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Come join us at the next AASEW monthly membership meeting next week. When: Monday May 21st at 7 PM Where: The Best Western, 1005 S. Moorland Road, in Brookfield Who: Steven J. Smullin – Real Estate Problem Solving Since 1988. Topic: Real Estate Trading – It’s All About the Benes . . . That’s the [...]
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New Law Regarding Carbon Monoxide Detectors Affects Owners of Single and Two-Family Properties

A new state law requiring that carbon monoxide detectors be installed in all single family homes and duplexes took effect on February 1, 2011.
The law requires that a functional carbon monoxide detector be installed by the property owner in the basement and on each floor (except the attic, garage, or storage area) of all single family and two-family dwellings. This applies to owner-occupied homes as well as rental properties. This new law can be found at sec. 101.647 of the Wisconsin Statutes.

A carbon monoxide detector is not required to be installed if the property does not have an attached garage or fireplace, and contains no fuel-burning appliances.

If a rental property, the new law requires the tenant to maintain the carbon monoxide detector and further requires the tenant to notify the owner, in writing, if a detector is not working properly. Once notified, the property owner must perform the necessary maintenance to either repair the carbon monoxide detector or replace it within 5 days after receipt of the written notice from the tenant.

The new law exempts a rental property owner from liability for (1) false alarms -- as long as the carbon monoxide detector was reasonably maintained; (2) failure of the detector to work properly -- if its failure was due to tampering, removal, or destruction by a person other than the owner; and (3) a faulty detector -- as long as it was reasonably maintained.

If you own a multi-unit property (three units or more), carbon monoxide detectors have been required in all units since April of 2010. The law regarding carbon monoxide detectors in multi-family units is codified in sec. 101.149 of the Wisconsin Statutes.

If you are looking for a carbon monoxide detector form to distribute to your tenants, Wisconsin Legal Blank Co. currently sells carbon monoxide detector forms (which I have drafted) for single and two-family dwellings as well as multi-unit properties. Both forms summarize the law and provide notice to both tenants and landlords as to their rights under the respective laws.

Tristan R. Pettit