Cal. Civ. Code § 101.149

Carbon monoxide detectors.

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/15/2026WisconsinCO & Smoke Alarms

Operative Text

Cal. Civ. Code § 101.149
101.149 Carbon monoxide detectors.
(1) Definitions. In this section:
(ag) “Bed and breakfast establishment” has the meaning given in s. 97.01 (1g).
(am) “Carbon monoxide detector” means an electronic or battery-operated device or system that sounds an alarm when an unsafe level of carbon monoxide is in the air.
(as) “Fuel-burning appliance” means a device that burns fossil fuel or carbon-based fuel and that produces carbon monoxide as a combustion by-product.
(b) “Residential building” means a tourist rooming house, a bed and breakfast establishment, or any public building that is used for sleeping or lodging purposes. “Residential building” does not include a hospital or nursing home.
(c) “Sleeping area” has the meaning given in s. 101.145 (1) (b).
(cm) “Tourist rooming house” has the meaning given in s. 97.01 (15k).
(d) “Unit” means a part of a residential building that is occupied by one or more persons as a home, residence, or sleeping place.
(2) Installation requirements.
(ac) Carbon monoxide detectors required. Except as provided in sub. (5), the owner of a residential building shall provide carbon monoxide detectors at the locations specified in par. (ax) as required under pars. (ag) to (at).
(ag) Fuel-burning appliances. Carbon monoxide detectors shall be provided in units that contain a fuel-burning appliance.
(aL) Forced-air furnaces. Carbon monoxide detectors shall be provided in units served by a fuel-burning, forced-air furnace, except that carbon monoxide detectors are not required in a unit if a carbon monoxide detector is provided in the first room or area served by each main duct leaving the furnace and one of the following is satisfied:
1. The carbon monoxide alarm signals are automatically transmitted to all units served by the furnace and to a designated location at a facility staffed by trained personnel on a continuous basis where alarm and supervisory signals are monitored and facilities are provided for notification of the fire department.
2. In addition to the first room or area served by each main duct leaving the furnace, a carbon monoxide detector is installed in every 4th unit on the same floor as that first room or area.
(ap) Fuel-burning appliances outside of units. Carbon monoxide detectors shall be provided in units located in residential buildings that contain fuel-burning appliances, except as follows:
1. Carbon monoxide detectors are not required in units where there are no openings between the fuel-burning appliance and the unit through which carbon monoxide can get into the unit.
2. Carbon monoxide detectors are not required in units where a carbon monoxide detector is provided in one of the following locations:
a. Between the fuel-burning appliance and the unit.
b. On the ceiling of the room containing the fuel-burning appliance.
(at) Private garages. Carbon monoxide detectors shall be provided in units in buildings with attached private garages, except as follows:
1. Carbon monoxide detectors are not required where there are no openings between the private garage and the unit through which carbon monoxide can get into the unit.
2. Carbon monoxide detectors are not required in units located more than one story above or below the private garage.
3. Carbon monoxide detectors are not required where the private garage connects to the building through an open-ended corridor.
4. Where carbon monoxide detectors are provided between openings to the private garage and units, carbon monoxide detectors are not required in the units.
5. Carbon monoxide detectors are not required where the private garage has openings designed to provide natural ventilation, or is mechanically ventilated, in accordance with rules for natural and mechanical ventilation in public parking garages promulgated by the department.
(ax) Locations. If required under pars. (ag) to (at), carbon monoxide detectors shall be installed in the following locations:
1. ‘Units.’ In units, outside of each separate sleeping area in the immediate vicinity of the sleeping rooms.
2. ‘Sleeping rooms.’ In sleeping rooms, if a fuel-burning appliance is located within the sleeping room or its attached bathroom.
(d) Certification. Any carbon monoxide detector that bears an Underwriters Laboratories, Inc., listing mark or similar mark from an independent product safety certification organization satisfies the requirements of this subsection.
(e) Manufacturer directions and specifications. The owner shall install every carbon monoxide detector required by this subsection according to the directions and specifications of the manufacturer of the carbon monoxide detector.
(3) Maintenance requirements.
(a) The owner of a residential building shall reasonably maintain every carbon monoxide detector in the residential building in the manner specified in the instructions for the carbon monoxide detector.
(am) If any person certified under s. 101.12 (4) or 101.14 (4r) gives written notice to an owner of a residential building that a carbon monoxide detector in the residential building is not functional, the owner shall provide, within 5 days after receipt of that notice, any maintenance necessary to make that carbon monoxide detector functional.
(b) An occupant of a unit in a residential building may give the owner of the residential building written notice that a carbon monoxide detector in the residential building is not functional or has been removed by a person other than the occupant. The owner of the residential building shall repair or replace the nonfunctional or missing carbon monoxide detector within 5 days after receipt of the notice.
(c) The owner of a residential building is not liable for damages resulting from any of the following:
1. A false alarm from a carbon monoxide detector if the carbon monoxide detector was reasonably maintained by the owner of the residential building.
2. The failure of a carbon monoxide detector to operate properly if that failure was the result of tampering with, or removal or destruction of, the carbon monoxide detector by a person other than the owner or the result of a faulty detector that was reasonably maintained by the owner as required under par. (a).
(4) Tampering prohibited. No person may tamper with, remove, destroy, disconnect, or remove batteries from an installed carbon monoxide detector, except in the course of inspection, maintenance, or replacement of the detector.
(5) Exception. Subsections (2) and (3) do not apply to the owner of a residential building if all of the fuel-burning appliances in the residential building have sealed combustion units that are covered by the manufacturer’s warranty against defects.
(6) Rules. The department shall promulgate rules establishing a procedure under which the owner of a residential building may apply to the department for a waiver of the requirements under sub. (2).
(7) Inspection. To ensure compliance with subs. (2) and (3), the department or a person certified under s. 101.12 (4) or 101.14 (4r) may inspect the common area of residential buildings and may inspect a unit within such buildings at the request of the owner or occupant of the unit to be inspected.
(8) Penalties.
(a) If the department of safety and professional services or the department of agriculture, trade and consumer protection determines after an inspection of a building under this section or s. 97.625 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected.
(b) If a person is charged with more than one violation of sub. (2) or (3) arising out of an inspection of a building owned by that person, those violations shall be counted as a single violation for the purpose of determining the amount of a forfeiture under par. (a).
(c) Whoever violates sub. (4) is subject to the following penalties:
1. For a first offense, the person may be fined not more than $10,000 or imprisoned for not more than 9 months, or both.
2. For a 2nd or subsequent offense, the person is guilty of a Class I felony.
Source: Legislative text reproduced verbatim
Plain English

