Bill 143 2008

An Act to amend the Building Code Act, 1992 to require carbon monoxide detectors in all residential buildings

Note: This Act amends the Building Code Act, 1992.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  The Building Code Act, 1992 is amended by adding the following section:

Carbon Monoxide Detectors

Application

   15.8.1  (1)  Carbon monoxide detectors shall be installed in accordance with this section in every building that is used for residential occupancy.

Location

   (2)  A carbon monoxide detector shall be installed adjacent to each sleeping area in a building that is used for residential occupancy.

Additional requirement

   (3)  In addition to the requirement in subsection (2), at least one carbon monoxide detector shall be installed on each storey that does not contain a sleeping area in a building that is used for residential occupancy.

Installation and conformance to standards

   (4)  A carbon monoxide detector shall,

  (a)  be permanently connected to an electrical circuit and shall have no disconnect switch between the overcurrent device and the carbon monoxide detector;

  (b)  be wired so that its activation will activate all carbon monoxide detectors within a suite, where located within a suite that is used for residential occupancy;

   (c)  be equipped with an alarm that is audible within bedrooms when the intervening doors are closed, where located adjacent to a sleeping area; and

  (d)  conform to such standards as may be prescribed.

Existing buildings

   (5)  In the case of existing buildings, a battery operated carbon monoxide detector is deemed to comply with clauses (4) (a) and (b).

Owner's responsibility

   (6)  Carbon monoxide detectors shall be maintained in operating condition by the owner of a building that is used for residential occupancy.

Rental buildings

   (7)  For the purposes of subsection (6), in buildings that contain rental units, the landlord is deemed to be the owner.

Instructions for tenants

   (8)  The landlord shall provide a copy of the carbon monoxide detector manufacturer's maintenance instructions or a prescribed alternative to the occupant in each rental unit.

Disabling not permitted

   (9)  No person shall intentionally disable a carbon monoxide detector so as to make it inoperable.

Conflict

   (10)  In the event of a conflict between this section and any other Act or regulation or municipal by-law, this section prevails.

Transition, existing buildings

   (11)  This section does not apply to existing buildings until 12 months after the day the Hawkins Gignac Act (Carbon Monoxide Detectors), 2008 receives Royal Assent. 

Definitions

   (12)  In this section,

"existing building" means,

  (a)  a building that exists on the day the Hawkins Gignac Act (Carbon Monoxide Detectors), 2008 receives Royal Assent, or

  (b)  construction for which a permit is issued on or before the day the Hawkins Gignac Act (Carbon Monoxide Detectors), 2008 receives Royal Assent; ("bâtiment existant")

"suite" has the same meaning as in Ontario Regulation 350/06 (Building Code). ("suite")

Commencement

   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Hawkins Gignac Act (Carbon Monoxide Detectors), 2008.

EXPLANATORY NOTE

The Bill amends the Building Code Act, 1992 to require carbon monoxide detectors to be installed in all residential buildings.  The Bill sets out installation requirements, and requires the detectors to conform to standards prescribed by the regulations made under the Act.  Building owners must maintain the detectors in operating condition.  Disabling a detector is prohibited.