Carbon Monoxide Exposure
Carbon monoxide (CO) is a toxic gas produced by incomplete combustion of fossil fuels, such as natural gas, wood, oil, propane, charcoal, gasoline, kerosene, or coal. When fossil fuels are burned, carbon monoxide gas is released into the air which, if not dissipated, leads to air quality problems and serious health issues.
Because carbon monoxide is a colorless, odorless, and tasteless gas, residents can be unaware of dangerous levels of CO in their homes. Exposure to carbon monoxide inhibits the blood’s ability to carry oxygen to body tissues and vital organs. Symptoms of carbon monoxide exposure can include headache, nausea, weakness/fatigue, rapid breathing, dizziness, confusion, and fast heart rate. Extreme exposure can include convulsions, unconsciousness, brain damage, and heart and lung failure followed by death.
The winter season can be especially dangerous for accidental carbon monoxide poisoning. Insulating homes and apartments for more energy efficiency in the winter can make the unit/ home more air tight, but this in itself could contribute to indoor air quality problems. Carbon monoxide levels in tightly sealed apartments and homes could rise to dangerous levels if a fossil fuel source malfunctioned or was not properly vented.
Carbon monoxide comes from sources such as:
- Any fuel-burning device that is malfunctioning or improperly installed.
- Furnaces, gas range/stove, refrigerator, gas clothes dryer, water heater, portable fuel-burning space heaters, fireplaces, and wood burning stoves.
- Vehicles running in an attached garage.
- Combustion engines used in enclosed spaces.
- Blocked chimney or flue.
- Cracked or loose furnace exchanger.
Only incomplete burning of fossil fuels can produce carbon monoxide gas. Appliances or heating systems that use electricity do not produce carbon monoxide.
Carbon monoxide exposure poses a risk in all types of housing and other type of properties. Most housing has some source of fossil fuel heating system or appliances which requires inspection and regular maintenance to prevent carbon monoxide exposure. Even when there is no carbon monoxide source within the home or rental unit, there can still be risk of CO emissions coming from nearby units or properties. Accordingly it is recommended that a carbon monoxide alarm be installed in all housing intended for human occupancy.
Landlords should be proactive in taking appropriate measures to protect the health and safety of tenants. A landlord may have the legal obligation to install and maintain carbon monoxide alarms in rental properties. Landlords should determine compliance requirements for their properties by state statute, local ordinances, and building/safety/health codes in their area. Specific requirements and responsibilities concerning carbon monoxide detectors can vary among states. In some states landlords are prohibited from renting properties with a carbon monoxide source unless an approved carbon monoxide detector has been properly installed. In other states landlords are required to install CO alarms/detectors in every unit even if there are no fuel sources or attached garages that could create a risk of carbon-monoxide poisoning.
Per most state and local requirements, at least one approved carbon monoxide alarm must be installed in each dwelling unit. Wherever there is a carbon monoxide source (appliance or system) there should be a CO alarm. This may include placing an alarm in the furnace room, laundry room, and garage. Installation and placement of CO alarms should be done according to the manufacturer’s instructions. As a general rule, carbon monoxide alarms must be located outside of each separate sleeping area, in the immediate vicinity of the bedroom and on each level of the residence.
Fire and safety recommendations include testing CO detectors on a monthly basis according to the manufacturer’s instructions, replacing batteries as specified by the manufacturer, and as applicable, regularly cleaning the alarm to remove dust.
Carbon monoxide alarms properly installed and maintained can detect high concentrations of carbon monoxide gas and alert residents to take appropriate actions for safety.
There are measures that can be taken to reduce exposure to carbon monoxide and prevent carbon monoxide poisoning. In general:
- Have the heating system, vents, chimney and flue inspected annually by a qualified technician.
- Every home with at least one fuel-burning appliance/heater, attached garage or fireplace should have a carbon monoxide alarm.
- Properly install carbon monoxide alarms in the home on every level and in sleeping areas.
