Bill requires CO detectors be disclosed on seller disclosure form

Senate Bill 607 (Browne, R-Lehigh) is on its way to the governor’s desk for his signature. The bill requires homeowners to disclose on their seller disclosure form whether their property has carbon monoxide (CO) detectors installed, and requires the installation of detectors in certain rental properties.

“PAR’s Seller’s Property Disclosure Statement (Form SPD) already includes language for sellers to disclose whether or not a home has a CO detector,” according to Hank Lerner, PAR director, Professional Practice. “Realtors® who recommend PAR’s form for their sellers won’t need to do anything different to comply with this new law.”

While 2010 changes to the Pennsylvania Uniform Construction Code require certain properties to have CO detectors, they are not universally required for all homes.  The bill doesn’t change this, and does not require any seller (or buyer) to install a CO detector – it simply requires sellers to inform buyers whether a detector is present or not.

Multifamily and rental properties are also affected by the bill.  Owners of multifamily properties that have a fossil fuel-burning heater or appliance, a fireplace or an attached garage are required to install a CO detector “centrally located” and “in the vicinity of the bedrooms and the fossil fuel-burning heater or fireplace.”   The owner is responsible for installing the detector and repairing/replacing it between tenants, but while the property is occupied the tenant is explicitly responsible for all upkeep, including periodic testing and battery replacement. Further, if the unit fails during a tenant’s tenure, the tenant would be responsible for repair or replacement.

As originally proposed in the last legislative session, this bill would have required a point-of-sale inspection for CO detectors and imposed further responsibilities on landlords.  PAR and PROA (the Pennsylvania Rental Owners Association) have been engaged on the issue since 2011 in order to reduce the burden to property owners.

“PAR worked with Sen. Browne to ensure that consumers are protected in their homes by alerting a buyer of the presence of CO detectors in residences through the Sellers Property Disclosure Statement,” said PAR President Bette McTamney. “The additional point-of-sale inspections would have created an undue hardship for sellers.”