1. Department of Fire Services Training Division
Office of the State Fire Marshal
Massachusetts Carbon Monoxide Alarm Requirements

2. Background Why Nicole’s Law Carbon Monoxide Task Force
Chapter 123 of the Acts of 2005
Added M.G.L. c.148, s.26F1/2
Required BFPR to develop regulations, which resulted in 527 CMR 31.00
Sub-committee/task force

3. Legislative Highlights
Carbon Monoxide (CO) alarms shall be equipped in all residential structures that contain:
Fossil Fuel Burning Equipment, or
Have Enclosed Parking
This section mirrors the scope of the law that was passed. The regulation provides requirements for the type, installation, location, maintenance and inspection of carbon monoxide alarms in every dwelling, building or structure (a.k.a structure) occupied in whole or in part for residential purposes. The Board of Fire Prevention Regulations (BFPR) has defined residential purposes within the regulation to identify which structures the regulation will apply, too (Effective ). The carbon monoxide regulation applies to Commonwealth owned buildings and local housing authority buildings (Effective ). The provisions of the law and regulation are to be enforced by the head of the fire department.
In order to determine if your dwelling, building or structure is covered by this regulation and the new law the following questions should be answered.
1.      Is the dwelling, building or structure occupied in whole or in part for residential purposes, as defined by the Board of Fire Prevention Regulations?
If you answered yes then continue to the following questions.
2.      Does the structure contain fossil-fuel burning equipment, as defined by the Board of Fire Prevention Regulations?
3.      Does the structure contain enclosed parking, as defined by the Board of Fire Prevention Regulations?
If you have answered yes to the first question and then yes to either question two or three then your dwelling, building, or structure is to be protected with Carbon Monoxide Alarms in accordance with the new regulation.
If such fossil fuel burning equipment is in an adjacent detached building and provides heat through hot water or steam to the residential structure; it is not regulated under this section. If heat via hot air is moved from other buildings to the residential structure then it may be regulated by this section.

4. Legislative Highlights
Establishes minimum CO protection requirements
Grants regulatory authority to BFPR.
To implement law with necessary technical details
Creates landlord maintenance obligations
Dovetailed with State Sanitary Code Requirements

5. Legislative Highlights
Creates Fire Department Inspection requirements
On sale or transfer
Modifies the existing inspection fee structure for smoke detector and carbon monoxide inspections
Allows BBRS to create stricter standards for new or substantially renovated buildings

6. Legislative Highlights
Amendment to MGL c. 148, 10A
Maximum Fee of up to $50 may be charged for smoke detector or CO alarm inspection – single family residence
If simultaneous inspection no additional fee allowed.
Fee can not exceed:
$50.00: single family
$100.00: 2-family
$150.00: 6 or fewer residential units
$500.00: buildings with more than 6 units

7. Legislative Highlights
Establishes Compliance Deadlines
(non-hard wired -- battery/plug-in)
(hardwire & state owned buildings and local housing authorities

8. 527 CMR 31.00 Regulation organization: 31.01 - Purpose and Scope
Definitions
General Installation Provisions
Specific Installation Requirements
Inspection and Maintenance Requirements
Landlord Duties
Hearing Impaired consideration

9. 31.01: Purpose and Scope Scope Purpose
Minimum requirements for type, installation, location, maintenance and inspectional requirements
Purpose
Apply to every dwelling, building or structure occupied for residential purposes that has fossil fuel or enclosed parking
Including Commonwealth owned buildings

10. 31.02: Definitions
Adjacent Spaces: any area, space, room or dwelling unit located directly next to, below or above any area space, room or dwelling unit that contains fossil fuel burning equipment.

11. 31.02: Definitions Centralized Fossil Fuel Burning Equipment (CFFBE):
Area or room that contains:
Central heating plant, hot water heater, a combustion driven generator or fire pump, central laundry area, roof mounted air handling unit or similar purposes that emits CO as a by product of combustion
Does not allow for air exchange between CFFBE and dwelling units or common areas.

12. 31.02: Definitions Carbon Monoxide Alarm Protection:
Battery powered with battery monitoring – chirp indicator (includes wireless battery)
Plug-in with battery back up – not allowed on a switched circuit
AC (hard wired) w/ battery back up
Low voltage or wireless alarms
Qualified Combination smoke/CO units

13. 31.02: Definition
Combination Appliance – a combination smoke detector and carbon monoxide alarm with battery back up.
Can be battery or ac hardwired depending upon application
Photoelectric or Ionization
Employ both simulated voice and tone alarm
Clearly distinguishes between CO and Smoke
Complies with NFPA 720, 5.3.4
Ionization must maintain 20 ft rule

14. 31.02: Definitions
Enclosed Parking: An area or room enclosed within the overall building or structure that is designed or used for the parking of vehicles.

