“This was a 42 USC 1983 civil rights lawsuit brought against the Columbia Housing Authority on behalf of the family of Calvin J. Witherspoon, Jr. who died from carbon monoxide poisoning on Jan. 17, 2019, at the Allen Benedict Court Apartments in Columbia (South Carolina)…
…the facts alleged in this case shock the conscience: a public housing authority’s deliberate indifference to a risk of harm that threatened numerous families living in low-income housing. What is more, two men died because of that indifference…”
This incident led to a federal requirement for CO alarms/detectors in U.S. Housing and Urban Development (HUD)-Assisted Housing:
“Ashley and her husband Travis started a one-family campaign for change, making calls and sending emails to get CO detectors installed in their children’s school.
‘I was angry, but our anger led to something positive,’ Travis Wilson said.
The school district approved detectors in all schools in the district, thanks to Wilsons’ efforts.”
“Currently, there are no federal laws requiring CO alarms in buildings. Local laws regarding CO alarms and detectors vary across counties and cities and towns. There are exceptions to the regulations as well. Some require them in new buildings but not in existing ones. Some require them in sleeping spaces while other requirements apply only to buildings with a fuel-burning source.
The most recent federal law, Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2021, signed by the president, encourages states to adopt tougher standards but does not require the use of CO detectors. It authorizes the Consumer Protection Safety Commission to provide resources to states and encourages the use of alarms. It also establishes a grant program to help states sponsor awareness programs.
But Congress was able to require one federal agency to mandate CO alarms. Following multiple carbon monoxide poisoning deaths, the U.S. Department of Housing and Urban Development set a deadline of December 27th to have carbon monoxide alarms installed in 3 million of its units nationwide.”
Carbon monoxide detectors save lives. Why aren’t they required everywhere? – CBS New York (cbsnews.com)
U.S. Dept of Housing and Urban Development (HUD)
“Summary
HUD OIG is evaluating carbon monoxide detector installation in HUD-assisted housing. Our objectives are to determine
(1) HUD’s plan to ensure all public housing agencies (PHA) and owners of certain HUD-assisted housing comply with the requirements for carbon monoxide detector installation in accordance with the Consolidated Appropriations Act of 2021 (Act of 2021) and HUD’s progress in implementing its plans;
(2) HUD’s progress in developing guidance for PHAs to educate residents on the health hazards of carbon monoxide in accordance with the Act of 2021; and
(3) fifteen sampled PHAs’ experiences, including any barriers, in implementing the requirements for carbon monoxide detector installation in accordance with the Act of 2021.”
On January 31, 2022, the U.S. Department of Housing and Urban Development (HUD) published Housing Notice H 2022-01 (Notice), Carbon Monoxide Alarms or Detectors in U.S. HUD-Assisted Housing. This Notice applies to all HUD Section 811 PRA developments with fuel-burning appliances and/or attached garages. The Notice can be viewed at https://www.hud.gov/sites/dfiles/PIH/documents/PIH2022-01.pdf.
HUD issued this Notice to inform and educate property owners/staff and residents of the harmful causes and effects of carbon monoxide (CO). To avoid exposure to CO, HUD will require property owners to install CO alarms or detectors at applicable developments. This requirement must be completed by December 27, 2022.
At a later date, HUD will be providing flyers that developments can print and provide to their residents. The Department will provide an update via listserv once HUD releases the flyers.
PIH 2022-01 CO_Detectors_Joint_Notice (hud.gov)
“Even one preventable death in our public housing facilities is too many, and this important provision will help put an end to the threat of carbon monoxide poisoning for families across the nation”
https://www.nbcnews.com/politics/congress/congress-passes-bill-require-carbon-monoxide-detectors-public-housing-n1251980?fbclid=IwAR23XnBtPiars5pjQ9TvFhIyJCcAEcoTpYQ9tGx_dQujApm0dynlG-pEyas
“Public housing units across the country are still not required by the federal government to have carbon monoxide detectors, more than a year after two people died in South Carolina and after recent evacuations of hundreds of families from a Durham public housing complex.”
https://www.heraldsun.com/news/local/counties/durham-county/article240885766.html?fbclid=IwAR0WCF2GxtsgZUKJIsZ-KEoAeCmkE0n3yUjHqAn9gFkc6JL_CTAM4A6KMfM
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