Town of Weston, CT
Fairfield County
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Table of Contents
Table of Contents
[Adopted 7-9-2009]
The following article requiring operable carbon monoxide (CO) alarms in certain structures within the Town for the protection of the public health and safety is hereby adopted. This article shall apply throughout the Town of Weston and all applicable structures therein.
Recognizing that exposure to carbon monoxide (CO), a colorless, odorless gas, can cause headaches, dizziness, nausea, faintness, and, at high levels, death, the following article is enacted for the purpose of protecting the public health and safety of the residents of the Town by requiring operable carbon monoxide alarms in certain structures, thereby hopefully reducing the number of injuries and fatalities resulting from carbon monoxide (CO) poisoning.
As used in this article, the following terms shall have the meanings indicated:
CARBON MONOXIDE (CO) ALARM
A device sensing invisible particles of carbon monoxide that is either battery-powered or AC-powered with battery backup, that has been installed in accordance with its manufacturer's recommendations, which, when activated, will provide some form of visual or audible alarm, and which has been either UL (Underwriters' Laboratories, Inc.) listed or CSA (Canadian Standards Association) approved. (CO alarms installed prior to January 1, 2004, are not subject to the requirements stated above as to the power source for the CO alarm.)
CHILD-CARE FACILITY
Includes child-care centers, family child-care homes, and any other child care arrangement that provides child care, regardless of the time of day, wherever operated, and whether or not operated for profit.
COMMERCIAL BUILDING
Any building used for commercial purposes and shall include, but is not limited to, stores, offices, schools, churches, gymnasiums, libraries and eating establishments.
DWELLING
A building designed or occupied for residential purposes and having either.
A. 
One dwelling unit, i.e., a single-family dwelling; or
B. 
Two dwelling units, i.e., a duplex or apartment.
DWELLING UNIT
A single unit providing complete and independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
MUNICIPAL BUILDING
Any building or structure owned wholly or in part by the Town.
PERSON
An individual, firm, partnership, and association, public or private institution, municipality, political subdivision of the Town, governmental agency or a public or private corporation, organized or existing under the laws of this state.
Every dwelling unit shall contain at least one operable carbon monoxide (CO) alarm installed in accordance with the manufacturer's recommendations. This provision shall apply to existing dwelling units in addition to dwelling units to be constructed in the future.
It shall be unlawful for anyone to rent or lease to another a dwelling unit unless that dwelling unit has in it at least one operable carbon monoxide (CO) alarm installed in accordance with the manufacturer's recommendations. This provision shall apply to existing dwelling units in addition to dwelling units to be constructed in the future. The landlord shall replace or repair the carbon monoxide (CO) alarms within 15 days of receipt of notification if the tenant notifies the landlord of needed replacement or repairs in writing. The landlord shall ensure that a carbon monoxide (CO) alarm is operable and in good repair at the beginning of each tenancy. The tenant shall periodically inspect the carbon monoxide (CO) alarm to ensure operability and notify the landlord in writing of any needed repairs, test and replace batteries in any battery-operated carbon monoxide (CO) alarms as needed during the tenancy, and do nothing to disable carbon monoxide (CO) alarms. Failure of the tenant to replace the batteries as needed shall not be considered as negligence on the part of the tenant or the landlord.
Every child-care facility shall contain at least one operable carbon monoxide (CO) alarm installed in accordance with the manufacturer's recommendations. This provision shall apply to existing child-care facilities in addition to child-care facilities to be constructed in the future.
All commercial buildings shall have operating carbon monoxide (CO) alarms on each floor level installed in accordance with the manufacturer's recommendations. The building landlord shall ensure that all carbon monoxide (CO) alarms are operable and in good repair within the structure. The tenant shall periodically inspect the carbon monoxide (CO) alarm to ensure operability and notify the landlord in writing of any needed repairs, test and replace batteries in any battery-operated carbon monoxide (CO) alarms as needed during the tenancy, and do nothing to disable carbon monoxide (CO) alarms. Failure of the tenant to replace the batteries as needed shall not be considered as negligence on the part of the tenant or the landlord.
All municipal buildings shall have operating carbon monoxide (CO) alarms on each floor level installed in accordance with the manufacturer's recommendations. The Town shall ensure that all carbon monoxide (CO) alarms are operable and in good repair within the structure. Failure of the Town to replace the batteries as needed shall not be considered as negligence on the part of the Town.
This article may be enforced in any one or more of the following ways as prescribed:
A. 
Civil penalty.
(1) 
A civil penalty of $50 for each of the first five days and $100 for each day thereafter of violation of this article may be assessed by the Fire Marshal against any person who:
(a) 
Fails to install an operable carbon monoxide (CO) alarm; or
(b) 
Fails to make operable an existing carbon monoxide (CO) alarm; as required by this article within 30 days after having been issued a warning requesting correction of a violation of these regulations.
(2) 
Failure to pay a civil penalty or file an appeal within 30 days after notification of the violation shall result in an additional penalty of $50. The Board of Selectman may establish procedures for the collection of the civil penalties and may enforce collection of the penalties by a civil action in the nature of debt. Any person upon whom a civil penalty is levied by the Fire Marshal shall have a right to file an appeal with the First Selectman's office at any time prior to the date the civil penalty becomes delinquent. Upon receipt of a timely exception, the Fire Marshal shall arrange a conference with the person to afford him an opportunity to present any evidence or argument he/she may have regarding the civil penalty. Within 15 days after the conference, the Fire Marshal shall give written notice to the person of his final decision. In cases in which no rebate or refund is granted, the person shall have 15 days from the date the notice from the Fire Marshall is mailed to appeal the Fire Marshal's decision to the First Selectman, or his/her designee. The person must pay the civil penalty prior to any hearing before the First Selectman or his/her designee. The First Selectman, or his/her designee, shall have the authority to authorize a rebate or refund of the civil penalty if he/she concludes the civil penalty is not owed. The First Selectman's decision, or that of his/her designee, shall not be subject to review.
B. 
Injunction. The provisions of this article may be enforced by civil action, including an injunction. Only the Board of Selectman may authorize initiation of a civil action seeking an injunction or to collect a civil penalty.
This article shall apply throughout the Town of Weston.
A. 
For any new construction, these regulations shall go into effect on September 1, 2009.
B. 
For any dwelling units (owner-occupied or rental), commercial buildings, child-care facilities, or municipal buildings, these regulations shall go into effect on January 1, 2010, for all such structures for which a certificate of occupancy has been issued either prior to or after that date.