M.G.L. c 148 s. 26F – The Law
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 January 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 5 or less residential units, this pamphlet will focus only on 1 and 2 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 (January 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.
Purchase Permit
Please fill in the permit with all the required information and the fire prevention officer will call you at his earliest convenience to schedule an inspection.
Frequently Asked Questions
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); or
- Two separate detectors (one photoelectric and one ionization).
Note: In residences not subject to MGL c. 148, s. 26F (built after January 1975), the smoke detector upgrade is recommended, but is not required by law.
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.
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.
Yes. Combination carbon monoxide (CO) 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 feet of a kitchen or bathroom.