Review of statelevel laws requiring carbon monoxide alarms in residential settings Presented by Fuyuen Yip PhD MPH Air Pollution and Respiratory Health Branch NCEH CDC Coauthored by J Clower ID: 765720
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Review of state-level laws requiring carbon monoxide alarms in residential settings Presented by: Fuyuen Yip, PhD, MPH Air Pollution and Respiratory Health Branch, NCEH, CDCCo-authored by: J. Clower, S. Kershner, T. Boehmer, L. Caucci, S. Iqbal, Y. WingCouncil of State and Territorial Epidemiologist’s Annual ConferenceJune 5, 2012 National Center for Environmental Health Division of Environmental Hazards and Health Effects
Carbon Monoxide (CO) Colorless, odorless gas Produced due to incomplete combustion of hydrocarbonsCommon sources:Home heating & cooking appliances Gas powered equipment Motor vehicles A leading cause of poisoning in the US
Epidemiology of Unintentional, Nonfire-related CO Exposures Mortality & morbidity>20,000 emergency department visits~2,300 hospitalizations~450 deaths Populations affected Non-fatal: Children (<5 years), Females Fatal: Elderly (>65 years), Males Season Winter Region Midwest Northeast
CO Poisoning Health Effects & Prevention Non-specific flu-like symptoms: Fatigue, dizziness, headache, confusion, nausea, vomitingCollapse, coma, cardio-respiratory failure, & death15%−49% develop neuro-cognitive sequelae Most cases occur in residential settings Preventable with installation of CO alarm 37% of U.S. households report having a CO alarm ( 2009 NHIS, National Household Interview Survey)
CO Alarm Guidance Underwriter’s Laboratory (UL) approved Battery-operated or have battery-back upLocated outside of sleeping areas in homesIn homes with fuel burning appliances In homes with attached garages/parking
Public Health Law Law can be an important tool to affect public health outcomes States have powers to enact legislation and promulgate regulations to protect the public health, welfare, and morals, and to promote the common goodState laws includeStatutes that are adopted by legislatureRegulations that are promulgated by executive agencies
CO Alarm Laws Sometimes adopted in response to CO poisoning events CO alarm provision can be adopted as part of Public health and safety lawsLandlord/tenant lawsMore recently, through state adoption of large national or international code(s):International Code Council (ICC) building, residential, and fire codes National Fire Protection Agency (NFPA) codes and standards
International Code Council (ICC) Nonprofit organization that develops comprehensive , coordinated building safety and fire prevention model codes (I-Codes)I-Codes updated every 3 yearsCO alarm provisions first included in 2009 IRCI-Codes relevant to CO alarms:International Residential Code (IRC)International Building Code (IBC)International Fire Code (IFC)I-Codes must be adopted by state or local governments through statute or regulation
2009 IRC SECTION R315 – CARBON MONOXIDE ALARMS** IRC applies to detached one- and two-family dwellings and townhouses not more than three storiesR315.1 Carbon monoxide alarms. For new construction, an approved carbon monoxide alarm shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units within which fuel-fired appliances are installed and in dwelling units that have attached garages.R315.2 Where required in existing dwellings. Where work requiring a permit occurs in existing dwellings that have attached garages or in existing dwellings within which fuel-fired appliances exist, carbon monoxide alarms shall be provided in accordance with Section R315.1.R315.3 Alarm requirements. Single station carbon monoxide alarms shall be listed as complying with UL 2034 and shall be installed in accordance.
