HUD PIH Notice § 2022-01

                          U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
                                         WASHINGTON, DC 20410


OFFICE OF PUBLIC AND INDIAN HOUSING
OFFICE OF HOUSING
OFFICE OF LEAD HAZARD CONTROL
 AND HEALTHY HOMES




 SPECIAL ATTENTION OF:                             NOTICE PIH 2022-01
 Regional Administrators; Directors of HUD         NOTICE H 2022-01
 Regional, Hub, and Field Offices of Public        NOTICE OLHCHH 2022-01
 Housing; Multifamily Regional
 Center/Satellite Office Directors; Public         Issued: January 31, 2022
 Housing Agencies; Housing Choice Voucher,         This notice remains in effect until amended,
 Project-based Voucher, Project-Based Rental       superseded, rescinded.
 Assistance, Section 202, and Section 811
 Property Owners; Healthy Homes                    Cross References:
 Representatives                                   NOTICE PIH 2019-06
                                                   NOTICE H 2019-05
                                                   NOTICE OLHCHH 2019-01
                                                   Section 3(b)(6) of the United States Housing
                                                   Act of 1937 (42 U.S.C. 1437a(b)(6),
                                                   42 U.S.C. 1437 et. seq.)



Subject: Carbon Monoxide Alarms or Detectors in U.S. Housing and Urban Development
(HUD)-Assisted Housing

I.      Purpose
Public housing agencies and authorities (PHAs), and Owners of properties that receive federal
rental assistance have an important role to prevent potential loss of life and severe injury
associated with carbon monoxide (CO) in housing they own or manage. This notice reminds
PHAs and Owners of CO poisoning risks in housing, identifies resources for preventing and
detecting CO exposure, and provides notice of Section 101, “Carbon Monoxide Alarms or
Detectors in Federally Insured Housing” of Title I of Division Q, Financial Services Provisions
and Intellectual Property, of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260,
134 Stat. 2162 (2020) (“the Act”), that requires CO alarms or detectors be installed in certain
HUD-assisted housing within two years of enactment.

This notice clarifies that HUD will enforce the requirements instituted by Congress requiring that
all Public Housing (PH), Housing Choice Voucher (HCV), Project Based Voucher (PBV),
Project Based Rental Assistance (PBRA), Section 202 Supportive Housing for the Elderly
(Section 202), and Section 811 Supportive Housing for Persons with Disabilities (Section 811)
comply with the International Fire Code (IFC) 2018 standards on the installation of CO alarms or
detectors by December 27, 2022. For the full 2018 IFC Code, as well as Chapter 9 and Chapter
11 regarding CO alarms or detectors, please visit https://codes.iccsafe.org/content/IFC2018;
https://codes.iccsafe.org/content/IFC2018/chapter-9-fire-protection-and-life-safety-systems;
https://codes.iccsafe.org/content/IFC2018/chapter-11-construction-requirements-for-existing-
buildings.

PIH Notice 2019-061, HN 2019-05, and Office of Lead Hazard Control and Healthy Homes
(OLHCHH) Notice 2019-01 reminded Owners and operators of PH, PBRA, HCV, PBV, and
Section 2022/8113 properties to have operational CO detectors, where specified, as required by
the state or local law, code, or other regulation.

Additionally, this notice identifies resources for the types of devices to install, ideal placement,
maintenance, and monitoring; and is applicable to housing with fuel-fired/burning appliance(s)
or an attached garage.

This notice remains in effect until amended, superseded, or rescinded.

II.     Definitions

Carbon Monoxide Alarm: A single or multiple station alarm intended to detect carbon
monoxide gas and alert occupants by a distinct audible signal. It incorporates a sensor, control
components and an alarm notification appliance in a single unit.

Carbon Monoxide Detector: A device with an integral sensor to detect carbon monoxide gas
and transmit an alarm signal to a connected alarm control unit.

III.    Background

The Act requires the installation of CO alarms or detectors in certain Federally Assisted Housing
by December 27, 2022.4 The Act CO alarms or detectors be installed in each dwelling unit(s)
receiving tenant-based or requires project-based assistance or is owned or operated by a PHA or
by the owner of a dwelling unit receiving project-based assistance in a manner that meets or
exceeds the standards described in Chapters 9 and 11 of the 2018 publication of the International
Fire Code (IFC), as published by the International Code Council (ICC).5

This notice is being issued to provide notice that the Secretary of Housing and Urban
Development will, consistent with the Act, enforce standards relating to CO alarms and detectors
and in support of decent, safe, and habitable housing in HUD’s low-income housing assistance
programs.

