in carbon monoxide detection systems shall be an acceptable alternative to carbon monoxide detectors, provided they are listed in accordance with UL 2075 and UL 268.

310.6

Maintenance. Carbon monoxide alarms and carbon monoxide detection systems shall be maintained in accordance with NFPA 720. Carbon monoxide alarms and carbon monoxide detectors that become inoperable or begin producing end-of-life signals shall be replaced.

310.7

Additional Provisions Applicable to Owners of Rental Units. The following additional provisions apply to owners of rental units .

1. The owner of a rental unit shall ensure that carbon monoxide detection that complies with the requirements of Section 310 is operable and in good repair at the beginning of each tenancy.

2. The owner of a rental unit shall replace or repair any carbon monoxide detection alarms or systems located within the rental unit within 15 days of receipt of written notification by an occupant or tenant of such unit that replacement or repairs are needed.

3. The owner of a rental unit shall conduct annual inspections of carbon monoxide alarms or detection systems, and shall provide reasonable notice of such inspection to tenant(s) where the carbon monoxide alarm or detection system is located, in whole or in part, in the tenant's rental unit .

310.7.1

Emergency measures. The failure of an owner of a rental unit to comply with Section 310 shall be deemed an imminent danger pursuant to Section 109 of the Property Maintenance Code and Section 111.2 of the Fire Code.

310.7.2

Owner responsibility. Except as provided in Section 310.9, no act or omission by a tenant under Section 310 shall relieve the owner of responsibility to ensure full and continuing compliance with Section 310 or to preclude the code official from pursuing other penalties and remedies under this code where the owner fails to comply with Section 310.

310.8

Additional Provisions Applicable to Tenants of Rental Units. The following additional provisions apply to tenants of rental units .

1. Where the owner of a rental unit has failed to comply with the carbon monoxide detection provisions of Section 310, the tenant is authorized to purchase, install and maintain a carbon monoxide detection alarm as a temporary safeguard at the owner's expense, subject to the following:

(a) the tenant must notify the owner in writing that installation, replacement or repair of a carbon monoxide alarm is required by Section 310 and request that the owner take appropriate action; (b) the owner fails to take the requested action within ten (10) days after such request or such later date as mutually agreed; and (c) the tenant must provide the owner or authorized agent of the owner with access to the dwelling unit to correct any carbon monoxide detection alarm deficiencies which have been reported.

Reasonable costs incurred by the tenant may be deducted from the rent for the rental unit pursuant to procedures governing landlord tenant relationships set forth in Title 14 DCMR. No tenant shall be charged, evicted, or penalized in any fashion for failure to pay the reasonable costs deducted from the rent for the rental unit for purchase, installation or maintenance of carbon monoxide detection alarms under this section.

2. Where a carbon monoxide alarm or detection system is located, in whole or in part, in a tenant's rental unit, the tenant(s) of such rental unit shall promptly report any defects of such devices to the owner or operator.

310.8.1

Tenant responsibility. Except as provided in Section 310.9, nothing in this Section 310.8 shall be construed:

(a) to impose a penalty or other liability on a tenant for failure to install or maintain a carbon monoxide detection alarm or system; or (b) to mean that a tenant who fails to install or maintain a carbon monoxide detection alarm or system is contributorily negligent.

310.9

Disabling of carbon monoxide alarms or detection systems . Tampering with, removing, destroying, disconnecting, or removing the batteries from any installed carbon monoxide alarm or detection system, except in the course of authorized inspection, maintenance or replacement of the alarm or system, is prohibited.

D.C. Mun. Regs. tit. 12, r. 12-G310

Final Rulemaking published at 67 DCR 5679 (5/29/2020); amended by Final Rulemaking published at 68 DCR 007412 (7/30/2021)