- If the home has only one carbon monoxide alarm, it should be installed in the main bedroom or in the hallway outside of the sleeping area.
- Place the alarm at least 15 feet away from fuel-burning appliances.
- Make sure nothing is covering or obstructing the unit.
- Do not place the unit in dead air spaces, next to a window or door, near heating/cooling vents, ceiling fans, or areas with turbulent airflow or heavy ventilation.
- Do not install a unit in direct sunlight or outdoors.
- Avoid installing the unit in locations with high humidity such as bathrooms.
- Test the carbon monoxide alarm regularly using the test/reset button.
- As applicable to the manufacturer’s care instructions, clean the unit to remove accumulated dust.
- Install and operate appliances according to the manufacturer’s instructions.
- Purchase appliances that have been approved by a nationally recognized testing laboratory.
- Never use a gas range/stove/oven to heat the home.
- Never leave a car idling in a closed garage or use fuel-powered appliances or tools in enclosed, attached areas such as garages or porches. Carbon monoxide can seep into the home through vents and doors.
- Install and use an exhaust fan vented to the outside over a gas stove.
- Open the fireplace flue when using a fireplace.
- Use a wood stove that has been certified to meet EPA emission standards.
- Prohibit indoor use of portable gas grills or charcoal grills.
- Prohibit the use of nonelectric space heaters in the home/rental unit.
Tenants should be instructed on the proper use of appliances, heating systems, fireplaces and wood stoves; how to inspect appliances and heating sources for proper working order; make sure ventilation ducts for any appliances and systems are kept clean and unobstructed; and to promptly report any problems to the landlord. The lease agreement should be clear and detailed regarding tenant responsibilities to properly use appliances, fixtures, and systems provided in the rental unit.
It is important the tenant know where the carbon monoxide alarms are located in the rental unit, know how to test the alarms, and know how to replace batteries in the alarms as per manufacturer instructions. A tenant should be held responsible to keep alarms in good working order and cautioned against disabling the alarms. Should the tenant fail to comply with lease terms and conditions regarding safety measures for the prevention of carbon monoxide poisoning, the tenant’s default may be considered a material lease default and a cause for the landlord to seek legal remedy.
The move-in checklist should clearly note that landlord and tenant tested approved carbon monoxide alarms during the move-in walk-through and found alarms in good working order. The landlord should note that the tenant was given information regarding the dangers of carbon monoxide exposure, device testing, and what to do in an emergency situation. As part of the documentation in the tenant’s file, the landlord should keep a record of the alarm installation and maintenance inspections.
A best practice to ensure tenant understanding and compliance of carbon monoxide responsibilities is the use of a carbon monoxide lease addendum signed by the tenant at move-in and reviewed at lease renewal.
In many states a landlord’s duty of care to take adequate measures to provide for the safety of a tenant will include the landlord’s responsibility to install, inspect, and maintain carbon monoxide alarms. If a landlord breaches his duty of care by failing to take appropriate steps to protect the tenant from CO exposure and the tenant suffers carbon monoxide poisoning as a result, the landlord as a result of his negligence would likely be held liable in a tenant’s personal injury lawsuit.
A landlord could be held liable for a tenant’s claim of injury due to exposure of carbon monoxide if the landlord (1) violated state statutes requiring carbon monoxide detectors to be installed in rentals; (2) failed to maintain required carbon monoxide detectors; (3) violated health and safety codes for carbon monoxide detector requirements; or (4) breached a landlord duty of care regarding carbon monoxide alarms as per lease agreement or oral promise. The determining factor in establishing landlord liability will be the facts as evidenced by an investigation of the circumstances. It is unlikely that a landlord could be held liable for tenant’s injuries from CO exposure that were a result of a matter completely out of the landlord’s control, such as a product recall for a design flaw or manufacturing error that makes the unit unsafe to use. If the facts show that tenant injuries were due to the tenant’s negligence, the landlord would not likely be held liable.