HUD recognizes CO poisoning as an important safety issue for families in assisted housing.
According to the National Center for Environmental Health, “each year more than 400
Americans die from unintentional CO poisoning not linked to fires, more than 20,000 visit the
1
  https://www.hud.gov/sites/dfiles/PIH/documents/PIH-2019-06.pdf.
2
  https://www.hud.gov/program_offices/housing/mfh/progdesc/eld202.
3
  https://www.hud.gov/program_offices/housing/mfh/grants/section811ptl.
4
  https://www.congress.gov/116/bills/hr133/BILLS-116hr133enr.pdf#page=981.
5
  The Act’s requirements also apply to several other Federally Assisted Housing programs administered by other
HUD components; those requirements will be addressed separately.


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emergency room, and more than 4,000 are hospitalized.”6

CO is an odorless, colorless, and toxic gas. It is impossible to see, and is a tasteless gas
produced by incomplete combustion of fuel burned in vehicles, small engines, stoves, lanterns,
grills, fireplaces, gas ranges, or furnaces. It can build-up indoors and poison people and
animals who breathe the toxic fumes. The effects of CO exposure can vary from person to
person depending on age, overall health, and the concentration and length of exposure.
Exposure can cause harmful health conditions, permanent brain damage, life-threatening
cardiac complications, fetal death or miscarriage, and death in a matter of minutes. Individuals
who are asleep or intoxicated may die from CO poisoning before experiencing any symptoms.7

IV.     Requirement to Install Detectors and Alarms

The ICC publishes the IFC and periodically updates it. Among other standards, the IFC
establishes minimum requirements for CO alarms or detectors in jurisdictions which adopt the
IFC into its codes or laws, except for properties where the International Residential Code (IRC)
applies. In its administration section, the 2018 IFC notes the model code provisions do not apply
to properties covered under the 2018 IRC (Single Family Housing, Duplexes & Townhomes)
with some limited exceptions8.

HUD encourages PHAs and Owners to adopt standards at or above the standards of the 2018
International Fire Code (IFC) as soon as possible for the health and safety of residents. PHAs
and Owners are on notice that these requirements will be enforced by HUD after the effective
date of December 27, 2022.

V.      Preventing CO Intrusion and Funding Resources

This Notice provides HUD’s intent to identify building-related sources of CO for PHA and
Owner awareness and education for residents or tenants. The material in this and the next
section summarizes guidance provided by the U.S. Environmental Protection Agency (EPA), the
Centers for Disease Control and Prevention (CDC), the Consumer Product Safety Commission
(CPSC), the Federal Emergency Management Agency, and the U.S. Fire Administration. CO
alarms or detectors are not a replacement for the proper installation, use, and maintenance of
fuel-burning appliances or for well-ventilated garages. PHAs, Owners (e.g., landlords), and
managers should ensure that combustion equipment is maintained and properly adjusted.
Vehicle use should be carefully managed adjacent to buildings and in vocational programs
through signage or policy updates. Where feasible, Owners and managers can provide additional
ventilation as a temporary measure when high levels of CO are expected for short periods of
time.9



6
  CDC. Carbon Monoxide FAQs https://www.cdc.gov/co/faqs.htm, July 1, 2021.
7
  Ibid.
8
  2018 IFC: 102.5 Application of residential code. Chapter 1 Scope and Administration, 2018 International Fire
Code (IFC) | ICC Digital Codes (iccsafe.org)
9
  EPA. Carbon Monoxide's Impact on Indoor Air Quality. https://www.epa.gov/indoor-air-quality-iaq/carbon-
monoxides-impact-indoor-air-quality.


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Examples of activities to prevent CO intrusion include:

          Ensure gas appliances are properly adjusted.
          Install, properly maintain, and assure through periodic inspection that exhaust fans are
           functional and vented to outdoors over gas stoves.
          Ensure that flues over fireplaces are operational and capable of opening and closing by
           residents.
          Use appropriately sized wood stoves certified to meet EPA emission standards with
           tightly fitting doors.10
          Perform annual inspections, clean, and tune-up central heating systems (furnaces, flues,
           chimneys) and ensure that these activities are conducted by a trained professional.
          Ensure leaks are repaired promptly.
          Provide regular resident CO education through policies or signage.

Sources of CO that can be found in a housing environment, as described in the EPA’s webpage
Carbon Monoxide’s Impact on Indoor Air Quality, include:11

          Unvented kerosene and gas space heaters.
          Leaking chimneys and furnaces.
          Back-drafting from furnaces, gas water heaters, wood stoves, and fireplaces.
          Gas stoves.
          Generators and other gasoline powered equipment.
          Automobile exhaust from attached garages.
          Auto, truck, or bus exhaust from attached garages, nearby roads, or parking areas.
          Incomplete oxidation during combustion in gas ranges and unvented gas or kerosene
           heaters.
          Worn or poorly adjusted and maintained combustion devices (e.g., boilers, furnaces) if
           the flue is improperly sized, blocked, or disconnected; or the flue is leaking.

