A district court judge has found probable cause for a negligent homicide claim to move forward against a subcontractor and the building inspector that resulted in the tragic deaths of the Lofgren family due to carbon monoxide poisoning. This situation was the catalyst for the passing of HB 1091 that mandates:
- Any single family dwelling or unit in a multi-family dwelling offered for sale or transfer on or after July 1, 2009, would be required to have carbon monoxide detectors if the unit has a fuel-burning heater or appliance, a fireplace or attached garage;
- Any new construction of a single family dwelling or unit in a multi-family dwelling in which building permits are issued on or after July 1, 2009, would be required to have carbon monoxide detectors if the unit has a fuel-burning heater or appliance, a fireplace or attached garage;
- Rental units must be equipped with carbon monoxide detectors and landlords would be required to provide maintenance and replacement of the detectors when notified by tenants of such a need.
Depending upon the requirements of governing documents, condominium and some townhome associations may also be required to ensure the installation of carbon monoxide detectors in units. Carbon Monoxide poisoning continues to make headlines with the carbon monoxide poisoning that occurred at an ice rink in Gunnison that hospitalized over 80 people last February.