Wisconsin Stat. § 101.149 requires owners of residential buildings—including tourist rooming houses and bed and breakfast establishments—to install carbon monoxide detectors near sleeping areas whenever units contain fuel-burning appliances, are served by fuel-burning forced-air furnaces, or are connected to attached private garages. The statute also sets ongoing maintenance duties and a five-day window to repair or replace detectors after receiving written notice that one is nonfunctional. Tampering with, removing, or disabling an installed detector is separately prohibited and carries criminal penalties.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 15, 2026

Plain English — not legal advice.

For Property Managers

Under Wis. Stat. § 101.149, compliant residential building owners install certified carbon monoxide detectors outside sleeping areas in every unit that has a fuel-burning appliance, is served by a forced-air furnace, or adjoins an attached garage—subject to specific layout exceptions. Owners also keep detectors properly maintained per manufacturer instructions and respond to written malfunction notices within five days. Owners who fail to correct violations after a department order may face forfeitures of $50 per day, making prompt recordkeeping and routine detector checks standard practice.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Wis. Stat. § 101.149 gives occupants the right to provide written notice to their building owner when a carbon monoxide detector is missing or not working, triggering the owner's five-day obligation to repair or replace it. If an owner fails to meet installation or maintenance requirements after a department inspection, daily forfeitures can be assessed against them. Tenants who believe their building is out of compliance may contact the Wisconsin Department of Safety and Professional Services or a local tenant-rights organization to learn about available complaint and inspection processes.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 15, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Wis. Stat. § 97.01
Not yet ingested
Wis. Stat. § 101.12
Not yet ingested
Wis. Stat. § 97.625
Not yet ingested

