Colorado Apartment Association

HISTORY: The 2009 General Assembly began Wednesday, January 7th and our industry faced a politically charged piece of legislation concerning carbon monoxide detector requirements. The bill required that detectors be placed in every dwelling unit (single residential and multi-family housing).   The bill was dubbed the “Lofgren and Johnson Memorial bill.” (The Lofgren family of four lost their lives in an Aspen home due to elevated carbon monoxide levels in the house).  Shortly thereafter, recent deaths occurred in Colorado Springs in an apartment and then weeks later, a University of Denver student living in an off-campus apartment also was found dead due to carbon monoxide poisoning.

The sponsors of the legislation, Rep. John Soper (D) - Thornton and Senator Chris Romer (D) - Denver presented their bill at a press conference in early January.  Friends and family members of the deceased stood behind the bill and testified on its behalf. 

Your government affairs team worked diligently through the legislative process to hone the language of the bill to produce legislation that would be fair to property management and landlords.

HB1091 was signed into law March 24, 2009. This new state law requires rental properties (single or multifamily dwellings) that use fuel-fired heaters or appliances or fireplaces or attached garage to be equipped with a CO detector.  Below is an overview:

Who needs to comply?

This new state law requires rental properties (single or multifamily dwellings) that use fuel-fired heaters or appliances or fireplaces or attached garage to be equipped with a CO detector. Carbon monoxide is produced by the incomplete burn of a fossil fuel.

By what date do I need to comply?

The law states that an existing dwelling unit that is used for rental purposes that has a change in tenant occupancy on or after July 1, 2009 will be subject to the requirements of this law. This means that when a tenant begins a new lease in a unit; OR if an existing tenant renews their lease, the CO detector will need to be installed before move in or at the time of the lease renewal. If you have units that are currently occupied, you are not required to install CO alarms in that unit until a new tenant signs a lease and moves into the unit. The law also requires that a landlord provide any batteries necessary to make the CO alarm operational at the time a tenant moves into a unit. 

Do I need to replace the detector when a tenant moves out?

When a tenant moves out the law requires that any carbon monoxide detectors that were stolen, removed, missing, or inoperable should be replaced before the new tenant moves into the unit.

What kind of detector does the law require?

Carbon monoxide detectors must produce an audible alarm and be listed by a nationally recognized certified laboratory.  They must also be either battery powered, plug into an electrical outlet with battery back up, be wired into a dwelling’s electrical system with battery back up, or connected to an electrical system via an electrical panel.

Can the CO detector be combined with a smoke detector?

Yes.  The CO detector may be combined with a smoke detector as long as the audible signal clearly differentiates between the two hazards.

What are the requirements of installation?

The CO detector must be installed directly into the unit’s electrical system or directly plugged into an electrical outlet without a switch other than the circuit breaker OR if the alarm is battery back-up, attached to the wall or ceiling of the unit in accordance to the National Fire Association’s (NFPA) Standard 720 which is available from the NFPA or any successor standard.

How many carbon monoxide detectors need to be installed in each dwelling unit?

The law requires that a CO detector be installed within 15 feet of each sleeping room in a dwelling unit (or in a location as specified in any building code adopted by the state or any local government entity).

In addition, as long as there is a centralized alarm system or other mechanism for a responsible person to hear the alarm at all times (and able to alert tenants), a carbon monoxide alarm can be installed within twenty-five feet of any fuel-fired heater, or appliance, boiler, fireplace, or garage in addition to placement of detectors within the required 15 feet of each sleeping room.  It is recommended that CO detectors are installed in the units even if the boiler is not attached to a unit. The law states that if there is anything operated by gas (fossil fuel burning) that detectors are needed. The law does not specify the distance from detector to boiler and therefore installing detectors in each unit as specified above will insure compliance.

If I do not have fuel burning appliances or an attached garage do I still need CO detectors?

While many of our members do not have fuel burning appliances or an attached garage, it is the recommendation of the CAA that you adhere to the policies set forth in HB1091.

What kind of maintenance does the act require?

The landlord is responsible for the maintenance of a detector when they are notified in writing by a tenant that the batteries need to be replaced in the detector, or the detector was stolen, removed, found missing, or found not operational.

It may be prudent to inform your tenants of their responsibilities in communicating with the landlord should a problem occur with their detector. In addition, the law states that it is illegal to remove the batteries from the detector unless you are changing the batteries, inspecting or maintaining the alarm.

Your CAA government affairs team worked diligently through the legislative process to insure the language of the bill would be fair to property management and landlords. If you have any questions regarding the “Lofgren and Johnson Families Carbon Monoxide Safety Act” please contact Meghan Storrie (mstorrie@caahq.org) or Nancy Burke (nancy@aamdhq.org).

