Article | Unpacking HUD's CO Detector Notice

“Each year more than 400 Americans die from unintentional CO poisoning not linked to fires, more than 20,000 visit the emergency room, and more than 4,000 are hospitalized.”    National Center for Environmental Health

According to Congressional action taken in 2020, owner/agents and PHAs of properties that receive federal rental assistance have an important role to prevent potential loss of life and severe injury associated with carbon monoxide (CO) in housing they own or manage. To comply with the law, HUD published a joint-office Notice on January 31, 2022. In the Notice, HUD encourages PHAs and property owners to adopt standards at or above the standards of the 2018 International Fire Code (IFC) as soon as possible for the health and safety of residents and that these requirements will be enforced by HUD after December 27, 2022.

The law requires covered properties to comply with the International Fire Code (IFC) 2018 standards on the installation of CO alarms or detectors by December 27, 2022.

Who Cares?

This Notice applies to:

• Public Housing (PH)
• Housing Choice Vouchers (HCV)
• Project Based Vouchers (PBV)
• Section 8 Project Based Rental Assistance (PBRA)
• Section 202 Supportive Housing for the Elderly (Section 202)
• Section 811 Supportive Housing for Persons with Disabilities (Section 811)

Does it apply to LIHTC or HOME? No…but also, yes.

It does not apply to LIHTC, HOME, or tax-exempt bond-financed projects, unless these also have Federal Assistance listed above. However, as the LIHTC and HOME programs have requirements prohibiting discrimination against Housing Choice Voucher holders (IRC §42(h)(6)(B)(iv) & 24 CFR § 92.253(d)(4)), these properties are very likely to have residents assisted by HCVs. These requirements will be applied by the PHA to units assisted by HCVs. However, since they do not have all the resources available to Federally Assisted projects (as listed in How Do We Pay for This? Section), owner/agents will have to find ways to fund compliance with the law for units occupied by voucher holders.

A Word of Caution

The Notice provides a reminder that CO alarms or detectors are important measures, but are not a replacement for the proper installation, use, and maintenance of fuel-burning appliances or for well-ventilated garages. PHAs and owner/agents should ensure that combustion equipment is maintained and properly adjusted.

How do We Pay for This?

How the installation of CO detectors is funded depends on the HUD program involved.

PBRA. Section 8, Section 202, and/or Section 811 PBRA program may utilize the property’s reserve for replacement account, residual receipts, general operating reserves, owner contributions, or secondary financing to fund the purchase, installation, and maintenance of CO alarms and detectors. These expenditures may be subject to a standard approval process where applicable, but the purchase, installation, and maintenance of CO alarms and detectors are deemed eligible expenses.

Public Housing. PHAs may use either Operating Funds or Capital Funds for purchase, installation, and maintenance of CO alarms or detectors. Based on the CO Act’s set-asides, the Capital Fund Program conducts competitions for additional funds for CO alarms or detectors.

HCV and PBV programs. The property owner or landlord is responsible for the cost of CO alarms or detectors. This includes LIHTC and HOME units with tenant- or project-based voucher assistance. PHAs may use their HCV administration funds for landlord outreach and education on these requirements.

What do we need to Know? A Little Basic Education

Information for PHAs/owner/agents

Examples of activities that can be taken to prevent CO intrusion:

• Ensure that gas appliances are properly adjusted.
• Install and properly maintain exhaust fans over gas stoves that are vented to outdoors and assure through periodic inspection that these are functional.
• Ensure that flues over fireplaces are operational and openable and closable by residents.
• Use appropriately sized wood stoves that are certified to meet EPA emission standards with tightly fitting doors. See the Helpful References section for details.
• Ensure that trained professionals perform annual inspections, clean, and tune up central heating systems’ furnaces, flues, chimneys.
• Ensure that leaks are repaired promptly.
• Provide regular resident CO education through policies and signage.
• Resident education and reminders, especially during seasonal increases in CO use or during periods of electric or heat outages.

Information for residents

• CO exposure can be prevented.
• Avoid portable generators indoors and only use generators outdoors in well-ventilated areas away from all doors, windows, and vents.
• A gas-burning stove or oven should not be used for heat.
• A fuel-burning space heater that is not vented to the outdoors should not be used.
• A car should not be left running in an enclosed garage.

HUD has promised further information and education for residents to promote healthy housing and prevent CO exposure. Planned materials include a highly graphic flyer using plain language tailored to federally assisted housing owners and residents. The flyer will be available for black-and-white printing or for color printing.

Helpful References

The Law requiring CO Detectors in Federally Assisted Housing.

The full 2018 IFC Code. The applicable federal standards cited in the law on the installation of CO alarms or detectors. Chapter 9 and Chapter 11 specifically address CO alarms or detectors.

HUD Notice H 2019-05. Identifies resources for the types of devices to install, ideal placement, maintenance, and monitoring; and is applicable to housing with fuel-fired/burning appliance(s) or an attached garage. Although prior to the federal law, the Notice is still applicable and informative.

EPA Guidance on Wood Stoves.

HUD’s Office of Lead Hazard Control and Healthy Homes (OLHCHH) website.

Carbon Monoxide Poisoning information CDC webpage.

Carbon Monoxide Fact Sheet from the Consumer Product Safety Commission (CPSC).

Protect Your Family and Yourself from Carbon Monoxide Poisoning EPA Information.

Federal Emergency Management Agency, US Fire Administration CO Information. 

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