Massachusetts Smoke Detector Laws
If you are selling a home in Massachusetts, one of the things you are going to need to know about is the smoke and carbon monoxide detectors laws! The first thing I do when interviewing with a prospective home seller is to explain how the laws work.
One of the requirements of every homeowner in Massachusetts when selling a property is to provide the new owner with working smoke and carbon monoxide detectors.
Update – new smoke detector regulations: As of December 1, 2016, when homes built before 1975 are sold, the house must be equipped with smoke detectors with a 10-year life span. These smoke detectors are sold as ten-year sealed lithium battery power alarms. These new smoke detectors can now be found at your local hardware store, Lowes or Home Depot.
The local fire department where the home is located is responsible for conducting smoke detector/carbon monoxide detector inspections. Massachusetts is one of the strictest states regarding fire safety, as its smoke detector law has been in place for decades to prevent unnecessary deaths. A property can not change hands without a certification done by the local fire Marshall.
It makes sense that when you are interviewing with a home seller for the chance to represent them in the sale of probably their largest asset, you would want them to understand how these laws work about selling a home. The Massachusetts smoke and carbon monoxide detector laws are vital to understanding along with the Massachusetts Title V Septic law if the home isn’t hooked up to public sewer.
The Massachusetts smoke detector laws were modified on April 5, 2010. The new regulations relating to installing and maintaining individual smoke detectors were put in place. Staying up to speed on changes in these laws is vital for landlords, homeowners, and Realtors alike.
It goes without saying that it is imperative that homeowners ensure that their properties comply with the smoke and carbon monoxide detector laws, both from a public safety and liability standpoint. The new modification of these requirements is discussed below in detail. From my experience, some towns have nuances on what they will and will not allow. It is always prudent to speak to the city fire department where you are located for further clarification.
Two Types Of Smoke Detector Technology
There are two primary detection devices used in today’s smoke detectors. They can be either ionization detectors or photoelectric detectors.
Ionization detectors typically have a constant current running between two electrodes. When smoke hits the device, it blocks the current, which causes the alarm to go off.
Ionization detectors are usually faster to sound than photoelectric detectors. The problem with ionization detectors, however, is that they cannot differentiate between smoke and steam.
This anomaly makes these types of detectors more likely to have false alarms when steam from a shower or other source interrupts the current. False alarms are particularly the case when the ionization detector is placed near a kitchen or bathroom area.
Photoelectric detectors emit a beam of light. This beam passes in front of the detector in a straight line. When smoke crosses the path of the light beam, some light is scattered by the smoke particles causing it to make the alarm sound. Photoelectric detectors are less sensitive to false alarms from steam or cooking fumes but can take longer than ionization detectors to go off.
Another primary concern was that ionization detectors do not offer the best protection against smoldering fires, which can be some of the deadliest fires. Photoelectric smoke alarms are more sensitive to smoldering smokey fires. Most homes across the country have ionization detectors which are more susceptible to flames.
In 2007, WBZ News in Boston tested both types of these smoke detectors. In a smoky fire, the photoelectric detector went off first. The Ionization detector took almost 17 minutes to the fire before the alarm finally went off!
The debate in Massachusetts has been about whether to require property owners to replace their ionization detectors with photoelectric detectors.
Homeowners have raised concerns about the cost of replacing smoke detectors that still function properly. Fire departments have suggested that eliminating false alarms outweighs the additional expense that homeowners will need to deal with.
New Fire Prevention/Detector Laws
Since photoelectric versus ionization smoke detectors have strengths and weaknesses, the Board of Fire Prevention Regulation passed a new regulation known as (527 CMR 32.00 et sec).
According to the new regulation, owners of individual residential buildings will be required to install and maintain both ionization and photoelectric smoke detectors.
While the new law does not change the locations where smoke detectors are required, it does allow the installation of both technologies in particular areas.
Under the new regulation, an ionization detector can not be placed within 20 feet of a kitchen or a bathroom containing a shower or a tub. In these locations, only a photo electronic detector can be installed.
All property owners should determine what type of smoke detectors they currently have installed. To comply with the law, you can either install two separate detectors with both technologies or one with both.
What Properties Are Impacted By The New Regulations?
To determine if your home or condominium is affected by this change in the law, it would make sense to check with your local fire department or a local Real Estate attorney who is up to speed on the changes in the law. According to the new amendment, the following types of properties are impacted by the new regulations:
- Residential buildings under 70 feet tall and containing less than six dwelling units.