Rental property owners, managers, and residents all play an important role in preventing CO
intrusion and responding quickly when it occurs and where sources of CO exist. Common
exposures occur when residents introduce a CO source or result from building related sources,
such as an inadequately exhausted vent or a faulty boiler. Other CO exposures occur during a
natural disaster or utility interruption. Residents should avoid the use of portable generators,
fired grills, vehicles, or fuel-burning space heaters as a heat or fuel-burning electric sources
indoors. Therefore, resident education is strongly encouraged particularly during seasonal
increases in CO use or during periods of electric or heat outages. PHAs and Owners should
inform residents that CO exposure can be prevented. Examples to avoid unintentional CO
poisoning include:

          Avoiding portable generators indoors and only using generators outdoors in well-
           ventilated areas away from all doors, windows, and vents.

10
     EPA. EPA Certified Wood Stoves. https://www.epa.gov/burnwise/epa-certified-wood-stoves.
11
     EPA. Carbon Monoxide's Impact on Indoor Air Quality.


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         A gas-burning stove or oven should not be used for heat.
         A fuel-burning space heater that is not vented to the outdoors should not be used.
         A car should not be left running in an enclosed garage.

PHAs operating public housing units may use either Operating Funds or Capital Funds for
purchase, installation, and maintenance of CO alarms or detectors. Based on the Act’s set-
asides, the Capital Fund Program conducts competitions for additional funds for CO alarms or
detectors. For the HCV and PBV programs, the property owner or landlord is responsible for the
cost of CO alarms or detectors. PHAs may use their HCV administration funds for landlord
outreach and education on these requirements. Owners of properties receiving assistance
through the PBRA, Section 202, and/or Section 811 program may utilize the property’s reserve
for replacement account, residual receipts, general operating reserves, owner contributions, or
secondary financing to fund the purchase, installation, and maintenance of CO alarms and
detectors. These expenditures may be subject to a standard approval process where applicable,
but the purchase, installation, and maintenance of CO alarms and detectors are deemed eligible
expenses.

VI.       Resident Education

In the Act, Congress directed HUD to provide guidance to public housing agencies on how to
educate tenants on health hazards in the home, including CO poisoning, lead poisoning, asthma
induced by housing-related allergens, and other housing-related preventable outcomes, to help
advance primary prevention and prevent future deaths and other harms. This notice provides
initial information and guidance for PHAs, Owners, and managers. PIH will develop additional
materials for residents to promote healthy housing and prevent CO exposure. Planned materials
include a highly graphic flyer using plain language tailored to federally assisted housing Owners
and residents. The flyer will be available for black-and-white printing or for color printing.

HUD is developing CO materials for property management to support its educational activities.
Materials will be posted to HUD’s website. Program notices and supplemental documents will
inform Owners and managers of their responsibilities under the Act. Educational materials will
be available for download without cost.

VII. Resources for Additional Information

         HUD’s Office of Lead Hazard Control and Healthy Homes (OLHCHH).
          https://www.hud.gov/program_offices/healthy_homes/healthyhomes/carbonmonoxide.
         Centers for Disease Control and Prevention (CDC). Carbon Monoxide Poisoning
          information webpage located at https://www.cdc.gov/co/default.htm.
         Consumer Product Safety Commission (CPSC). Carbon Monoxide Fact Sheet.
          https://www.cpsc.gov/safety-education/safety-guides/carbon-monoxide/carbon-
          monoxide-fact-sheet.
         CPSC. Carbon Monoxide. https://www.cpsc.gov/Safety-Education/Safety-Education-
          Centers/Carbon-Monoxide-Information-Center.




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      Environmental Protection Agency (EPA). Protect Your Family and Yourself from Carbon
       Monoxide Poisoning at https://www.epa.gov/indoor-air-quality-iaq/protect-your-family-
       and-yourself-carbon-monoxide-poisoning.
      Federal Emergency Management Agency, US Fire Administration.
       https://www.usfa.fema.gov/prevention/outreach/carbon_monoxide.html.


Further Information: Questions concerning this notice regarding Public and Indian Housing
may be directed to Laura L. Miller-Pittman, Chief, Office of Policy, Program, and Legislative
Initiatives, at PIH-OPPLI@hud.gov.

Questions concerning this notice regarding Multifamily Housing programs may be to Daniel
Clark at Daniel.J.Clark@hud.gov.

Questions concerning technical issues regarding carbon monoxide alarms or detectors may be
directed to the Lead and Healthy Homes help desk, at Lead.Regulations@HUD.gov.




 Dominique Blom                  Lopa P. Kolluri                 Matthew Ammon
 General Deputy Assistant        Principal Deputy Assistant      Director, Office of Lead
   Secretary for Public and         Secretary for Housing -         Hazard Control and
   Indian Housing                   Federal Housing                 Healthy Homes
                                    Commissioner




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