Tennessee Requires Carbon Monoxide Alarms in All Childcare Facilities

Carbon monoxide is colorless, odorless, and tasteless. You can’t smell it, see it, or feel it. And for children in daycare facilities, that makes it one of the most dangerous threats they can face indoors.

After multiple incidents where Tennessee children were hospitalized due to carbon monoxide leaks at daycare centers, the state legislature passed a law requiring carbon monoxide alarms in all childcare facilities. The law closes a safety loophole that left thousands of Tennessee children unprotected for years.

Why Tennessee Needed a Carbon Monoxide Alarm Law

Before this law, many Tennessee daycares had no requirement to install carbon monoxide detectors. The gap in protection led to preventable emergencies.

In January 2024, a carbon monoxide leak at Elm Hill Academy in Nashville sent multiple children to the hospital. The leak came from a malfunctioning HVAC unit. The daycare had no carbon monoxide detectors in its classrooms because the building was constructed before the state required them.

The leak was only discovered because a parent walked into the building carrying a personal carbon monoxide detector, and it went off.

In 2019, several children were treated at hospitals after carbon monoxide exposure at the Children First Preschool in Hendersonville. The source was a faulty damper on the heating system. That facility had no working carbon monoxide detectors either.

These weren’t isolated incidents. They exposed a serious gap in Tennessee’s safety regulations that left children vulnerable.

What the New Law Requires

Tennessee’s carbon monoxide alarm law for childcare facilities was signed into law as Public Chapter No. 733 (2024) and is codified as TCA § 68-120-122.

Here’s what it mandates:

• Carbon monoxide alarms must be installed in every room where care is provided to children
• Alarms must meet standards set by the International Building Code and International Fire Code
• Installation must follow National Fire Protection Association (NFPA) standards or manufacturer directions
• Facilities can use hardwired alarms, battery-operated alarms, plug-in units, or combination smoke/CO detectors

Deadlines:

• Existing childcare facilities were required to install alarms by September 30, 2024
• New childcare facilities opening on or after July 1, 2024 must have alarms installed before the first day children are present

Penalties: Violating the law is a Class C misdemeanor for each day the alarms are not installed.

The Tennessee Department of Human Services and the Department of Commerce and Insurance also made carbon monoxide alarms available to childcare facilities at no cost to help with compliance.

Why Carbon Monoxide Is So Dangerous for Children

Children are far more vulnerable to carbon monoxide poisoning than adults. Their bodies absorb the gas faster because of their smaller size and higher breathing rates relative to body weight.

Carbon monoxide exposure can cause:

• Immediate symptoms: Headaches, dizziness, nausea, confusion, and loss of consciousness. In young children, these symptoms are easily mistaken for common illnesses.
• Long-term neurological damage: Even after the initial exposure is treated, children can develop cognitive impairments, memory problems, and learning difficulties that may not appear for weeks or months.
• Developmental delays: Infants and toddlers exposed to carbon monoxide face risks to brain development during critical growth periods.
• Death: At high concentrations, carbon monoxide poisoning is fatal. At lower concentrations, prolonged exposure causes cumulative damage that may not be immediately apparent.

The challenge with carbon monoxide is that symptoms in young children, like lethargy, fussiness, and pallor, mimic dozens of other conditions.

Without a detector sounding an alarm, staff may not recognize what’s happening until children are seriously harmed.

Common Sources of Carbon Monoxide in Childcare Facilities

Carbon monoxide is produced whenever fuel is burned. In daycare and childcare settings, the most common sources include:

• HVAC systems. Malfunctioning furnaces and heating units are the leading cause of carbon monoxide leaks in commercial buildings, including daycares. Cracked heat exchangers and faulty dampers can release carbon monoxide directly into occupied spaces.
• Water heaters. Gas-fired water heaters can leak carbon monoxide if they’re improperly vented or maintained.
• Kitchen appliances. Facilities with commercial kitchens using gas stoves, ovens, or grills generate carbon monoxide during operation.
• Attached garages or loading areas. Vehicle exhaust from buses, delivery trucks, or staff vehicles in attached or adjacent enclosed spaces can seep into the building.

Regular maintenance of fuel-burning equipment is essential, but equipment can fail without warning. Carbon monoxide detectors provide the backup that catches failures before children are harmed.

What to Do If Your Child Was Exposed to Carbon Monoxide

If you learn your child was exposed to carbon monoxide at a daycare or childcare facility, act immediately:

• Get medical attention right away. Carbon monoxide poisoning requires prompt evaluation. Blood tests can measure carboxyhemoglobin levels that confirm exposure. Don’t wait to see if symptoms develop.
• Request all medical records. Document every test, diagnosis, and treatment related to the exposure. This includes follow-up visits for delayed neurological symptoms.
• Watch for delayed symptoms. Cognitive, behavioral, and neurological effects can surface days or weeks after exposure. Monitor your child for changes in behavior, memory, or development and report them to your pediatrician.
• Preserve evidence. Save all communications from the daycare about the incident. Note dates, times, and what staff told you about what happened.
• Report the facility. Contact the Tennessee Department of Human Services to report the incident. If the facility lacked required carbon monoxide alarms, that’s a violation of state law.
• Contact an attorney. Carbon monoxide cases require prompt investigation to determine the source of the leak, who was responsible for maintaining the equipment, and whether the facility complied with alarm requirements.

Legal Liability for Carbon Monoxide Injuries at Daycares

When a child suffers carbon monoxide poisoning at a childcare facility, multiple parties may bear legal responsibility:

• The childcare facility for failing to install required CO alarms, failing to maintain equipment, or failing to respond appropriately when symptoms appeared
• The property owner for neglecting building maintenance or HVAC systems
• HVAC contractors who performed negligent maintenance or installation
• Equipment manufacturers if defective furnaces, water heaters, or other appliances caused the leak

Tennessee’s one-year statute of limitations under TCA § 28-3-104 applies to personal injury claims, so families must act quickly to preserve their legal options.

Protecting Tennessee Children From Carbon Monoxide Exposure

The passage of Tennessee’s carbon monoxide alarm law was an important step, but the law only works if facilities comply. Carbon monoxide detectors are inexpensive, widely available, and highly effective. There is no excuse for a childcare facility to operate without them.

The Higgins Firm has handled multiple carbon monoxide poisoning cases, including cases involving children. We understand the long-term medical consequences, the investigation required to identify the source, and what it takes to hold negligent parties accountable.

If your child was exposed to carbon monoxide at a daycare or school, contact The Higgins Firm for a free consultation. We don’t get paid unless we win.