(A)   Purpose.  Recognizing that exposure to carbon monoxide (CO), a colorless, odorless gas can cause headaches, dizziness, nausea, faintness, and, at high levels, death, the following ordinance is enacted pursuant to police power for the purpose of protecting the public health and safety of the residents of the City of Monroe by requiring operable carbon monoxide alarms in certain structures.
   (B)   Definitions.
      (1)   CARBON MONOXIDE (CO) ALARM.   A device sensing invisible particles of Carbon Monoxide which, when activated, will provide some form of visual and audible alarm, and which has been either UL (Underwriters Laboratories, Inc.) listed or CSA (Canadian Standards Association) approved.
      (2)   RESIDENTIAL DWELLING.   A building occupied for residential purposes including single family dwellings, duplexes, and multi-family dwellings whether owner-occupied or rental units.
   (C)   General provisions. 
      (1)   Residential dwellings.  Every residential dwelling shall contain at least one operable carbon monoxide (CO) alarm installed in accordance with the manufacturer's recommendations. This provision shall apply to existing residential dwellings in addition to residential dwellings to be constructed in the future.
      (2)   Adult and child care facilities.  Every adult and child care facility pursuant to the North Carolina Building Code shall contain at least one operable carbon monoxide (CO) alarm installed in accordance with the manufacture's recommendations. This provision shall apply to existing adult and child care facilities in addition to those constructed or otherwise used as a child care facility in the future.
   (D)   Penalty.  In addition to other sanctions authorized by G.S. § 160A-175, any person who deliberately fails to provide a carbon monoxide (CO) alarm in violation of this Section shall be subject to the following Civil Penalties enforceable in the nature of civil debt:
First citation
Second citation for same or similar violation
   Any civil penalty not paid within thirty (30) days of issuance of the notice of civil penalty shall be assessed an additional twenty-five ($25.00) dollar late fee. In addition, each day that the violation continues to exist after issuance of the second civil citation may be considered a separate offense and the owner assessed $10.00 per day for continuing violations thereafter.
   (E)   Certificate of occupancy.  No Certificate of Occupancy shall be issued by the City for any building or facilities in which alarms are required to be installed unless equipped with an operable carbon monoxide (CO) alarm as required herein.
   (F)   Severability.  Should any provision of this section be declared by a Court to be unconstitutional or invalid, such decision shall not affect the invalidity of the remainder of this section as a whole or part thereof other than the parts held to be unconstitutional or invalid.
(Ord. O-2003-06, passed 2-4-03)