Objectives Describe state-level laws that require CO alarms in residential dwellingsAssess provisions of CO alarm laws pertaining to public health guidance for CO poisoning prevention
Methods Collaboration between Air Pollution and Respiratory Health Branch/NCEH and Public Health Law Program CDC attorneys conducted search to identify state laws: WestlawNext databaseInternational Code Council (ICC) websiteIndividual state legislative and building code websitesInclusion criteriaState-level statute or regulationAdopted as of December 31, 2011 Address CO alarms in traditional residential dwellings
Methods Collected important provisions of laws: Applicable building types Responsibility for installation and repair Alarm type, operation, and installation specificationsPenalty and compliance issuesData abstractionTwo researchers independently abstracted each law and resolved inconsistencies in codingCoding reviewed by an attorney for accuracyData analysisFrequency of states with specific CO alarm law provisions Percentages calculated using the number of states with CO alarm laws as the denominator
Number of CO Alarm Laws 71 CO alarm laws identified as of Dec. 31, 2011 36 states (72%) have a CO alarm law Number of laws per state ranged from 1 to 6 17 states have 1 law; 11 states have 2 laws; 8 states have 3+ laws
Type of CO Alarm Laws (n=71) Number of Laws % of LawsI-Codes, modified or verbatim 34 48% Independent State Building Codes 8 11% Landlord/Tenant laws 7 10% Public Health or Safety laws 22 31%
CO Alarm Law Type by State (n=36) Number of States % of StatesI-Code only, verbatim or modified 12 33% I-Code plus another law 15 42% Independent State Building or Fire Code only 2 6% Landlord/Tenant or Public Health or Safety laws only7 19%
Effective Date of First CO Alarm Law per State, 1998–2011 (n=36) Year first CO alarm law became effectiveNumber of states
Alarm Requirements by Dwelling Characteristics
Alarm Requirements by Dwelling Characteristics 64% 31% 6%
Alarm Requirements by Dwelling Characteristics Presence of CO Source
Alarm Location within Dwelling Number of states 19% 89% 6 %
Alarm Type, Installation, and Power Source Number of states 92% 28% 89%
Additional Alarm Installation Requirements Provision Number of States (n)% Specifies who is responsible for installation (e.g., o wner, landlord) 15 41.7 Alarm required u pon new lease 10 27.8 Alarm required u pon sale/transfer 719.4
Compliance and Penalty Issues Provision Number of States (n)%Installation compliance check 29 80.6 Penalty for not installing 11 30.6 Prohibit tampering or disabling 12 33.3 Penalty for tampering or disabling 8 22.2
Summary 36 states adopted a CO alarm law as of Dec. 31, 2011 14 (28%) states do NOT have a state-level CO alarm lawLocal jurisdictions within these states may have CO alarm lawsAddition of CO alarm provision to 2009 IRC substantially increased the coverage of CO alarm requirements across US25 states adopted the IRC since 200912 states only address CO alarm requirements via the IRC
Summary: CO Alarm Guidance Provisions of public health CO alarm guidance: 7 states included all five provisions2 states included zero provisions Some state laws included provisions about installing CO alarms near fossil fuel-burning appliances, which is against manufacturer’s instructions 92% UL approved 89% Installed outside of sleeping areas 89% In homes with fossil fuel burning appliances 86% In homes with attached garages/parking 28% Operates on battery or has battery backup
Summary: Compliance CO alarm law compliance is complicated and can vary widely from state to stateNew and renovated dwellingsCO alarm requirements that are a part of the state building code entail a compliance check for permitting purposesExisting dwellingsSeveral (7) states made the alarm requirement contingent upon the sale of the dwelling to increase compliance
Limitations Only used legal resources available in the public domain Did not address how law interpreted and usedUnderstanding content and provisions of law doesn’t reflect how it is being used States without state-level CO alarm laws might have local laws
Next Steps Increase awareness of public health guidance for CO alarm installation Work with ICC and NFPA to revise model, national building codes incorporate aspects of public health guidancedecrease variability among CO alarm laws Possible future efforts Work towards building model legislation Examine effectiveness of state CO alarm laws in the reduction of CO exposures and poisonings
For more information please contact Centers for Disease Control and Prevention 1600 Clifton Road NE, Atlanta, GA 30333 Telephone: 1-800-CDC-INFO (232-4636)/TTY: 1-888-232-6348E-mail: cdcinfo@cdc.gov Web: http://www.cdc.govThe findings and conclusions in this report are those of the authors and do not necessarily represent the official position of the Centers for Disease Control and Prevention.National Center for Environmental HealthDivision of Environmental Hazards and Health Effects Thank you .
National Fire Protection Association NFPA provides and advocates consensus codes and standards, research, training, and educationNFPA develops, publishes, and disseminates more than 300 consensus codes and standards aimed to minimize the possibility and effects of fire and other risksNFPA 720: Standard for the Installation of Carbon Monoxide(CO) Detection and Warning Equipment
Example Modifications to IRC Limited code to “new construction” only (less comprehensive) Added provisions about location of alarms“one on each story including basements and cellars”Added provisions allowing use of combination smoke/CO detectorsAdded provisions about alarm power source
Discussion Impact of public health laws varies depending on:breadth of the lawfundingimplementationEnforcementLaws of narrower scope may:limit the ability to prevent CO poisoningsmay be the result of industry resistanceRecent adoptions and revisions provide opportunity to strengthen existing laws and bring them into alignment with public health guidance