Town of Fairhaven, MA
Bristol County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Special Town Meeting of the Town of Fairhaven 10-18-2005 by Art. 10. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 93.
The purpose of this chapter is to ensure the safety of the Town of Fairhaven residents from carbon monoxide poisoning.
For the purposes of this chapter, the following words shall have the meanings respectively ascribed to them:
APPROVED CARBON MONOXIDE DETECTOR
A device designed to detect the presence of carbon monoxide, and which complies with all applicable state and federal regulations, bears the label of a nationally recognized standard testing laboratory, and meets the revised standard of at least UL 2034 dated October 1, 1995 and subsequent revisions or its equivalent.
FIRE CHIEF
The head of the Fire Department, or his or her designee.
TOWN
Town of Fairhaven.
Upon the sale or transfer of any building or structure designed or occupied in whole or in part for residential purposes in the Town, the seller shall submit to an inspection by the Fire Chief for purposes of compliance with this chapter.
A. 
Any building or structure designed or occupied in whole or in part for residential purposes in the Town which utilizes a fossil fuel powered heating unit contained within the interior of the building or structure shall, upon the sale or other conveyance of an interest in title to such building or structure, be equipped with approved carbon monoxide detectors by the seller. Owner(s) of such building or structure shall install either an approved battery-powered carbon monoxide detector, an approved primary-powered carbon monoxide detector or a combination-powered carbon monoxide detector. The carbon monoxide detector shall be placed outside the sleeping area but not less than 15 feet from the heating unit. The carbon monoxide detector shall be installed per the manufacturer's specifications. The Fire Chief may require the installation of additional units if it is deemed necessary because of the nature or design of the structure.
B. 
The owner of a building or structure, which is subject to the provisions of this chapter, shall supply, install, test as per the manufacturer's specifications, and maintain required carbon monoxide detectors. The owner shall also supply all the necessary equipment required for the operation of carbon monoxide detectors.
C. 
It shall be unlawful for any person, in any way, to make inoperable a carbon monoxide detector required under this chapter, except in the normal procedure of maintenance, including the replacement of batteries.
A. 
The Fire Chief shall, upon inspecting carbon monoxide detectors required by this chapter, issue a stamp of endorsement affixed to the certificate of compliance (MGL c. 148, § 26F) required upon sale or transfer of all structures used in whole or in part for residential purposes. Only certificates of compliance with the carbon monoxide detector endorsement will be released to the property owner.
B. 
No additional fee will be charged for the inspection required by this chapter.
A. 
Whoever violates any provision of this chapter shall be punished by a fine of $100, for each day of such violation.
B. 
The Fairhaven Fire Chief and/or his or her designee shall be the enforcing persons of this chapter.
If any provision of this chapter is declared invalid or unenforceable, the other provisions shall continue in full force and effect.
This chapter shall become effective on January 1, 2006, or on such later date as may otherwise be provided by law, and shall apply thereafter to any building or structure designed or occupied in whole or in part for residential purposes in the Town which utilizes a fossil fuel powered heating unit contained within the interior of the building or structure, upon the sale or other conveyance of an interest in title to such building or structure on and after such effective date.