References In

Rules and statutes that cite this regulation

Wis. Stat. § 100.20
Wis. Stat. § 101.91
Wis. Stat. § 710.15
Wis. Stat. § 710.15
Wis. Stat. ch. 704
Wis. Stat. § 710.15
Wis. Stat. ch. 704
Wis. Stat. § 710.15
Wis. Stat. ch. 704
Wis. Stat. § 704.17
Wis. Stat. § 100.20
Wis. Stat. § 704.01
Wis. Stat. § 799.44
Wis. Stat. ch. 704
Wis. Stat. ch. 704
Wis. Stat. § 106.50
Wis. Stat. § 106.50
Wis. Stat. § 106.50
Wis. Stat. § 106.50
Wis. Stat. § 106.50
Wis. Stat. § 106.50
Wis. Stat. § 704.29
Wis. Stat. § 704.085
Wis. Stat. § 799.45
Wis. Stat. § 704.29
Wis. Stat. § 66.0435
Wis. Stat. § 704.02
Wis. Stat. § 704.29
Wis. Stat. § 704.07
Wis. Stat. § 704.14
Wis. Stat. § 704.05
Wis. Stat. § 704.15
Wis. Stat. § 106.50
Wis. Stat. § 106.50
Wis. Stat. § 101.145
Wis. Stat. § 101.149
Wis. Stat. § 101.149
Wis. Stat. § 101.647
Wis. Stat. § 101.645
Wis. Stat. § 101.647
Wis. Stat. § 101.91
Wis. Stat. § 100.18
Wis. Stat. § 106.50
Wis. Stat. § 196.643
Wis. Stat. § 196.643
Wis. Stat. § 101.91
Wis. Stat. § 101.937
Wis. Stat. § 101.91
Wis. Stat. § 106.50
Wis. Stat. § 254.11
Wis. Stat. § 254.59
Wis. Stat. § 106.50
Wis. Stat. § 101.145
Wis. Stat. § 101.145
Wis. Stat. § 101.149
Wis. Stat. § 704.01
Wis. Stat. § 101.91
Wis. Stat. § 66.1011
Wis. Stat. § 106.50
Wis. Stat. § 101.132
Wis. Stat. § 66.1203
Wis. Stat. § 704.01
Wis. Stat. § 704.21
Wis. Stat. § 704.02
Wis. Stat. § 704.05
Wis. Stat. § 704.19
Wis. Stat. § 799.45
Wis. Stat. § 101.91
Wis. Stat. § 704.05
Wis. Stat. § 704.90
Wis. Stat. § 704.05
Wis. Stat. § 704.25
Wis. Stat. § 704.05
Wis. Stat. § 704.90
Wis. Stat. § 704.21
Wis. Stat. § 704.21
Wis. Stat. § 704.29
Wis. Stat. § 710.15
Wis. Stat. § 101.91
Wis. Stat. § 704.19
Wis. Stat. § 704.29
Wis. Stat. § 704.07
Wis. Stat. § 823.113
Wis. Stat. § 704.21
Wis. Stat. § 704.16
Wis. Stat. § 704.17
Wis. Stat. § 704.21
Wis. Stat. § 799.40
Wis. Stat. § 799.40
Wis. Stat. § 799.45
Wis. Stat. § 799.44
Wis. Stat. § 704.05
Wis. Stat. § 704.17
Wis. Stat. § 704.01
Wis. Stat. § 704.19
Wis. Stat. § 704.29
Wis. Stat. § 66.0435
Wis. Stat. § 799.45
Wis. Stat. § 704.27
Wis. Stat. § 704.19
Wis. Stat. § 704.21
Wis. Stat. § 704.02
Wis. Stat. § 704.29
Wis. Stat. § 704.07
Wis. Stat. § 704.14
Wis. Stat. § 704.07
Wis. Stat. § 704.28
Wis. Stat. § 100.20
Wis. Stat. § 66.0435
Wis. Stat. § 704.17
Wis. Stat. § 704.01
Wis. Stat. § 704.21
Wis. Stat. § 101.91
Wis. Stat. § 704.17
Wis. Stat. § 704.16
Wis. Stat. ch. 704
Wis. Stat. § 106.50
Wis. Stat. § 704.16
Wis. Stat. § 704.21
Wis. Stat. § 704.09

Related Rules

§ 26C
Certain public accommodations; automatic smoke or heat detectors
§ 26D
Definitions applicable to Secs. 26D to 26F
§ 26E
Residential buildings or structures; installation of smoke detectors

Source Information

Snapshot SHA:
Fetched:Oct 15, 2026, 12:31 PM UTC