17th January 2013

When asked not to disclose if property has CO detectors

posted in Appraisal Management Companies |

Some appraisal management companies are asking those in California NOT TO disclose if there are or aren’t Carbon Monoxide Detectors located inside a home.

Laws were recently passed in some states requiring inspection for home inspectors.

(1) For all existing single-family dwelling units intended for
human occupancy on or before July 1, 2011.

(2) For all other existing dwelling units intended for human
occupancy on or before January 1, 2013.

(b) With respect to the number and placement of carbon monoxide
devices, an owner shall install the devices in a manner consistent
with building standards applicable to new construction for the
relevant type of occupancy or with the manufacturer’s instructions,
if it is technically feasible to do so.

(c) (1) Notwithstanding Section 17995, and except as provided in
paragraph (2), a violation of this section is an infraction
punishable by a maximum fine of two hundred dollars ($200) for each
offense.

(2) Notwithstanding paragraph (1), a property owner shall receive
a 30-day notice to correct. If an owner receiving notice fails to
correct within that time period, the owner may be assessed the fine
pursuant to paragraph (2).

(d) No transfer of title shall be invalidated on the basis of a
failure to comply with this section, and the exclusive remedy for the
failure to comply with this section is an award of actual damages
not to exceed one hundred dollars ($100), exclusive of any court
costs and attorney’s fees. This subdivision is not intended to affect
any duties, rights, or remedies otherwise available at law.

If you are asked not to report the use of CO detectors in an appraisal report, you can disclose the fact that you are not required to perform this inspection.

You can state the actual law, or bill #’s (Per WA State RCW 19.27.530 / CA State: Per CA Senate Bill – SB183: CO Alarm(s)) and disclose that the appraisal inspection does not require CO detectors to be installed. Proper CO detection unknown; testing not done.

Bryan Knowlton

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