Section 321.097. Carbon monoxide alarms.

 

(1)   Definitions. In this section:

(a) "Fuel-burning appliance" has the meaning given in s. 101.647 (1) (b) , Stats. Fuel-burning appliances include stoves, ovens, grills, clothes dryers, furnaces, boilers, water heaters, fireplaces and heaters.

(b) "Tourist rooming house" has the meaning given in s. DHS 195.03 (20) .

(2)   New construction.

(a) General. Except as provided in sub. (4) , listed and labeled carbon monoxide alarms shall be installed and maintained in accordance with s. 101.647 (2) to (6) , Stats., in one and 2-family dwellings, for which building permit applications were made or construction commenced on or after February 1, 2011.

(b) Location.

1. On floor levels that contain one or more sleeping areas, a carbon monoxide alarm shall be installed outside of the sleeping area, within 21 feet of the centerline of the door opening to any sleeping area and in an exit path from any sleeping area.

2. On floor levels that do not contain a sleeping area, a carbon monoxide alarm shall be installed in a common area on each floor level.

(c) Electrical service and interconnection.

1. Except as provided in subd. 2. , carbon monoxide alarms shall be continuously powered by the house electrical service, shall have a backup power supply and shall be interconnected so that activation of one alarm will cause activation of all alarms.

2. Dwellings with no electrical service shall be provided with battery-powered carbon monoxide alarms in the locations under par. (b) . Interconnection is not required in these dwellings.

(d) Standards. The devices shall conform with one of the following standards:

1. Carbon monoxide alarms shall be listed and labeled identifying conformance with UL 2034.

2. Carbon monoxide detectors and sensors as part of a gas detection or emergency signaling system shall be listed and labeled identifying conformance with UL 2075.

(3)   Existing dwellings. Except as provided in sub. (4) , listed and labeled carbon monoxide alarms shall be installed and maintained in accordance with s. 101.647 (2) to (6) , Stats., in one and 2-family dwellings, for which building permit applications were made or initial construction commenced on or after June 1, 1980, and before February 1, 2011.

(4)   Tourist rooming houses.

(a) Listed and labeled carbon monoxide alarms with battery secondary power supplies shall be installed and maintained in dwellings to be utilized as licensed tourist rooming houses and that contain fuel-burning appliances in accordance with s. 101.149 (2) and (3) , Stats.

(b) Carbon monoxide alarms shall be wired to the dwelling's electrical service.

(c) Carbon monoxide alarms within a dwelling unit shall be interconnected so that activation of one alarm will cause activation of all alarms within the dwelling unit.

(d) The devices shall conform with one of the following standards:

1. Carbon monoxide alarms shall be listed and labeled identifying conformance with UL 2034.

2. Carbon monoxide detectors and sensors as part of a gas detection or emergency signaling system shall be listed and labeled identifying conformance with UL 2075.

(e) The installation of carbon monoxide alarms or detectors in adjacent units required under s. 101.149 (2) (a) 3. , Stats., shall apply to those units located on the same floor level.

(f)

1. For the purposes of s. 101.149 (2) (a) 4. , Stats., "room" means an enclosed area affording space for any other human activity besides just servicing mechanical equipment, including fuel-burning appliances.

2. For the purposes of s. 101.149 (2) (a) 4. , Stats., where a fuel-burning appliance is located within a closet or enclosed space not affording space for any other human activity within a dwelling unit or sleeping unit, a carbon monoxide alarm or detector shall be located within 75 feet of that closet or space.

(g) Pursuant to s. 101.149 (6) (b) , Stats., the department may issue orders for a violation of the provisions of this subsection.

(h) Violation of the provisions of this subsection shall be subject to the penalties provided under s. 101.149 (8) , Stats.

EmR0826 : emerg. cr. eff. 10-1-08; CR 08-085 : cr. Register May 2009 No. 641 , eff. 6-1-09; renumbered under s. 13.92 (4) (b) 1. and corrections in (1) (b) 2. and (6) made under s. 13.92 (4) (b) 7., Stats., Register May 2009 No. 641 ; CR 10-089 : renum. (1) (a), (2), (3), (5), (6), (7) to be (4) (a), (b), (c), (e), (g), (h) and am. (4) (g) and (h), r. (1) (b), (4), cr. (1), (2), (3), (4) (title), (d), (f) Register January 2011 No. 661 , eff. 2-1-11.

