[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:
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.
The head of the Fire Department, or his or her designee.
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.
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.
