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What is the Carbon Monoxide Detector Law?

Delaware Code, Title 16, Chapter 66C, Section 6602C requires the owner of any new and existing lodging establishment to install carbon monoxide detection devices in a dwelling unit or sleeping unit has either of the following:

• A fossil-fuel burning heater or appliance, a fireplace, or other feature, fixture, or element that emits carbon monoxide as a byproduct of combustion.
• An attached garage.

For each lodging establishment newly erected, built, or constructed after January 1, 2019 the required carbon monoxide detection devices must be installed at the time of construction.

For each lodging establishment in the process of being erected, built, or constructed as of January 1, 2019 the required carbon monoxide detection devices must be installed by December 31, 2019 or the completion of construction.
For each existing lodging establishment erected, built, or constructed before January 1, 2019 the required carbon monoxide detection devices must be installed by December 31, 2020.

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Who must install carbon monoxide detectors?

The owners of ALL new and existing “lodging establishments” meaning any building, group of buildings, structure, facility, place, or places of business where 1 or more dwelling units or sleeping units are provided and which is kept, used, maintained, advertised, or held out to the public to provide lodging accommodations for pay. This can be:

• A hotel, motel, motor hotel.
• An apartment or multi-family dwelling.
• A bed and breakfast facility.
• A bunkhouse, cabin.
• A dormitory.
• An extended-stay establishment, resort.
• Other similar place by any other name, be it rented, leased, or owned for either transient guests, permanent guests, or for both transient and permanent guests.
• Condominiums.

“Transient” means occupancy of a dwelling unit or sleeping unit for not more than 30 days.

The owner of the lodging establishment must install and maintain the required carbon monoxide detection devices required under this Chapter unless there is a tenant of a rented or leased lodging establishment required to have carbon monoxide detection devices under this Chapter and the rental agreement, lease agreement, or contract is for a period of one month or more. In such a case the owner must install the required carbon monoxide detection devices but the tenant is responsible to maintain an operable battery in any carbon monoxide detection devices within the individual rented or leased dwelling unit.

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What is a carbon monoxide detection device?

For purposes of the “Carbon Monoxide Detector Law”, carbon monoxide detection device means a battery-operated or AC-powered device that detects the presence of the carbon monoxide gas in order to prevent carbon monoxide poisoning. “Carbon monoxide detection devices” includes combination smoke and carbon monoxide detectors.

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How are carbon monoxide detectors to be installed?

Carbon monoxide detection devices required under this Chapter shall be installed in accordance with the rules and regulations of the State Fire Marshal’s Office including all of the following:

Requirements will be consistent with the standards and guidelines of all of the following:

•  The recommendations and instructions provided by the manufacturer of a device.
• Local building codes.
• The American National Standards Institute.

Single station battery-operated carbon monoxide detection devices listed for the purposes for which they are intended are permitted if both of the following conditions exist:

• The lodging establishment was either constructed or received final approval for construction, before January 1, 2019.
•  The carbon monoxide detection devices are installed pursuant to manufacturers’ specifications.
• Be sure that the carbon monoxide detection devices are listed by Underwriters Laboratory, Factory Mutual or any other nationally recognized testing laboratory through the American Association for Laboratory Accreditation. Read the package carefully and look for a listed laboratory symbol. 

  

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When are carbon monoxide devices NOT required?

Carbon monoxide detection devices are NOT required in a dwelling unit or sleeping unit if any of the following apply:

1. A dwelling unit or sleeping unit is located more than 1 story above or below any story that contains a fuel-burning appliance or an attached garage.
2. A dwelling unit or sleeping unit is not connected by duct work or ventilation shafts to any room containing a fuel-burning appliance or to an attached garage.

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If you have any other questions, contact the State Fire Marshal’s Office nearest you:
New Castle County (302) 323-5365
Kent County (302) 739-4394
Sussex County (302) 856-5298