Last week, I wrote about proposed changes to the MA smoke detector legislation that were being discussed by legislators. Well, the only change that was made was the implementation date. All other requirements under the new regulations will apply commencing April 5, 2010.
527 CMR 32.00 addresses the smoke detector requirements for single family homes and residential buildings under 70 feet tall, containing less than six dwelling units - either of which have not been constructed, altered, or modified since January 1, 1975.
Properties meeting the above definition will be required to comply with 527 CMR 32.00 upon the sale or transfer of said property after April 5, 2010.
Buildings that do not meet the above requirements are already subject to a higher standard in relation to fire safety equipment in the Commonwealth, and therefore the provisions of 527 CMR 32.00 do not apply as they are subject to the provisions of 780 CMR, The State Building Code.
The new regulations address the technolgy utilized by a smoke detector when placed in a property, and especially one that is for sale. Specifically, sellers must now install battery-powered or low-voltage wired smoke detectors employing both ionization and photoelectric technologies in all places that they were previously required (at least 1 smoke detector per 1,200 square feet of space and in all kitchen and bedroom areas), EXCEPT within 20 feet of a kitchen or a bathroom containing a bathtub or shower.
When placed within 20 feet of a kitchen or bathroom containing a bathtub or shower, the use of photoelectric smoke detectors only is allowed. Compliance can be achieved by installing two separate detectors using these technologies, or by installing one detector which uses both technologies. The new regulations do not change the location where the detectors need to be placed. They only change the technologies that have to be employed. 527 CMR 32.00 also does not change the existing requirements surrounding the placement of carbon monoxide detectors in living areas and near bedrooms.
How do you can you tell the difference between an ionization smoke detector and a photoelectric smoke detector?
- New smoke detectors should be marked on the outside of the package to indicate if it uses ionization or photoelectric technology.
- The date of manufacture should be on the back; if not the detector is most likely outdated and should be replaced to comply with the regulation.
- For other existing detectors you will need to remove the smoke detector and look on the backside. It is an ionization smoke detector of the word "AMERICIUM" or the following symbol is on the back.
Consumers that have questions on the above are urged to consult with the local town fire marshall or your legal counsel to ensure compliance with the new laws.
Realtors in the Commonwealth should ensure that the smoke detector inspection certificate obtained for closings on or after April 5 are acceptable to the lender and the closing attorneys. When in doubt, always check.
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