A Guide to the Massachusetts Smoke & Carbon Monoxide Requirements when Selling a One-or Two-Family Residence (per the Commonwealth of Massachusetts' Department of Fire Services as of September 2011)

Department of Fire Services

Massachusetts General Law, chapter 148 section 26F mandates that upon the sale or transfer of certain homes, the seller must install approved smoke detectors. These requirements apply to residences that were built or modified prior to creation of the Massachusetts State Building Code (January 1, 1975). If a building has undergone renovation,addition or modification after Jan. 1, 1975, the date of the building permit determines the smoke detector requirements of the building code.Although the transfer law applies to residences with five or less residential units, this pamphlet will focus only on one-and two-family homes.

VERIFICATION

After a successful inspection for smoke detector compliance,the local fire department will issue a Certificate of Compliance indicating that the residence meets the smoke detector requirements.Although the law applies to homes built prior to the date of the building code (Jan. 1975), it is industry practice that most purchase and sales agreements, and many mortgage companies require that the seller, as a condition to sell or transfer, obtain a Certificate of Compliance issued by the local fire department, even if the home was permitted or modified after 1975.

SMOKE DETECTOR REQUIREMENTS

In general, the requirements for smoke detectors vary depending on when the residence was constructed. For example, some residences may require battery-powered detectors, others might need interconnected hard-wired detectors only or a combination of both. Others might need interconnected hard-wired detectors with battery backup.On April 5, 2010, a significant change in the Massachusetts’ smoke detector requirements will become effective for all residences subject to MGL c. 148, s. 26F upon sale or transfer. Now, all smoke detectors installed within 20 feet of kitchens or bathrooms (containing a bathtub or shower) will be required to be photoelectric detectors. The risk of nuisance alarms from steam and cooking is lower with photoelectric only detectors. All installed smoke detectors outside of 20 feet of kitchens or bathrooms (containing a bathtub or shower) must utilize either:A DUAL detector (containing both ionization and photoelectric technologies); ORTwo separate detectors (one photoelectric and one ionization).In residences not subject to MGL c. 148, s. 26F (built after Jan. 1975), the smoke detector upgrade is recommended, but is not required by law.

COMPARING PHOTOELECTRIC Vs. IONIZATION TECHNOLOGY

Ionization smoke detectors:

• Use radiation to detect smoke.
• More effective in detecting flaming fires.
• Increased risk of nuisance alarms caused by steam or cooking smoke.

Photoelectric smoke detectors:

• Use light to detect smoke.
• More effective in detecting smoldering fires, which have been attributed to more fires involving death.
• Low voltage or wireless low voltage systems only use photoelectric detectors.

CARBON MONOXIDE ALARMS

Massachusetts General Law, chapter 148 section 26F½ and 527 CMR 31 mandates that upon the sale or transfer of any residence, the local fire department must inspect the residence for carbon monoxide alarm compliance. After a successful inspection, the local fire department will issue a Certificate of Compliance indicating that the residence meets the carbon monoxide alarm requirements.

CARBON MONOXIDE ALARM REQUIREMENTS

Since March 31, 2006, carbon monoxide alarms have been required in all residences that have either: fossil fuel burning equipment or an attached enclosed garage. This law applied to all such residences whether or not the residence is being sold or transferred.

WHAT IS FOSSIL FUEL BURNING EQUIPMENT?

Fossil fuel burning equipment is any device, apparatus or appliance that is designed or used to consume fuel of any kind which emits carbon monoxide as a by-product of combustion. Some examples of a fossil fuel burning equipment include: water heaters, oil or gas furnaces, wood or gas fireplaces, wood pellet stoves, gas clothes dryers, or gas cooking stoves.

HOW WILL I KNOW WHAT I NEED?

The word “typical” is used in the following guidelines only for purposes of illustration. The actual requirements may depend on when the building permit for the residence was actually applied for and if there have been any major renovations, additions or modifications. It is best to check with your local fire department for detailed guidance.

HOW WILL I GET A CERTIFICATE OF COMPLIANCE?

After you have a closing date:

• Contact the local fire department to schedule an inspection of your smoke and carbon monoxide detectors right away. Don’t wait until the last minute!
• Fees are determined by each city/town.

Prior to the arrival of the fire department:

• Make sure that your posted street number is visible from the street (MGL c.148 § 59);
• Make sure that you have the proper type of detectors.
• The local fire department may require that they be taken down for compliance verification.
• Make sure that all detectors are installed in the proper locations.
• Make sure that all detectors are working properly.
• After passing the inspection, the local fire department will issue your Certificate of Compliance.
• This document will probably be required at the closing and is only valid for 60 days.

HOW DO I KNOW WHICH KIND OF SMOKE DETECTORS I HAVE?

A new detector should be marked on the outside of the package to indicate if it uses ionization or photoelectric technology.For older or existing detectors you will need to remove the smoke detector and look on the backside.The date of manufacture should be on the back; if not, the detector is most likely outdated and should be replaced to comply with the regulation.It is an ionization smoke detector if the word  “AMERICIUM” or the following symbol is on the back:

Look for this symbol:

CAN I STILL HAVE IONIZATION SMOKE DETECTORS IF IAM NOT SELLING OR TRANSFERRING MY MY HOME?

Yes. The requirements in the new regulation only apply upon the sale or transfer of the residence.Even though the technology has changed, ionization detectors are still reliable.However, the risk of nuisance alarms from steam and cooking is higher with ionization detectors, particularly if located within 20 ft of a kitchen or bathroom.

ARE COMBINATION CARBON MONOXIDE & SMOKE DETECTORS PERMITTED?

Yes. Combination carbon monoxide and smoke detectors are permitted.They must have both a tone and simulated voice alarm to distinguish the type of emergency. Carbon monoxide detectors are required regardless of a sale or transfer.Combination ionization and CO detectors cannot be used within 20 ft of a kitchen or bathroom.

ARE THERE OTHER RECOMMENDATIONS?

• The State Fire Marshal’s Office recommends:
• Test your smoke and CO detectors monthly and replace the batteries twice a year.  REMEMBER, when you change the clocks, change the batteries.
• Unless otherwise recommended by the manufacturer’s published instructions, no smoke detectors (battery operated or hard-wired smoke detectors only!) shall remain in service after 10 years from the date of manufacture.

SPECIFIC REQUIREMENTS FOR PROPERTIES PERMITTED WITHIN A PARTICULAR TIME FRAME

Typical one- and two-family residences built before January 1, 1975

Typical one- and two-family residences permitted between 1975 and August 27, 1997

Typical one- and two-family residences permitted after August 27, 1997

Typical one- and two-family residences permitted on or after January 1, 2008

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