[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:
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.)
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.
Any building used for commercial purposes and shall include,
but is not limited to, stores, offices, schools, churches, gymnasiums,
libraries and eating establishments.
A building designed or occupied for residential purposes
and having either.
A single unit providing complete and independent living facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
Any building or structure owned wholly or in part by the
Town.
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:
(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.
