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Massachusetts General Law, chapter 148 section 26F mandates that upon the sale or transfer of certain homes, the seller must install approved smoke alarms. 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 was built or has undergone renovation, addition or modification after Jan. 1, 1975, the date the building permit was issued determines the smoke alarms 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.
After a successful inspection for smoke alarm compliance, the local fire department will issue a Certificate of Compliance indicating that the residence meets the smoke alarm 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.
All homes are required to have smoke alarms. In general, the requirements for smoke alarms vary depending on when the residence was constructed or underwent renovation, addition or modification.
Massachusetts General Law, chapter 148 section 26F½ and 527 CMR 1.00:13.7.6 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. Smoke alarm and CO alarm inspections can be conducted in the same visit.
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.
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 fossil fuel burning equipment are: gas water heaters, oil or gas furnaces, wood or gas fireplaces, wood pellet stoves, gas clothes dryers, or gas cooking stoves.
The word “typical” is used in the following guidelines only for purposes of illustration. The specific requirements may depend on when the building permit for the residence was issued and if there have been any major renovations, additions or modifications. It is best to check with your local building or fire department for detailed guidance.