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New Smoke Detector Regulations Take Effect January 1, 2010 in Massachusetts

By
Real Estate Attorney MA 9505496/Broker

Late last year, Massachusetts state regulators approved changes to the rules governing the installation of smoke detectors in single family homes and certain multifamily residential buildings.  Although ongoing discussions with groups likely to be affected by the new rules over practical concerns that they have expressed regarding the implementation and timing of the new regulations has prompted regulators to consider revisiting the issue,  the rules, as they are currently written will go into effect on January 1, 2010.

These new rules could have an impact on any residential real estate transaction closing in 2010 and beyond.  Therefore it is important for Residential property owners, property managers, real estate brokers and homeowners to become familiar with the new smoke detector regulations so that real estate closings are not delayed because of non-compliance with the new rules and regulations.

 

WHAT PROPERTIES WILL BE AFFECTED BY THE NEW REGULATIONS?

  • Single family homes
  • Residential buildings under 70 feet tall and containing less than six dwelling units.
  • Residential buildings not substantially altered since January 1, 1975, and containing less than 6 residential units.
  • All residential buildings sold or transferred after January 1, 2010, which are less then 70 feet tall, have less than six units, or have not been substantially altered since January 1, 1975.

It should be noted that the law does not apply to larger buildings or those which were substantially altered since January, 1975, as those properties  were already required to upgrade their fire safety systems under other existing laws.

Determining whether a specific property is affected by the new regulation requires a case-by-case analysis and, therefore, property owners are encouraged to consult with legal counsel and/or the local fire marshallto determine the specific requirements for their property.

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