Are carbon monoxide detectors required in apartment complexes in Akron?

Even though state law has mandated carbon monoxide detectors in most apartment complexes since 2019, there isn't a similar requirement on the books in the city of Akron.

However, the city is working on legislation to match or exceed the state code and plans to remind property owners about the requirement, Deputy Mayor for Public Safety Clarence Tucker said.

"We're working with our law department as we speak to put it into the rules for the city of Akron where it's required to have carbon monoxide detector in any unit that has four apartment units or above," Tucker said. "Not just to comply with the state code, but to go over and above what the state code requires."

Under the state regulations, almost all Ohio apartment complexes must have carbon monoxide detectors, including Akron’s Timber Top where a build up of the colorless, odorless gas killed a woman and sickened others last week.

The only exception are the few Ohio complexes that depend entirely on electricity, the state Fire Marshal’s Office said this week. And even all-electric units must install the detectors if there are finished rooms above garages where vehicle exhaust produces carbon monoxide.

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The code does not require the state fire marshal to inspect apartment complexes for carbon monoxide detectors, said Andy Ellinger, a spokesman for the fire marshal. Sometimes the office only learns of issues after an incident, as with Timber Top.

He said tenants who believe their unit should have a detector should contact their landlord first, then their local fire deparment.

Tucker said the city will enforce the state law when it sees CO detectors are required, but it can only inspect apartment complex common areas, such as hallways and community rooms inside buildings.

If tenants believe their unit should have a CO detector, Tucker said they can contact the city and give inspectors permission to look into their unit and make a determination.

"If they invite us in, we can enforce the code," Tucker said. "Keep in mind, everybody has limited resources. As quickly as we can and as thoroughly as we can we want to make it so that all citizens are safe in their homes."

He noted such inspections are dependent on the department's workload and other responsibilities, but the goal is to eventually ensure CO detectors are installed in all residences. He said the city is also looking for funding to provide for purchase and installation of CO detectors for low-income residents, as it has done in the past.

"We want to cover the entire city, private homes as well. For apartment buildings, we want to make the actual managers or owners do it," he said. "For private residences that potentially can't afford it, we're trying to see if we can provide carbon monoxide detectors for them if they just call and ask us to come out − with a phone call we can come out and put them in for you. We're working on that right now, We're working on it diligently, but we don't have anything yet."

The city will work to bring apartment owners into compliance after local legislation is in place.

"First we're trying to put together the legislation ... and then we're going to get that through City Council. Once we get done with that, then we'll send out letters."

Community enforcement for CO detectors differs

In some towns, there appears to be confusion over differences between state fire code and municipal fire ordinances, which can be less strict or have different standards.

Ralph McGreevy, executive vice president of the Northern Ohio Apartment Association, said he’s tangled with a suburban fire chief over what complexes may and may not have.

In one case, McGreevy took a letter from from the state fire marshal to a Northeast Ohio municipality’s fire chief, explaining that combination smoke/carbon monoxide detectors were permissible.

“The fire chief balled it up and put it in the garbage can,” said McGreevy, whose organization represents about 200,000 doors to complexes stretching from Lake Erie to Mansfield.

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Because the fire chief worked in a town with home rule, he didn’t believe he had to comply, McGreevy said.

But the state fire marshal’s office disagrees.

“The 2017 Ohio Fire Code is a minimum standard for the entire state of Ohio,” Ellinger said. “Locals can adopt more restrictive rules, references and ordinances, but they cannot be less restrictive…And this code does require CO detectors in all apartment complexes.”

New state code in 2019 requires carbon monoxide detectors in more apartments

McGreevy said there was a change to the state code in 2019 that required the carbon monoxide detectors in many more apartments.

New apartment complexes must have wired detectors. Existing complexes may have battery operated, according to an Ohio fire marshal handout.

McGreevy said many apartment owners in his group already thought it was a requirement by 2019. Now, all members of this organization comply, McGreevy said, adding that AIY Properties – which owns Timber Top – is not a member of his group.

“Anyone who is proposing that people don’t have to (install carbon monoxide detectors) is putting themselves at risk,” with liability, he said.

Years ago, McGreevy said his younger brother and roommates passed out in Ohio University off-campus housing  because of carbon monoxide.

If another roommate hadn’t come home, noticed something was wrong and called for help, they may not have survived. Ohio's updated fire code would have also mandated a carbon monoxide detector in his brother's apartment, McGreevy said.

“If you’re in the housing business, you should provide safe, decent and affordable housing that includes both smoke detectors and carbon monoxide detectors,” he said.

When shopping for an apartment, McGreevy said, look for both before signing a lease.

If the apartment building doesn’t have those things, he said it could portend a bad relationship between the building's owners or managers and their tenants.

“Housing is a relationship,” he said . “You have to take care of people.”

This article originally appeared on Akron Beacon Journal: Do landlords have to supply carbon monoxide detectors in Ohio?