While real estate professionals know that a sale/transfer of a residential property cannot occur without a smoke/carbon monoxide(CO) certification from the local fire department pursuant to M.G.L. c. 148, Sections 26F and 26F½ , many people are unaware that new rules go into effect on December 1, 2016 as to what kind of smoke/carbon monoxide detectors are required.

527 CMR 1.00 applies to 1-5 unit residential structures built or renovated prior to 1975. The updated regulations require that residences be equipped with smoke detectors that have a 10-year life span (these smoke/CO detectors are sold with 10-year sealed lithium batteries).

Smoke and carbon monoxide requirements for residences built after 1975 that met the requirements of existing regulations at the time of installation will continue to meet requirements of 527 CMR 1.00 and will be guided by the building permit on record with the town/city where the residence is located until the devices are 10 years old or exceed the manufacturers recommended life.

State Fire Marshal Peter J. Ostroskey, in an interview with the Boston Globe (October 14, 2016), said the 1975 cutoff date for single, two, and three-family residences was chosen because residences built after that year were already required by the state building code to have hardwired power supplies for smoke detectors. Ostroskey noted that even those hardwired detectors need to have backup batteries replaced and the detectors should be replaced every 10 years because they lose the life-saving sensitivity in their sensors.

Here is a brief guide of what is needed for smoke detectors and carbon monoxide detectors in 1-5 unit residences depending on the year built or updated.

For residences built prior to 1975:

Smoke detectors are required as follows:

1. On every habitable level of the residence;
2. On the ceiling outside of each separate sleeping area;
3. On the ceiling at the base of each stairway;
4. If located within 20 feet of a kitchen or bathroom (containing a bathtub or shower), the detector must use photoelectric technologies;
5. If located more than 20 feet from a kitchen or bathroom (containing a bathtub or shower), the detector must utilize either (a) a dual detector (containing both ionization and photoelectric technologies) or (b) two separate sensors, one ionization and one photoelectric.

Carbon monoxide detectors/alarms are required as follows:

• On each and every level of the residence, including habitable portions of basements and attics and must be located within 10 feet of each bedroom door;
• Combination detectors (i.e. units containing photoelectric smoke and carbon monoxide detection capabilities) may be used if the detector is within 20 feet of a kitchen or bathroom (containing a bathtub or shower);
• Combination ionization smoke and carbon monoxide detectors may be used if the detector is more than 20 feet from a kitchen or bathroom (containing a bathtub or shower)
• The detectors may be either battery powered, plug in with battery backup, hardwired with battery backup, or system type.
• For typical 1-5 family residences permitted between 1975 and August 27, 1997:

Smoke detectors are required as follows:

• One smoke detector on every habitable level of the residence.
• One smoke detector on the ceiling at the base of each stairway.
• One smoke detector on the ceiling outside of each separate sleeping area.
• A minimum of one smoke detector must be installed for every 1,200 square feet of living space per level.
• Detectors must be hardwired interconnected smoke detectors.

Carbon monoxide alarms are required as follows:

• On every level of the residence, including habitable portions of basements and attics and must be located within 10 feet of each bedroom door.
• Combination photoelectric smoke and carbon monoxide detectors may be used anywhere.
• Combination ionization smoke and carbon monoxide detectors may be used if the detector is more than 20 feet from a kitchen or bathroom (containing a bathtub or shower).
• Detectors may be either: battery powered, plug-in with battery backup, hardwired with battery backup, or system type.
• Typical 1-5 family residences permitted after August 27, 1997:

Smoke detectors are required as follows:

• One smoke detector on every habitable level of the residence.
• One smoke detector at the base of each stairway.
• One smoke detector outside of each separate sleeping area.
• One smoke detector inside every bedroom.
• A minimum of one smoke detector must be installed for every 1,200 square feet of living space per level.
• Detectors must be hardwired and interconnected smoke detectors with battery backup.
• If the smoke detector is within 20 feet of a kitchen or bathroom (containing a bathtub or shower), the smoke detector is required to be a photoelectric detector.

Carbon monoxide alarms are required as follows:

• On every level of the residence, including habitable portions of basements and attics and must be located within 10 feet of each bedroom door.
• Combination photoelectric smoke and carbon monoxide detectors may be used anywhere.
• Combination ionization smoke and carbon monoxide detectors may be used if the detector is more than 20 feet from a kitchen or bathroom (containing a bathtub or shower).
• Detectors may be either: battery powered, plug-in with battery backup, hardwired with battery backup, or system type.

Typical 1-5 family residences permitted on or after January 1, 2008:

Smoke detectors are required as follows:

• One smoke detector on every habitable level of the residence.
• One smoke detector at the base of each stairway.
• One smoke detector outside of each separate sleeping area.
• One smoke detector inside every bedroom.
• A minimum of one smoke detector must be installed for every 1,200 square feet of living space per level.
• Detectors must be hardwired and interconnected with battery backup.
• If the smoke detector is within 20 feet of a kitchen or bathroom (containing a bathtub or shower), the smoke detector is required to be a photoelectric detector.
• If the smoke detector is more than 20 feet from a kitchen or a bathroom (containing a bathtub or shower), the smoke detector is required to be either a photoelectric detector or a dual detector (containing both ionization and photoelectric technologies).

Carbon monoxide alarms are required as follows:

• On every level of the residence, including habitable portions of basements and attics and located within 10 feet of each bedroom door.
• Combination photoelectric smoke and carbon monoxide detectors may be used.
• Detectors must be hardwired and interconnected with battery backup. (May be separately wired from the existing smoke detection system.)

Heat detectors are required as follows:

• Must have a single heat detector in any garage attached to or under the residence.
• Must be hardwired and interconnected with or without battery backup to the existing smoke detection system.
• Heat detectors are not required in older homes unless renovation, addition or modification occurs after Jan. 1, 2008.

Recommendations

There are some ways to check if you are not sure what kind of smoke detector you have: (1) a new detector should be marked on the outside of the package to indicate if it uses ionization or photoelectric technology;. (2) for older or existing detectors you will need to remove the smoke detector and look on the back side.

• 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:

Note: 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 considered to be reliable. However, the risk of nuisance alarms from steam and cooking is higher with ionization detectors, particularly if located within 20 feet of a kitchen or bathroom.

The State Fire Marshall 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 hardwired) shall remain in service after 10 years from the date of manufacture.

If you have any questions or concerns relative to the regulations changes, contact the non-emergency telephone number for your local fire department and they will be happy to answer any questions you have.

References
Memorandum from Peter J. Ostroskey, State Fire Marshal, to Heads of Fire Departments, dated November 1, 2016
Interview with State Fire Marshal Peter J. Ostroskey, the Boston Globe (October 14, 2016)
Massachusetts 527 CMR 1.00
“A guide to the Massachusetts Smoke and Carbon Monoxide Requirements When Selling a One or Two Family Residence”, Massachusetts Department of Fire Services

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