CARBON MONOXIDE COMMENTS: Rule 9B-3.0472

August 20, 2007

509.211 Safety regulations.-- (5) Every enclosed space or room that contains a boiler regulated under chapter 554 which is fired by the direct application of energy from the combustion of fuels and that is located in any portion of a public lodging establishment that also contains sleeping rooms shall be equipped with one or more carbon monoxide sensor devices that bear the label of a nationally recognized testing laboratory and have been tested and listed as complying with the most recent Underwriters Laboratories, Inc., Standard 2034, or its equivalent, unless it is determined that carbon monoxide hazards have otherwise been adequately mitigated as determined by the division. Such devices shall be integrated with the public lodging establishment's fire detection system. Any such installation or determination shall be made in accordance with rules adopted by the division. Section 2. Section 553.885, Florida Statutes, is created to read: 553.885 Carbon monoxide alarm required.-- (1) Every building for which a building permit is issued for new construction on or after July 1, 2008, and having a fossil-fuel-burning heater or appliance, a fireplace, or an attached garage shall have an approved operational carbon monoxide alarm installed within 10 feet of each room used for sleeping purposes. (2) The Florida Building Commission shall adopt rules to administer this section and shall incorporate such 19 requirements into its next revision of the Florida Building Code. (3) As used in this section, the term: (a) "Carbon monoxide alarm" means a device that is meant for the purpose of detecting carbon monoxide, that produces a distinct audible alarm, and that meets the requirements of and is approved by the Florida Building Commission. (b) "Fossil fuel" means coal, kerosene, oil, fuel gases, or other petroleum or hydrocarbon product that emits carbon monoxide as a by-product of combustion.		THE FULL TEXT OF THE PROPOSED RULE IS: 9B-3.0472 Carbon Monoxide Protection. (1) Definitions: For purposes of this rule, the following definitions shall apply: (a) CARBON MONOXIDE ALARM. A device for the purpose of detecting carbon monoxide, that produces a distinct audible alarm, and is listed or labeled with the appropriate standard, either ANSI/UL 2034 - 96, Standard for Single and Multiple Station CO Alarms, or UL 2075 - 04, Gas and Vapor Detector Sensor, in accordance with its application. (b) FOSSIL FUEL. Coal, kerosene, oil, fuel gases, or other petroleum or hydrocarbon product that emits carbon monoxide as a by-product of combustion. (2) Every building for which a permit for new construction is issued on or after 7/1/08 and having a fossil-fuel-burning heater or appliance, a fireplace, or an attached garage shall have an operational carbon monoxide alarm installed within 10 feet of each room used for sleeping purposes. (3) In new construction, alarms shall receive their primary power from the building wiring when such wiring is served from the local power utility. Such alarms shall have battery back up. (4) Combination smoke/carbon monoxide alarms shall be listed or labeled by a Nationally Recognized Testing Laboratory. Specific Authority 553.885(2) FS. Law Implemented 553.72, 553.73(2), (3), (7), (9), 553.885(2) FS. History – New _______________.
PUBLIC COMMENTS
Commentator	Summary of Comment		Staff Recommendation	Commission Action
Ronnie Spooner City of Tallahassee	The proposed rule may be interpreted to go farther than the legislation intended. The legislation clearly states that the requirement of 553.885 extend only to new construction. If the intent of the code is to require renovated existing buildings to meet the requirements, striking “In new construction” from (3) could resolve the problem. If CO detectors are to be required in renovated existing buildings, there needs to be a trigger and the requirements need to be placed in The FBC-Existing Building.
Ray Burroughs Leon County	The language in the Rule should be very very close to the language in SB 1822. The proposed language is far more restrictive than the legislative mandate and thus is ripe for a challenge of going beyond the scope of statutory direction to the FBC.
Jay Sutton Florida City Gas	The proposed rule should be amended to include ALL new construction in the requirement for CO detectors. Efforts by Florida to provide protection for consumers with fuel-fired appliances, attached garages and fire places go far to reduce risk of CO poisoning, but they fall short of complete protection from all possible CO sources. Not included is protection against use of charcoal grills, fuel-burning camping heater, camping stoves, kerosene heaters and gas generators inside homes, as well as contractors and service providers using equipment nearby. A gas or diesel powered tool such as a pressure washer or generator used outside a window, door or ventilation opening can fill a home with deadly CO in minutes. Let’s not wait for another tragic accident.
COMMENTS Made to the TACs
Wendell Peters, AGO Resources	Right direction. Stops short of broad coverage. Camp stoves, kerosene heaters, pressure washers, generators. Support Sutton’s comments.			Rule protects new fireplaces but not improperly maintained existing fuel fired appliances. Portable generators can send CO poisoning into the home. Fails to address housing, lodging of old hotel requirements in the legislation
Eric Prutsman, Attny representing Alarm Assoc of FL	No mention of installation standards; should reference NFPA 720.
TAC comments	The code should cover wood stoves and other buildings beyond those covered by the law.
				Robert Trumbower, rule eliminates requirement on new construction only.
				Dave, Walt Disney World, integration is wide open concept. Define integration.