Rent Control- HB1138 (Rent control sponsored by Rep. Curry and Sen. Schwartz) was killed in Committee last week. The bill was heard on Tuesday in the Local Government Committee of the House.  The Colorado Apartment Association took the lead on this bill as the bill’s focus was aimed on our industry. CAA worked in unison with our housing coalition which includes the homebuilders, mobile home parks, the modular home manufacturers and the realtors to defeat this bill. Thank you to the following members for their testimony in committee: 

Drew Hamrick, ColdironHamrick
Lauren Brockman, Allied Realty
Stephanie Avery, Round Hill Pacific
Dr. Gordon Von Stroh, University of Denver

Carbon Monoxide Detectors- HB 1091 (Soper&Court/Romer) was passed in the House on second reading and will likely pass on third reading and head to the Senate. The bill mandates carbon monoxide detectors in multifamily and single family homes. Apartment Association staff worked hard with the bill sponsors to make the bill better for the industry including adding important immunity language that will protect landlords should a detector become faulty.

Impact Fees- (Hillinghorst/None) This bill would authorize local governments to impose an impact fee or other similar development charge to finance capital facilities (schools, ball courts etc) to address the impacts from new development.  This bill expands the term “capital facility” to include any improvement or facility that is reasonably related to any service of a school district or special district.  

Governor gave his annual “State of the State” address today and described Colorado’s outlook as “tough.” In his speech, Ritter described significant initiatives to fix Colorado’s roads and expand healthcare, but also spoke that the state will have to make difficult choices in cutting some of the its services due to a significant budget deficit.

Click here for the full text of Governor Ritter’s ”State of the State” address. 

The 2009 Legislative Session officially convened today at 10am. A somber mood surrounded the Capitol, however, as lawmakers have to grapple with a budget shortfall that could reach $600 million. The issues of repairing Colorado’s roads, improving the state’s healthcare, energy, and education will remain hot topics through the next 120 days.

Today was also a historic day in the Colorado Legislature with Representative Terrance Carroll (D-Denver) assuming the role as the first black man to become Speaker of the House. Representative Carroll is hopeful that the state can pass legislation to fix Colorado’s roads and expand health coverage even with the looming budget issues. “I’m a firm believer that when you have great challenges, you also have great opportunities, he said.”

The four anti-business initiatives, 53, 55, 56, and 57 have officially been withdrawn, meer hours before the 5 pm cut off. This action stems from a deal struck in which both business and labor have agreed to join together and campaign against Amendment 47 which is “Right to Work”, and Amendments 49 and 54. At this time CAA will not be submitting a check to Coloradans for Responsible Reform. In addition, the Association is closely monitoring the new agreement for any developments that may occur.

Thank you to the all the members that helped contribute to the Apartment Association’s pledge of $100,000 to defeat the anti-business initiatives. Please contact Nancy Burke nancy@aamdhq.org or Meghan Storrie mstorrie@caahq.org with any questions.

According to the Rocky Mountain News, Colorado Labor Unions may pull the four anti-business amendments off the ballot. The details of the agreement will be announced at a press conference at 11:00am.

At this time it appears the agreement would allow unions to spend the remaining of their campaign resources fighting three ballot measures that would weaken labor activity in the state. It is still unknown how business leaders will coordinate their efforts with labor.

The measures are not yet formally withdrawn from the Secretary of State’s Office. The Colorado Apartment Association is carefully tracking the issue and will let you know of future developments.

Amendment 53: Expanded Business Liability
This is a statutory amendment that would expand criminal liabilities for all business and non profit executives and managers.

What this proposal means for Colorado Businesses:
The adoption of this amendment would mean additional lawsuits that could cripple Colorado businesses and force the prices of goods and services up in order to recoup the additional expense. In addition, fear of prosecution may make community leaders reluctant to serve on non-profit boards.

Amendment 55: Just Cause for Discharge or Suspension
A Constitutional Amendment that would restrict the reasons that employers may fire or suspend their employees. It also provides new legal remedies for employees who are discharged.

What this means for Colorado Businesses:
This amendment would impede on our business’s ability to staff according to their needs and may lead to significant budget expenses to deal with additional legal consequences.

Amendment 56: Mandatory Health Care Insurance
This is a constitutional mandate that all businesses with twenty or more employees must provide full major medical health care benefits to every full and part-time employee and their dependents. Employers shall not require employees to pay more than 20% of the premium cost of such coverage for themselves or 30% for their dependents. The measure does not provide any financial resources for the increased costs.

 What this means for Colorado Businesses:
This is a poorly devised, unfunded mandate that is bad for business and bad for our state. Business leaders predict that it would increase unemployment and lower wages because of the financial burden placed on employers.

Amendment 57: Workplace Safety Regulations
This amendment places statutory regulations on workplace safety standards that expose businesses to unlimited damages. It is unnecessary because federal and state safety standards already exist to ensure safe working conditions for employees. If adopted, it would also allow injured employees-who are already entitled to damages-to double-dip and file a lawsuit for unlimited damages in district court in addition to collecting all of the benefits from the Workers Compensation Act no-fault system of liability.

