New Jersey Section 2C:40-12 – Carbon monoxide limitations

New Jersey’s Carbon Monoxide Law: What You Need to Know

Carbon monoxide (CO) is a silent killer. You can’t see it, smell it, or taste it. But it can quickly fill your home and poison your family. That’s why New Jersey passed section 2C:40-12 of the state code, placing strict limits on carbon monoxide emissions. This law is meant to protect people from CO poisoning. But what exactly does it do? Let’s break it down so you can understand your rights and responsibilities under the law.

What Activities Are Covered by the Law?

The law covers any activity that produces carbon monoxide as a byproduct. This includes:

• Using fuel-burning appliances like furnaces, water heaters, fireplaces, generators, etc.
• Running vehicles in attached garages.
• Using fuel-powered equipment like lawnmowers, pressure washers, etc.
• Burning charcoal or fuel in grills, firepits, etc.
• Using gas-powered equipment like welding/cutting torches, concrete saws, etc.

Basically, if it burns fuel and makes CO, it’s covered. The law applies to both residential and commercial properties in NJ.

Key Provisions of the Law

The law has a few key rules:

CO Detectors

• Detectors must be installed within 10 feet of every bedroom door.
• Multi-family buildings need detectors on every level, including basements and common areas.
• Detectors must be powered by the building’s electrical system (no batteries).
• Detectors must be replaced after expiration dates.

Maximum Allowable Emissions

• Fuel-burning appliances can’t emit more than 100 parts per million (ppm) CO over ambient outdoor levels.
• Ambient outdoor level is usually 0-5 ppm.
• So total indoor CO must stay under 105 ppm.

Annual Inspections

• Landlords must inspect all detectors and fuel-burning appliances/vents yearly.
• Tenants must allow access for these inspections.

Penalties

• Fines of $100-500 per violation for landlords.
• Possible criminal charges for disabling detectors.
• Tenants can call their local health department to report violations.

Why This Law Matters

CO poisoning causes thousands of injuries and deaths each year. It’s often misdiagnosed as the flu or food poisoning. Symptoms like dizziness, nausea, and fatigue are vague but can escalate to loss of consciousness and even death.

CO is produced whenever we burn fuels like gasoline, propane, natural gas, oil, wood, or charcoal. Faulty or improperly used appliances like furnaces, generators, and grills release CO into our homes and buildings. Extended exposure, even at low levels, can be lethal.

That’s why having working CO detectors is so critical. These devices alert you to rising CO levels before they become dangerous. The alarms give you time to ventilate, turn off appliances, and get outside into fresh air. The annual inspections also help catch any issues with fuel-burning systems before CO builds up.

While the 100 ppm cap may seem low, remember that normal outdoor CO levels are 0-5 ppm. So the law allows a pretty big buffer before triggering alarms and requiring repairs. This limit ensures dangerous CO situations don’t develop.

Common Violations and Legal Issues

Despite the law’s importance, many landlords and tenants are still confused about compliance. Here are some of the biggest trouble spots:

• Not conducting annual appliance inspections. Landlords often skip these, and tenants don’t know to ask.
• Disabling CO detectors. Tenants sometimes remove batteries or unplug detectors because they find the alarms annoying. This can lead to fines and criminal charges.
• Improper detector placement. Detectors need to be within 10 feet of bedrooms, not just in common areas.
• Gas grill usage in garages or on balconies. This can send CO into living spaces, especially if vents are blocked.
• Running generators, pressure washers, or vehicles too close to buildings. These produce massive CO emissions that can infiltrate indoors.
• Using gas ranges, ovens, or dryers for heating. These are major CO hazards and can result in extremely high indoor concentrations.
• Tampering with or disabling fuel-burning appliances. This often happens when tenants try to modify or disconnect gas or oil heating systems.

As you can see, both landlords and tenants play a role in meeting the law’s requirements. It’s not just a landlord responsibility. Knowledge is key – if you understand the risks of CO and the protections offered by 2C:40-12, you can keep your family safe.

Legal Defenses if Facing CO Violations

No one wants to face fines or criminal charges under the law. But mistakes happen, and it’s good to know your defense options if you end up in court over CO violations:

• Lack of knowledge: You can argue you were unaware of the law’s specific requirements. This works best as a one-time defense for minor infractions.
• Unforeseen circumstances: Freak events like fires, floods, or electrical surges can cause CO detectors to fail or appliances to malfunction unexpectedly. This is a solid defense if the issue is promptly fixed.
• Mitigating factors: You made a good faith effort to comply, had detectors/appliances inspected annually, but an unseen deficiency slipped through. The court may show leniency.
• Inability to comply: Landlords may not be able to access all units annually if tenants refuse entry. This is a plausible defense but requires proof of multiple written notices to tenants.
• Financial hardship: Low-income individuals may qualify for exemptions if they can’t afford annual inspections or detector/appliance upgrades. Income documentation is required.
• Wrongful accusation: Another person disabled the detector or caused the violation, not you. The evidence must clearly show your innocence.

The court will consider any reasonable defense. Having documentation like inspection reports, work orders, letters to tenants, etc. helps prove you tried to comply before the violation occurred.

Overall, the best tactic is staying vigilant about the law’s requirements. Conduct regular inspections, fix any issues immediately, and educate tenants on CO dangers. Preventing problems is far easier than mounting a legal defense after the fact.

Takeaways: Staying Safe from CO

The potential penalties make 2C:40-12 seem intimidating. But remember, the core purpose is keeping people safe. Follow these tips to avoid CO poisoning:

• Have working detectors within 10 feet of every bedroom. Replace them every 5-7 years.
• Never disable detectors. The alarm could save your life.
• Allow annual inspections of appliances and detectors. This ensures they’re working properly.
• Never use ovens, grills, or generators indoors or near windows.
• Never run cars in attached garages, even with the garage door open.
• Never use gas ranges or ovens for heating.
• Have chimneys and vents inspected annually before using fireplaces or wood stoves.
• Look into electric appliances if replacing gas/oil furnaces, water heaters, or stoves.
• Open windows and use fans when running fuel-burning appliances.
• Know the symptoms of CO poisoning. Get outside immediately if they appear.

The law provides important protections. But your first line of defense is proactively avoiding CO buildup in your home. A small investment in prevention can prevent devastating poisonings.

Stay warm and safe this winter! And if you have questions on 2C:40-12 compliance, contact an experienced landlord-tenant attorney. They can advise you on following the law and protecting your legal rights.