- Residential buildings not substantially altered since January 1, 1975, and containing less than six residential units.
- All residential buildings sold or transferred after April 5, 2010, which are less than 70 feet tall, have less than six units, or have not been substantially altered since January 1, 1975.
For all properties in these categories, compliance with the law went into effect on April 5, 2010. The law does not apply to these larger buildings or those substantially altered since January 1975, as these properties were already required to upgrade their fire safety systems under previously existing laws.
Another important note regarding smoke detectors: Many towns require hard-wired smoke detectors and NOT battery operated. You should make certain you know the requirement for the city or town in which you are located. As a general rule, according to the State Fire Marshall’s office, the law is as follows:
- Homes built after 1975 are required upon sale or transfer to comply with the State Building Code in effect at the time of construction.
- Homes built before 1975 are required upon the sale or transfer to comply with the requirements of MGL c. 148, §26E(A).
To provide further clarification, homes built between 1975 and 1998 must have hard-wired interconnected smoke detectors outside the bedrooms and one detector on each floor at the top of the stairs. The smoke detector at the head of the stairs can be the same detector that is required outside the bedroom.
For homes built after 1998, smoke detectors must be interconnected and have a battery backup. Smoke detectors are required in each bedroom, outside the bedroom, and at the top of each flight of stairs. A single detector can satisfy multiple location requirements if it is situated correctly. There must also be one smoke detector on each level and one smoke detector for every 1,200 square feet of living space.
These requirements for newer construction also apply to additions and renovations where a bedroom is either added or substantially altered. If an addition or renovation involves adding or significantly changing a bedroom, the entire house, including existing bedrooms, must be brought up to the present standard according to the Massachusetts State Building Code (780 CMR), regardless of when the original home was built.
Massachusetts Carbon Monoxide Detector Law
If you are selling your home in Massachusetts, an additional law that you need to be up to speed on is what’s known as Nicole’s Law. As of March 2006, when a home is sold, you need to have functioning carbon monoxide detectors.
Carbon Monoxide detectors are required in any residence that has fossil-fuel burning equipment including, but not limited to, a furnace, boiler, water heater, fireplace, or any other apparatus, appliance, or device; or has enclosed parking within its structure.
Unfortunately, the law is named for 7-year-old Nicole Garofalo, who passed away in January 2005 when a heating vent in her home was blocked by snow drifts, allowing carbon monoxide to build up in the home.
According to carbon monoxide regulations, you need to have a detector on each finished level of the home. Further, a detector must be placed within ten feet of all the bedroom doors. The detectors do not need to be hard-wired. A plug-in or battery-operated detector meets the requirements and is usually the most viable choice.
Here are all the types are carbon monoxide detectors that are allowed:
• Battery powered with battery monitoring;
• Plug-in (AC-powered) units
with battery backup;
• AC primary power (hard-wired
– usually involves hiring an
electrician) with battery backup;
• Low-voltage or wireless alarms
with secondary power; and
• Qualified combination smoke
detectors and CO alarms
The local fire department does the inspection for both the smoke and carbon detectors before the closing. I like to schedule the inspection about a month before the closing so that if there are any issues, they can be rectified in plenty of time.
The certificate from the fire department is valid for two months and will need to be brought to the closing. The lender’s attorney will most certainly ask for the compliance certificate, and you will not be able to close on your property without it! You should now have a much better understanding of how the smoke and carbon monoxide detector laws work in Massachusetts.
Other Resources for Massachusetts Smoke and Carbon Monoxide Detector Laws:
- Massachusetts smoke detector alarm regulations via Mass.Gov.
Take a look at the additional helpful resources for any unanswered questions concerning the carbon monoxide and smoke detector laws in Massachusetts, or feel free to call me if you are selling your home.
The above Real Estate information on the Massachusetts Smoke and Carbon Monoxide Detector Laws was provided by Bill Gassett, a Nationally recognized leader in his field. Bill can be reached via email at billgassett@remaxexec.com or by phone at 508-625-0191. Bill has helped people move in and out of many Metrowest towns for the last 29+ Years.
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I service Real Estate sales in the following Metrowest MA towns: Ashland, Bellingham, Douglas, Framingham, Franklin, Grafton, Holliston, Hopkinton, Hopedale, Medway, Mendon, Milford, Millbury, Millville, Northborough, Northbridge, Shrewsbury, Southborough, Sutton, Wayland, Westborough, Whitinsville, Worcester, Upton and Uxbridge MA.