What this means for Colorado Businesses:
Amendment 57 does not define safe, healthy, or workplace; therefore employers cannot know how to comply with the law, exposing them to additional liability, increased legal fees and significant litigation.  By allowing more lawsuits, this proposal will increase the cost of doing business in Colorado.

The Labor Unions have put in over $5 million to adopt these bad amendments and we need your help to defeat them. With the help of NAA, the Apartment Association is joining the fight against 53, 55, 56, and 57 by pledging to contribute $100,000

If you would like to make a contribution to defeat the labor initiatives you can contact Nancy Burke at the Apartment Association at 303.329.3300 ext 19.

The Colorado Apartment Association is happy to welcome the new Vice President of Governement Affairs, Nancy J. Burke. She comes to the Apartment Association with years of experience and we are excited to have her on board.

Amendment 48 - Definition of a Person.  This constitutional amendment would define any human being from the moment of fertilization as a “person.”

Referendum L - Qualifications for Serving in the State Legislature.  This constitutional amendment would lower the minimum age for serving in the state legislature from 25 to 21.

Referendum M - Obsolete Constitutional Provision Relating to Land Value Increases.  This constitutional amendment would repeal section 7 of article XVIII of the state constitution concerning outdated, obsolete provisions regarding land value increase.  The section to be repealed is: Land value increase - arboreal planting exempt. The general assembly may provide that the increase in the value of private lands caused by the planting of hedges, orchards and forests thereon, shall not, for a limited time to be fixed by law, be taken into account in assessing such lands for taxation.

Referendum N - Obsolete Constitutional Provisions Relating to Liquor.  This constitutional amendment would repeal section 5 of article XVIII and article XXII of the state constitution, concerning the elimination of outdated obsolete provisions of the state constitution.  The section to be repealed is: Section 5. Spurious and drugged liquors - laws concerning. The general assembly shall prohibit by law the importation into this state, for the purpose of sale, of any spurious, poisonous or drugged spirituous liquors, or spirituous liquors adulterated with any poisonous or deleterious substance, mixture, or compound; and shall prohibit the compounding or manufacture within this state, except for chemical or mechanical purposes, of any of said liquors, whether they be denominated spirituous, vinous, malt or otherwise; and shall also prohibit the sale of any such liquors to be used as a beverage, and any violation of either of said prohibitions shall be punished by fine and imprisonment. The general assembly shall provide by law for the condemnation and destruction of all spurious, poisonous or drugged liquors herein prohibited.

Referendum O - Changes to Initiative Process.  This constitutional amendment would change the number of signatures for a statutory initiative from five percent of the votes cast in the last election for Secretary of State to four percent of the votes cast in the last election for Governor.  For a constitutional amendment, six percent of the votes cast would be required.  Additionally, for a constitutional amendment, the minimum number of signatures by registered electors who reside in each congressional district shall be an amount equal to eight percent of the minimum number of the total signatures required for such petition.  The General Assembly would not be allowed to amend, repeal or supersede any law enacted by an initiative for a period of five years after the law becomes effective unless approved by a vote of two-thirds of all the members elected to each chamber.

Severance Tax Initiative

The Governor’s proposal to increase severance taxes has drawn the ire of many across the state.  Currently, oil and gas severance taxes paid to local communities receive a tax credit, which the initiative would take away, generating more than $200 million a year.  The bulk of the revenue would go to college scholarships for Colorado students.  However, significant concerns have been raised throughout the business and higher education communities.  Colorado’s higher ed institutions are in desperate need of funding for construction and operating costs, and while well-intentioned, the scholarships would do nothing to address those needs.   In fact, the revenue would not address any of the states top funding needs, including transportation and health care, as well as higher ed operations.  Chambers of commerce and business leaders across the state are rallying against the measure, which is sure to spur a heated battle.  The initiative is expected to make it to the 2008 ballot.

Labor Initiatives

Several initiatives that were introduced as counter-measures to the Right-to-Work initiative are making their way through the process and appear primed to make it on the ballot.  While backers would likely only select a couple to campaign for, it looks like any of them could be options. 

These include:

• A mandatory annual cost-of-living wage increase for all employees, regardless of the financial health of the business or employee.
• A mandate for all employees to receive full health care benefits.
• The right of any citizen to sue any business manager for criminal and civil liability, including compensatory and punitive damages.
• A mandate prohibiting the firing of any employee without a formal, documented rationale.
• Increased property taxes on business.
• strict new regulations on workplace safety standards.

Governor Ritter signed HB-1356 Concerning Landlord and Tenant Relations into law on June 2nd. Contact CAA or your local association to find out about getting educated on Landlord Tenant.

click here for the final version of the bill.