Smoke Detectors are a Must When Selling a Home in Massachusetts. This law has been in affect for many years.
State law requires that all homes must be equipped with smoke detectors. The burden for compliance falls primarily on the seller. Prior to any closing, the seller of a property must have the fire department come to the property and inspect their detectors to assure that they are all in working order. The fire department will issue a certificate of compliance that must be brought to the closing. Without this certificate, the closing cannot take place.
The law requires that there must be an operable smoke detector on every habitable level, including the basement. A finished attic must also be equipped.
- On the first floor, smoke detectors should be placed on the ceiling in a hallway near a stairwell to the second floor. If there is a bedroom on the first floor there should also be a detector outside the bedroom door.
- On the second floor, the smoke detector must be placed on the ceiling in the hallway common to all of the bedrooms, normally at the head of the stairs. This is done so that the smoke will get to the detector before it reaches the bedroom.
- In the basement, smoke detectors should be placed on the cellar ceiling at the base of the stairs. In an unfinished basement, it should be on the edge of the joist and never placed at the top of the basement stairs by the cellar door.
- In properties that were built after 1975 it is mandatory to have a hardwired system with battery backups.
New Regulations Beginning in 2010
Effective January 1 of next year, new rules will be in effect with regard to smoke detectors in residential properties.
Two Types of Smoke Detectors
The technologies currently used in smoke detectors are ionization or photoelectric and they both have their pluses and minuses.
Ionization detectors operate by having a constant current running between two electrodes. An alarm is set off when the smoke enters, interrupting the current. This method is typically faster to sound an alert than photoelectric detectors. The problem lies in the fact that ionization detectors cannot tell the difference between smoke and steam and this has resulted in many false alarms.
Photoelectric detectors, on the other hand, function through an emission of a beam of light. Whenever smoke crosses the path of the light beam, the smoke particles cause it to scatter and this triggers an alarm. This method helps to cut down on the amount of false alarms; however, it can take longer to sound an alert.
Recognizing the strengths and weaknesses of both technologies, the new regulations will require the installation of both Ionization and photoelectric smoke detectors in all residential properties. The location requirement will remain the same with the exception that, due to the sensitivity of the ionization detectors to steam, they cannot be placed within 20 feet of a kitchen or bathroom which contains a shower or a tub.
Which properties are affected by the new law?
All residential buildings that are sold or transferred after January 1, 2010 which are less than 70 feet tall, have fewer than six units and have not been substantially altered since January 1, 1975 must comply with the new regulations.
Massachusetts takes safety matter seriously. The cost of implementing these systems is well-worth the lives they save.
Do you have questions about buying a home in the Metrowest area? I would love to talk with you. Please feel free to call me at 508-881-6230 - any time or E-mail me.
Copyright 2009 - Claudette Millette, Broker, Owner, TheBuyersCounsel
Ashland, Holliston, Hopkinton, Natick, Newton, Northborough, Framingham, Shrewsbury, Sherborn, Southborough, Sudbury, Wayland, Westborough
Hi Claudette:
I'm surprised that this law wasn't in effect already, since safety is such a big issue.
In NJ, we've also incorporated the carbon monoxide requirement and a fire extinguisher into the same safety compliance regulation.
Hi, Toula:
I hadn't written that as clearly as I might have. Smoke detectors have been mandatory here for a long time. I have just rewritten the beginning of this to clear that up.
Carbon monoxide detectors are also mandatory and I will write about that separately since there is a story to be told with it. Thanks so much, Toula.
Hi Claudette... I am surprised that we do not have more stringent smoke detector laws in every state. If it saves one life, it is worth it in my opinion.
Hi, Steve:
I agree. It's very strict here about smoke detectors and, now, also with carbon monoxide and I am glad about it. It's really not worth taking a chance with either of these issues.
Claudette, excellent write-up. This is much easier to read than the docs issued by the state.
Hi, Kathryn:
I don't think the state would hire me to do their write-up. It's quite a different style.
Thanks very much.