Notes from the MAR Legal Hotline
By:
Steve Ryan, MAR General Counsel
Michael McDonagh, MAR Associate Counsel
Anthony DeGregorio, MAR Legislative & Regulatory Counsel
March 2010
New State Smoke Detector Requirements:
Q. I heard that the rules regarding smoke detectors are changing. What are these changes and how do they impact me and my clients?
A. What you heard is true. On April 5, 2010,* a new regulation regarding the installation and maintenance of smoke detectors will
become effective. These new regulations were enacted by the Massachusetts Department of Fire Services and will apply to single and
multi-family homes built (or most recently renovated) before 1975.
* Note: April 5, 2010 is the new effective date. The original effective date was January 1.
For homes sold on or after April 5, 2010: The regulations require two different types of smoke detectors to be in place depending
upon the location in the home. First, in zones within 20 feet of a kitchen or bathroom, smoke detectors using photoelectric only
technology will be required. Outside of the 20-foot kitchen & bath zone(s), the regulations require smoke detectors using both
ionization and photoelectric technology to be installed.* Compliance can be achieved by installing either dual technology
("combination units") or by installing separate ionization and photoelectric units. Again, all smoke detectors within 20 feet of a
kitchen or bath must be photoelectric ONLY.
* Note: The regulation was recently amended to provide an exemption from the ionization sensor requirement for
homes w/ low-voltage alarm systems (due to product availability problems).
These requirements were developed, in part, based upon research that shows that ionization smoke detectors tend to give false alarms
due to fumes given off from typical cooking activities or steam from a shower. Frequent false alarms often lead residents to disable
smoke detectors by removing their batteries. The intent of the new regulations is to make homes safer by preventing residents from
disabling smoke detectors that are triggered by typical cooking or bathing activities.
Q. What about battery-operated smoke detectors? Do they comply with the new regulations or, must the units be hard-wired?
A. The battery/hard-wire rules are not changing at the State level. Statute specifically provides that "… the head of the fire
department shall allow the installation of approved monitored battery powered smoke detectors." But do check with the local fire
departments, as some cities and towns do have certain rules set by local ordinance/by-law.
If your clients or customers have specific questions about how the regulations apply to their specific property, you should encourage them
to contact their legal counsel.
North Bristol County Association of REALTORS®
From: Board Office
To: Board Office
