Ottawa Citizen

Rules and regulation­s regarding carbon monoxide detectors

- BY DICKIE & LYMAN LLP WHO PRACTICE LANDLORD/TENANT LAW AND OTHER AREAS OF LAW

Q: I read in this column last week that landlords have to install smoke detectors in rental units. My apartment’s smoke detector is fine. In fact, the landlord just replaced it a few months ago. But there is no carbon monoxide detector in the apartment. Doesn’t the landlord have to install a carbon monoxide alarm too? A: Some new fire safety devices operate as both smoke detectors and CO detectors. You could check the status in the operating instructio­ns or ask your landlord.

As well, a carbon monoxide detector (“CO detector”) is not required in every rental unit or home. Under the Ontario Fire Code, all dwelling units with any kind of fuel burning appliance must have one or more CSA-approved CO detectors. A detector is also required if the building contains a fireplace, or an attached garage intended for the parking or storage of motor vehicles.

In addition, if a fuel burning appliance is located in a building service room, a detector must be installed in the service room, and adjacent to each sleeping area in all apartments that have a common wall or floor/ceiling assembly with the service room.

If there is a garage in the building, a detector must be installed adjacent to each sleeping area in all apartments that have a common wall or floor/ceiling assembly with the garage.

The rules also require more than one CO detector in a dwelling unit if there are two or three sleeping areas and no place to put a detector adjacent to all of those sleeping areas. That could be the case if there are bedrooms on a second floor and also in the basement.

According to the regulation­s, the CO detector is to be “mechanical­ly fixed, attached, plugged in or placed at the manufactur­er’s recommende­d height or, if the manufactur­er has not recommende­d a height, on or near the ceiling.” Different heights will work because carbon monoxide is very close in weight to ordinary air. Carbon dioxide (CO2) is much heavier than air, but not carbon monoxide. Owners should avoid placing the CO detector in a corner, hidden behind furniture or drapes, or near kitchens or bathrooms. There should be a light circulatio­n of the in-unit air past the alarm, but not gusts of steamy air.

For rental units, the landlord must test CO detectors by activating the alarm testing feature: annually when battery is replaced (if the unit has a battery)

when changes are made to the electric circuit (if the unit is plugged in) and

when a new tenant moves in.

When landlords test an alarm, replace batteries or replace the alarm, they are best to have the tenant sign a form acknowledg­ing the action taken. At the least, the landlord should keep records of the dates of alarm testing, inserting new batteries or replacemen­t.

If a CO detector is required, then tenants need to avoid disabling the detector. If the tenant damages a detector, the tenant would be obliged to replace it. A tenant who deliberate­ly damages the detector or fails to report a problem with the detector could be fined by the Ottawa Fire Service, or could even be evicted for seriously interferin­g with the landlord’s rights or for seriously impairing the safety of other tenants in the building.

If a detector ceases to function because it wears out or is defective, then the tenant needs to report that to the landlord, who is responsibl­e for replacing it.

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