Note

Section 101.647 (1) (b) , Stats., reads: "Fuel-burning appliance" means a device that is installed in a dwelling, that burns fossil fuel or carbon-based fuel, and that produces carbon monoxide as a combustion by-product. Microsoft Windows NT 6.1.7601 Service Pack 1 Section DHS 195.03 (20) reads: "Tourist rooming house" means all lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients. It does not include private boarding or rooming houses not accommodating tourists or transients, or bed and breakfast establishments regulated under ch. DHS 197 . Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.647 (2) to (6) , Stats., reads: Microsoft Windows NT 6.1.7601 Service Pack 1 ( 2) Installation and safety certification. The owner of a dwelling shall install any carbon monoxide detector required under this section according to the directions and specifications of the manufacturer of the carbon monoxide detector. A carbon monoxide detector required under this section shall bear an Underwriters Laboratories, Inc., listing mark and may be a device that is combined with a smoke detector. Microsoft Windows NT 6.1.7601 Service Pack 1 (3) Requirements. (a) The owner of a dwelling shall install a functional carbon monoxide detector in the basement of the dwelling and on each floor level except the attic, garage, or storage area of each dwelling unit. A carbon monoxide detector wired to the dwelling's electrical wiring system shall have a backup battery power supply. Except as provided under par. (b), the occupant of the dwelling unit shall maintain any carbon monoxide detector in that unit. This paragraph does not apply to the owner of a dwelling that has no attached garage, no fireplace, and no fuel-burning appliance. Microsoft Windows NT 6.1.7601 Service Pack 1 (am) 1. If the building permit for the initial construction of a dwelling was issued on or after February 1, 2011, and the electrical service for the dwelling is provided by a public utility, as defined in s. 196.01 (5) , the owner of the dwelling shall install each carbon monoxide detector required under par. (a) so that it is powered by the dwelling's electrical wiring system, except as provided under subd. 2. Microsoft Windows NT 6.1.7601 Service Pack 1 2. The requirement that each carbon monoxide detector be installed in the manner provided under subd. 1. does not apply to a dwelling if the dwelling, when initially constructed, had no attached garage, no fireplace, and no fuel-burning appliance. Microsoft Windows NT 6.1.7601 Service Pack 1 (b) If any occupant who is not the owner of a dwelling, or any person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property, gives written notice to the owner that the carbon monoxide detector is not functional, the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that carbon monoxide detector functional. Microsoft Windows NT 6.1.7601 Service Pack 1 (4) Inspection. The department or person authorized by state law or by city, village, town, or county ordinance or resolution to exercise powers or duties involving inspection of real or personal property may inspect new dwellings and, at the request of the owner or renter, may inspect the interior of a dwelling unit in a dwelling to ensure compliance with this section. Microsoft Windows NT 6.1.7601 Service Pack 1 (5) Liability exemption. The owner of a dwelling is not liable for damages resulting from any of the following: Microsoft Windows NT 6.1.7601 Service Pack 1 (a) A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the dwelling. Microsoft Windows NT 6.1.7601 Service Pack 1 (b) The failure of a carbon monoxide detector to operate properly if that failure was the result of tampering with, or removal or destruction of, the carbon monoxide detector by a person other than the owner of the dwelling or the result of a faulty detector that was reasonably maintained by the owner of the dwelling. Microsoft Windows NT 6.1.7601 Service Pack 1 (6) Tampering prohibited. No person may tamper with, remove, destroy, disconnect, or remove batteries from an installed carbon monoxide detector, except in the course of inspection, maintenance, or replacement of the detector. Microsoft Windows NT 6.1.7601 Service Pack 1 Pursuant to this subdivision, carbon monoxide alarms need to be acceptable under the 2005 edition of the UL 2034 standard, Single and Multiple State Carbon Monoxide Alarms . Microsoft Windows NT 6.1.7601 Service Pack 1 Note: Pursuant to this subdivision, carbon monoxide detectors and sensors need to be acceptable under the 2007 edition of the UL 2075 standard, Gas and Vapor Protectors and Sensors . Microsoft Windows NT 6.1.7601 Service Pack 1 See statutory reprint under s. SPS 321.097 (2) (a) . Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.149 (2) and (3) , Stats., reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (2) Installation requirements. (a) Except as provided in par. (b), the owner of a residential building shall install a carbon monoxide detector in all of the following places not later than the date specified under par. (c): Microsoft Windows NT 6.1.7601 Service Pack 1 1. In the basement of the building if the basement has a fuel-burning appliance. Microsoft Windows NT 6.1.7601 Service Pack 1 2. Within 15 feet of each sleeping area of a unit that has a fuel-burning appliance. Microsoft Windows NT 6.1.7601 Service Pack 1 3. Within 15 feet of each sleeping area of a unit that is immediately adjacent to a unit that has a fuel-burning appliance. Microsoft Windows NT 6.1.7601 Service Pack 1 4. In each room that has a fuel-burning appliance and that is not used as a sleeping area. A carbon monoxide detector shall be installed under this subdivision not more than 75 feet from the fuel-burning appliance. Microsoft Windows NT 6.1.7601 Service Pack 1 5. In each hallway leading from a unit that has a fuel-burning appliance, in a location that is within 75 feet from the unit, except that, if there is no electrical outlet within this distance, the owner shall place the carbon monoxide detector at the closest available electrical outlet in the hallway. Microsoft Windows NT 6.1.7601 Service Pack 1 (b) If a unit is not part of a multiunit building, the owner of the residential building need not install more than one carbon monoxide detector in the unit. Microsoft Windows NT 6.1.7601 Service Pack 1 (c) 1. Except as provided under subd. 2., the owner of a residential building shall comply with the requirements of this subsection before the building is occupied. Microsoft Windows NT 6.1.7601 Service Pack 1 2. The owner of a residential building shall comply with the requirements of this subsection not later than April 1, 2010, if construction of the building was initiated before October 1, 2008, or if the department approved the plans for the construction of the building under s. 101.12 , Stats., before October 1, 2008. Microsoft Windows NT 6.1.7601 Service Pack 1 (d) Any carbon monoxide detector that bears an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization satisfies the requirements of this subsection. Microsoft Windows NT 6.1.7601 Service Pack 1 (e) The owner shall install every carbon monoxide detector required by this subsection according to the directions and specifications of the manufacturer of the carbon monoxide detector. Microsoft Windows NT 6.1.7601 Service Pack 1 (3) Maintenance requirements. (a) The owner of a residential building shall reasonably maintain every carbon monoxide detector in the residential building in the manner specified in the instructions for the carbon monoxide detector. Microsoft Windows NT 6.1.7601 Service Pack 1 (b) An occupant of a unit in a residential building may give the owner of the residential building written notice that a carbon monoxide detector in the residential building is not functional or has been removed by a person other than the occupant. The owner of the residential building shall repair or replace the nonfunctional or missing carbon monoxide detector within 5 days after receipt of the notice. Microsoft Windows NT 6.1.7601 Service Pack 1 (c) The owner of a residential building is not liable for damages resulting from any of the following: Microsoft Windows NT 6.1.7601 Service Pack 1 1. A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the residential building. Microsoft Windows NT 6.1.7601 Service Pack 1 2. The failure of a carbon monoxide detector to operate properly if that failure was the result of tampering with, or removal or destruction of, the carbon monoxide detector by a person other than the owner or the result of a faulty alarm that was reasonably maintained by the owner as required under par. (a). Microsoft Windows NT 6.1.7601 Service Pack 1 Pursuant to this subdivision, carbon monoxide alarms need to be acceptable under the 2005 edition of the UL 2034 standard, Single and Multiple State Carbon Monoxide Alarms . Microsoft Windows NT 6.1.7601 Service Pack 1 Pursuant to this subdivision, carbon monoxide detectors and sensors need to be acceptable under the 2007 edition of the UL 2075 standard, Gas and Vapor Protectors and Sensors . Microsoft Windows NT 6.1.7601 Service Pack 1 Section 101.149 (8) , Stats., reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (8) Penalties. (a) If the department of safety and professional services or the department of health and family services determines after an inspection of a building under this section or s. 254.74 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected. Microsoft Windows NT 6.1.7601 Service Pack 1 (b) If a person is charged with more than one violation of sub. (2) or (3) arising out of an inspection of a building owned by that person, those violations shall be counted as a single violation for the purpose of determining the amount of a forfeiture under par. (a). Microsoft Windows NT 6.1.7601 Service Pack 1 (c) Whoever violates sub. (4) is subject to the following penalties: Microsoft Windows NT 6.1.7601 Service Pack 1 1. For a first offense, the person may be fined not more than $10,000 or imprisoned for not more than 9 months, or both. Microsoft Windows NT 6.1.7601 Service Pack 1 2. For a 2nd or subsequent offense, the person is guilty of a Class I felony. Microsoft Windows NT 6.1.7601 Service Pack 1