Making sense of Nicole's Law
By Stephen Costello, Executive Vice President of Bank of Canton

June 2006- Approximately 480 deaths occur in the U.S. each year as a result of unintentional carbon monoxide (CO) poisoning. Carbon monoxide, also known as the "silent killer," is an odorless, colorless and tasteless gas that seeps into the homes of its victims, causing flu-like symptoms and even death. According to a study published in January 2006 from Christopher R. Henry of the Minneapolis Heart Institute Foundation, exposure to carbon monoxide poisoning weakens the heart muscles, which in turn, increases the risk of heart failure. The study showed that the heart was damaged in 40 percent of those exposed to CO. With more than 40,000 people treated in the United States for CO poisoning each year, this "silent killer" has the potential to harm thousands of lives.

The Massachusetts State Legislature is giving voices to the victims of this killer. The state recently passed Nicole's Law, named for Nicole Garofalo, who died from CO poisoning after a snowdrift blocked the vent to a gas boiler, filling the home with the poisonous gas. Quoting Massachusetts Governor Mitt Romney, ''Today, we have the opportunity to turn the senseless death of Nicole Garofalo into the wake-up call the little girl never heard."

In the hope to end the "senseless" deaths caused by CO, Nicole's Law mandated the installation of carbon monoxide detectors in all residential homes by March 31, 2006. The deadline for informing fire departments regarding this plan was May 15, 2006. However, because of the added time and cost for residential investment property owners to meet the regulations, their deadline has been extended to January 1, 2007. Although the new law is very clear in regard to residential owner-occupied dwellings, many residential investment properties owners are unclear about the details of the new regulations and the requirements they will have to satisfy to be in compliance with this new law. I hope this article will help.

What do commercial properties owners have to do to meet the new mandates?
According to the Massachusetts Department of Fire Services, under the provisions of Nicole's Law, all residential properties that have fossil-fuel burning equipment, an attached garage or enclosed parking area must have working carbon monoxide protection. A detector is required within 10 feet of each bedroom door and one on each habitable level. Generally, unfinished basements and attics do not require CO detectors. Both homeowners and landlords have the option of using the battery operated, wall plug-in (with battery back-up), hardwired (with battery back-up) or wireless detectors that are allowed by the Fire Safety Code. If you choose to install combination smoke and CO detectors, the Code requires that they signal with a voice-type alarm and that any unit installed within 20 feet of a kitchen or bathroom utilize photo-electric type smoke detection. Carbon monoxide detectors do not go inside garages, but must be installed within the adjacent living space.

The regulations allow for an alternative compliance for multiple dwelling units that have a minimal source or no source of CO inside individual units. According to the Department of Fire Services, this allows owners to target the CO alarm protection to only those areas that could be potential sources of CO such as, rooms that contain boilers, hot water heaters, central laundry areas and enclosed parking areas.

Who will enforce the law in commercial properties?

• Landlords are mandated to inspect, maintain, and if necessary, replace all CO alarms. This inspection will be required annually, as well as at the beginning of any rental period or if a complaint is issued. Landlords are also required to replace batteries in these alarms at least once a year.
• Tenants will report any problems with the detectors to the landlord immediately, and should learn to recognize the difference between the smoke alarm and the CO detector.
• The Department of Public Health is required to adopt and enforce Nicole's Law on landlords as part of the State Sanitary Code.
• Fire departments are required to inspect all residences for CO detectors upon sale and transfer or if a complaint is issued.

How much will it cost?
Homeowners can expect a typical cost of $20-30 for the battery-operated CO detector, which can be found at most local hardware and home supply stores. Many landlords have raised concerns about implementation of the law in regards to proper installation, inspection, effectiveness and costs relating to material and labor for hardwiring a CO system. According to Roxanne Pratten, Owner of Pratten's Design and Construction Inc., Medford, Mass., landlords can expect an estimated cost of $200-$250 per unit, when combining labor and costs to hardwire the system. If residential property owners choose not to hardwire these systems, they may install battery operated detectors within each unit and where CO detectors are required. However, since landlords are mandated to replace these batteries annually, in the long run, the cost of installing a hardwired system may be more cost efficient.

Fire department fees must also be taken into consideration. The cost for separate or joint inspections of CO alarms and smoke detectors are $50 for single-family homes or units, $100 for two-family dwellings, $150 for three- to six-unit dwellings and $500 for six- or more unit buildings. This cost is only incurred at the time of installation, during sale and transfer or if a complaint is issued. Although property owners may suffer the initial costs installation and inspection of these units, the upkeep of the CO detectors will be minimal.

What happens if someone does not comply?
According to the Department of Fire Safety, if one does not comply with the regulations outlined in Nicole's Law the local fire department can bring that landowner to court and penalties will be issued. The law also provides penalties for any person who tampers with these life safety devices. There is no set fee, as it will be up to the individual town fire department and the court to determine how much the penalty will be. In extreme cases where a landowner neglects to install a CO detector and one dies as a result of CO poisoning, the landowner will be held responsible for that person's death.

With more than 3,000 cases of CO poisoning reported in Massachusetts each year, the hope is that Nicole's Law will help prevent future senseless deaths from carbon monoxide poisoning. For all property owners, but particularly if you are a landlord, you need to understand your responsibilities under this new law and the costs you will incur to be in compliance.