15. 31.02: Definitions
Habitable – shall mean that portion of a cellar or basement or attic that is designed, used and furnished for living purposes

16. 31.02: Definitions
Fossil Fuel Burning Equipment: any device, apparatus or appliance which is designed or used to consume fuel of any kind which emits carbon monoxide as a by-product of combustion
Examples: oil, gas, wood, coal, LPG, pellet, corn-husks

17. 31.02: Definitions
Residential Structures: shall include any dwelling, building or structure classified as use group R-2 through R-5, as defined by the State Building Code and those unclassified occupancies that have similar characteristics.
Examples: single/multiple dwellings, apartment buildings, Condos, Licensed Group Homes.

18. 31.02: Definitions
NFPA 720: Standard for the Installation of Carbon (CO) warning equipment in Dwelling Units, 2005 edition.
(access to view specific sections of NFPA 720 standard on line at no charge).

19. 31.03: General Installation Provisions
Any ac installed device shall be installed and maintained in accordance with the MA Electrical Code, MGL 143 s. 3L and MGL 141, s. 1A (licensed electrician/permit if applicable)
Commonwealth owned or operated and local housing authority’s have until 1/1/2007
Enforcement is by the head of the fire department at state owned buildings, by statue
This section provides general information regarding the installation of carbon monoxide alarms.
The first section refers to the laws governing the electrical code and installation of electrical equipment and appliances. This is brought to your attention because depending upon the type of installation it may or may not require a licensed professional. In owner occupied homes, the owner can do electrical work, but must obtain a permit. In other than owner occupied homes a professional licensed electrician must be retained to perform the work and obtain a permit for the work completed.
For battery operated and plug-in with battery back up type carbon monoxide alarms a permit and a licensed professional are not necessary. The homeowner can follow the manufacturers instructions on where to place/locate carbon monoxide alarms when not specifically covered by the regulation.
When the law was passed it provided extra time for Commonwealth owned buildings and local housing authority’s to comply with the new regulations. This is due to the state and local budget process and bidding laws. The law specifically gives until January 1, 2007 for compliance in these buildings.
A notice is provided in this section to alert the regulated community to the State Building Code for new or substantially renovated/modified structures. The current regulation is a retrofit law and gives authority to the Board of Fire Prevention Regulations to develop the requirements. For new construction, it is the hope of the BFPR, that the State Building Code will enact emergency provisions to cover the installation of Carbon Monoxide Alarms prior to the implementation of the retrofit law. In the event the State Building Code takes no action – all homes that are built and sold or transferred after March 31, 2006 are subject to this regulation.

20. 31.03: General Installation Provisions
Building Code can create more stringent requirements for new/substantial renovations.
The fire department will inspect to more stringent requirement.
The CO alarm required for unvented appliances or gas appliances (527 CMR or 248 CMR) is considered acceptable to meet the regulations as long as the CO detector is located in accordance with this regulation.

21. 31.04: Specific Installation Requirements
Residential Structures:
Effective March 31, 2006 every residential structure that presently or in the future contains Fossil Fuel Burning Equipment or has enclosed parking shall be equipped by the owner, landlord or superintendent, with working and listed Carbon Monoxide Alarm Protection.

