By Nate Carlisle
The Salt Lake Tribune

OGDEN, Utah — A firefighter and health worker are opposing legislation they say would put the burden on tenants rather than landlords to purchase and maintain carbon monoxide alarms in their apartments.

HB402 affects renters in areas that have ordinances requiring carbon monoxide alarms: Salt Lake County and Ogden. Both areas make the building owner responsible for installing and maintaining the devices.

The devices are supposed to sound when they detect dangerous concentrations of carbon monoxide, a by-product of combustion that can build up from household appliances including water heaters and furnaces.

Royal DeLegge, environmental health director with the Salt Lake Valley Health Department, said HB402 would make it difficult to enforce carbon monoxide alarm requirements in apartments. Instead of notifying one landlord about the regulation to ensure every unit has an alarm, DeLegge said the health department would have to notify hundreds of apartment dwellers.

"We think it's probably more uniformly enforceable if the property owner takes responsibility for it," DeLegge said.

Rep. Kevin Garn, R-Layton, said he filed the bill at the behest of apartment owners, who said the state and local jurisdictions were inconsistent in carbon monoxide alarm requirements.

"The occupant, they may take it down," Garn said. "They may knock it over, take the battery out. Whatever."

Ogden Fire Department Chief Mike Mathieu, who opposes the bill, said an attorney for his city has said the legislation might conflict with state building codes, which require carbon monoxide alarms in new buildings. Mathieu argues landlords are already required to keep smoke alarms and appliances in working order.

"The landlord provided the furnace. The landlord provided the water heater," Mathieu said. "Now it's the tenant's fault if they suffer the ill effects from those devices."

In Ogden, the city requires the building owner and tenant share responsibility for carbon monoxide alarms. The owner must provide alarms, Mathieu said, but the tenant must change the batteries and maintain the device.

Copyright 2009 The Salt Lake Tribune
All Rights Reserved