New Pa. law will be hard to enforce
A new state law that requires landlords to install carbon monoxide detectors in existing buildings with three or more units is valuable, but will be hard to enforce.
That’s the reaction from many county building code officials to Act 121, the Carbon Monoxide Alarm Standards Act, which became law in December.
The law requires the installation of carbon monoxide detectors in existing multifamily dwellings with three or more units that contain any heating unit or appliance that uses fossil fuels.
Existing state law already requires the installation of the detectors in new construction, but the new law mandates existing multifamily dwellings have detectors.
The law states the detectors can be hard-wired, battery-powered or plugged into an electrical outlet, and they must be placed near bedrooms and any fossil-fuel heating units.
A fine of $50 for noncompliance is the only stipulation listed under the “enforcement” section of the Act. And there rests the problem for code enforcement officials.
Jesse Hines, Butler Township’s zoning officer, said the act contains no policing responsibilities or power to municipal officials to enforce the law or issue the noncompliance fine.
He said highly transient municipalities, like college towns, often have property maintenance codes that include regular rental inspections. But he knows of no municipalities in Butler County that have property maintenance codes.
“If you had that code, you could enforce it,” Hines said.
He added a property maintenance code would likely require the hiring of a certified inspector, which would increase costs for municipalities.
Regarding the law itself, Hines said placing a relatively inexpensive, easy-to-install alarm could legitimately improve safety across the state.
“I don’t see what the negative would be,” Hines said. “It’s not a cost prohibitive thing like a sprinkler system.”
Landlord Jeff Weber of Penn Township owns 31 buildings containing 56 units in Butler. He agrees the law will increase safety, but he is unclear on a few of the provisions.
Weber, who read the act, understands an alarm must be placed by all heating units and near bedrooms, but is unsure whether alarms are required near appliances powered by fossil fuels.
“That would tend to start making it more expensive, with four alarms in each apartment,” said Weber, who has five buildings with three or more apartments.
Weber also predicted the new law may cause more unnecessary calls to area fire departments when defective carbon monoxide detectors go off, which has happened in his rentals in the past. He said he tells his tenants that unless they feel they are in imminent danger, to call him instead of 911 if a detector goes off.
While Weber agrees with the old axiom, “You can’t put a price on safety,” he has noticed in recent years that legislation continues to take responsibility off tenants and places it on landlords.
Weber said no matter where his family lived, he would ensure all safety measures were in place instead of relying on someone else to do it.
“But I understand that this is a way to make sure there’s a standard set so all units are covered,” Weber said.
Jeff Musher, Cranberry Township’s code enforcement official, appreciates the law because of the potentially deadly nature of carbon monoxide poisoning.
“It’s colorless and odorless, and causes a headache and dizziness,” Musher said, “so you go lay down, which is the worst thing to do under those circumstances.”
He is also unsure of how the law will be enforced, much like the state law passed a few years ago that requires contractors who perform more than $5,000 in construction per year to register with the state attorney general.
“That is not enforced locally,” Musher said.
He said township officials will do everything they can to publicize the new law and encourage landlords to install the alarms.
“Personally, I think it’s as valuable as a smoke alarm, because (carbon monoxide poisoning) can sneak up on you,” Musher said. “Even those not required to have it, we would certainly recommend and suggest that everyone put a carbon monoxide detector in.”
Chris Savage, chief assessor for Butler County, agreed the law may be impossible to enforce, but sees its merit as well.
“Anything that will save people’s lives is a good thing,” he said.
The law can be found online by typing “Pa. Act 121 of 2013” into a search engine.