22. 31.04: Specific Installation Requirements
A Single Station Carbon Monoxide Alarm shall be located in each level of each Dwelling Unit including Habitable portions of basements, cellars and attics, but not including crawl spaces. The method of installation of the unit shall be in accordance with the manufacturer’s instructions.
When mounting a carbon monoxide alarm on a level of a Dwelling Unit with a sleeping area, the alarm shall be installed in the immediate vicinity of the sleeping area, not to exceed 10 ft. as measured in any direction from any bedroom door.
The current regulation applies to buildings classified by the State Building Code as R-2 thru R-5 or similar buildings. This means that apartment buildings, townhouses, condominiums, multi-family and single family homes are affected.
·        R-2: includes multiple dwelling units having more than two dwelling units, with a common means of egress and includes apartment buildings, boarding houses for non-transient (staying for more than 30 days), dormitories, and multi-family housing.
·        R-3: includes buildings arranged for one or two family dwellings, including multiple single family dwellings where each unit has two independent means of egress not common to any other dwelling unit and separated by two hour fire separation (townhouses, row houses)
·        R-4: includes all detached one or two family dwellings not more than three stories in height
·        R-5: includes all buildings arranged for use as limited group residences that are licensed by the Commonwealth
The regulation requires a minimum of a monitored battery operated Carbon Monoxide Alarm (or other option plug-in with battery back up, hard wired (ac) with battery back up, or low voltage alarm at the discretion of the owner) to be installed as required in the regulation.
This section of the regulation will provide specific information as to location of the installation of carbon monoxide alarms. The regulation is broken down into two sections. The first section, which we believe will apply to the majority of structures in the Commonwealth requires the installation of single station carbon monoxide alarms to be installed in accordance with the manufacturers instructions when not specifically indicated by this regulation (indicates ceiling or wall to ensure proper operation) on each level of the dwelling unit including habitable portions of basements, cellars and attics. The regulation also indicates that when installing a carbon monoxide alarm in areas of bedrooms it must be located within 10 ft of any bedroom door. If bedrooms are separated onto multiple levels of dwelling units or by large distances within the same level it could require more than one carbon monoxide alarm to comply with this portion of the regulation. If you have bedrooms on multiple levels of the dwelling unit the installation of a carbon monoxide alarm outside the bedroom area on each level can satisfy the regulatory requirement for a carbon monoxide alarm on each level of the dwelling unit.
What is meant by habitable level? This is defined to be a portion of a cellar, basement, or attic that is designed, used and furnished for living purposes. Therefore, if you have a playroom or family room that is furnished in the cellar/basement (does not matter if it is finished or unfinished) the intent is to require a carbon monoxide alarm to be installed in that room or area.
Minimum Requirements
·        Single station carbon monoxide alarm on each level of the dwelling unit
·        Maximum of 10 ft. from any bedroom door
·        Needed in room of habitable portion of basement (habitable defined by BFPR)
An example would be a three family home (three decker) that contains fossil fuel burning equipment. Each level or floor would be required to have a minimum of one carbon monoxide alarm installed. However, depending upon the layout of the unit it could require more than one carbon monoxide alarm due to the maximum distance the detector maybe from a bedroom door. It is not the intention to require a carbon monoxide alarm in the basement if it is used typically for storage.
If you choose to install a qualified combination appliance, which is both a carbon monoxide alarm and smoke detector, it should be noted that it has been defined by the Board of Fire Prevention Regulations to mean: a combination photoelectric smoke detector and carbon monoxide alarm which may be battery or ac (alternating current) powered with battery back up. A combination ionization detector and carbon monoxide alarm which may be battery or ac (alternating current) powered, with battery back up, may be utilized if it is installed not less than 20 ft. from any bathroom or kitchen entryway. Such Combination Appliances shall employ both simulated voice and tone alarm features, which clearly distinguishes between carbon monoxide and smoke notification, in accordance with NFPA 720,
·        Can used qualified combination appliances
·        Must have a tone and voice alarm for notification
·        Clearly distinguishes between a carbon monoxide alarm and smoke alarm

26. 31.04: Specific Installation Requirements Alternative Compliance Option
May be a more practical option for larger buildings with limited or no FFBE in each Dwelling Unit
Requires a more sophisticated system
Targets the Sources of CO:
Areas or rooms containing Centralized Fossil Fuel Burning Equipment and all Adjacent Spaces and/or
Adjacent Spaces of Enclosed Parking
Also: any dwelling unit
Alternative Compliance: This section was created to allow for a more effective means of compliance in large residential buildings with a central boiler or enclosed parking that has triggered the need to comply with this regulation.
·        Requires a detector that meets UL 2034 and UL 2075, which is not typically sold at most retail outlets, but rather special stores such as, electrical supply stores.
·        Requires the installation to be completed by a licensed individual and company. They are also responsible for obtaining the required local permits.
·        Requires monitoring of the alarm and communication through the fire alarm panel within the building.
·        The regulation does not limit where this system can be utilized.
Areas or room containing Centralized Fossil Fuel Burning Equipment: If your building contains centralized fossil fuel burning equipment and has no fossil fuel burning equipment in the dwelling
units you may employ this method.
Adjacent Spaces of Enclosed Parking: If you have a parking garage beneath the building and no fossil fuel burning equipment in the dwelling units this method may be employed.
·        Adjacent spaces – defined as, any area, space, room or dwelling unit located directly next to, below or above any space, room or dwelling unit that contains fossil fuel burning equipment or enclosed parking.
If you employ the alternative compliance protection method above and have a limited additional amount of fossil fuel burning equipment scattered throughout the building you will also need to comply with the alternative compliance and the requirement for residential structures.

27. 31.02: Definitions (review)
Adjacent Spaces: any area, space, room or dwelling unit located directly next to, below or above any area space, room or dwelling unit that contains fossil fuel burning equipment.

28. 31.04: Specific Installation Requirements Alternative Compliance Option (CFFBE)
Employ CO protection in all CFFBE rooms and adjacent spaces with single station CO alarms meeting UL 2034 or 2075 using either ac or low voltage systems, in accordance with the mfg’s instructions.
Required to be monitored as a supervisory signal (trouble alarm) “Carbon Monoxide Alarm” signal (as per 720 NFPA 5.3.9)
Supervisory signal is required to be retransmitted to a constantly attended location. Retransmission to the fire department dispatch center is at the discretion of the Head of the Fire Department (as per 720 NFPA (1)

29. 31.04: Specific Installation Requirements Alternative Compliance Option (Enclosed parking)
In all adjacent spaces of Enclosed Parking employ single station CO alarms meeting UL 2034 or 2075 using either ac or low voltage systems, in accordance with the mfg’s instructions.

30. 31.04: Specific Installation Requirements
Required to be monitored as a supervisory signal (trouble alarm) “Carbon Monoxide Alarm” signal (as per 720 NFPA 5.3.9)
Supervisory signal is required to be retransmitted to a constantly attended location. Retransmission to the fire department dispatch center is at the discretion of the Head of the Fire Department (as per 720 NFPA (1)

31. Written Notification of Hard Wire Option:
31.04: Specific Installation Requirements Alternative Compliance Option (Enclosed parking)
CO Alarm Protection shall also be installed in any dwelling unit the contains FFBE in accordance with (1)(a) and (b).
Written Notification of Hard Wire Option:
The owner shall provide written notification to the Head of the Fire Department by May 15, 2006 of the intent to install protection by 1/1/07. This submission shall be deemed consent by the owner to be inspected on or before 1/1/07.

32. 31.05: Inspection and Maintenance Requirements
Head of the Fire Department enforces provisions including inspection upon sale or transfer
Does not limit the fire department from taking action after effective implementation dates
This section indicates that the head of the fire department or designee shall enforce the provisions of the carbon monoxide alarm regulations upon sale or transfer of residential buildings/structures. This does not prohibit the head of the fire department from enforcing this regulation after the effective dates upon receipt of a complaint or other way of discovery.
The requirement for carbon monoxide alarms covered by the unvented propane or natural gas fired space heater regulation (527 CMR 30) does not necessarily achieve compliance with this regulation (527 CMR 31). If you have an unvented heater installed, the owner must comply with both regulations. This can be possible using the same equipment.

33. 31.06: Landlord Duties Owner, landlord, or superintendent
At a Minimum: maintain, test, repair or replace, if necessary every CO alarm upon renewal of any lease term for any dwelling unit or on an annual basis which ever is more frequent
Batteries: replaced annually
Exception – low voltage batteries. Follow NFPA 720
This requires the owner, superintendent or landlord to maintain, test, repair or replace every carbon monoxide alarm upon renewal of any lease term for any dwelling unit or on an annual basis.
·        Ensure a working carbon monoxide alarm is present in all required locations and tests the alarm upon lease term or annually, whichever is more frequent.
·        Replace the battery or batteries in the carbon monoxide alarm annually.

34. 31.07: Hearing Impaired Consideration
Refers to the Architectural Access Board, 521 CMR, for standards.

35. Phase #2: Anticipated CO Regulatory Action
Regulations under consideration
Effective Date:
Anticipates application to R-1, I-1, I-2, and I-3 use groups
Examples: Hotels, hospitals, nursing homes, jails
Anticipate method that targets CO Sources
Anyone interested in these areas contact the OSFM
Scheduling meetings with groups that are anticipated to be affected.

36. Resources www.mass.gov/dfs Consumers Guide www.nfpa.org

37. Questions?
Thank you !