What the law requires at sale
Two state laws drive the certificate. The first is MGL c.148 s.26F. It says a residential building must be equipped by the seller with approved smoke detectors when it is sold or transferred. The head of the fire department enforces it.
The second is MGL c.148 s.26F1/2, often called Nicole's Law. It requires carbon monoxide alarms in any residence with fossil-fuel equipment (a furnace, boiler, water heater or fireplace) or enclosed parking. It also says every residence must be inspected by the fire department for CO compliance when it is sold or transferred.
The technical rules (where alarms go, what type, how old) are in the state fire code, 527 CMR 1.00, section 13.7. The Department of Fire Services (DFS) boils them down in its guide for sellers of one- and two-family homes. That guide is dated December 2016, so check with your fire department for any later change.
A "transfer" is wider than a sale. A 2017 memo from the State Fire Marshal says the CO law can apply to any written change of ownership, including a gift deed or a move into a trust that was never recorded. If you are planning an estate or family transfer, ask the fire department whether it wants an inspection.
What your alarms must look like
The requirement depends on when the house was built or last permitted for major work. DFS gives these "typical" rules for one- and two-family homes. Your fire department decides what applies to your house.
| Built or permitted | Smoke alarms | Power |
|---|---|---|
| Before January 1, 1975 | Photoelectric on every habitable level, in the basement, at the base of stairs, outside each sleeping area | Battery, hardwired or both |
| 1975 to August 27, 1997 | Same places, plus at least one per 1,200 sq ft of living space per level | Hardwired and interconnected |
| After August 27, 1997 | Adds an alarm inside every bedroom | Hardwired, interconnected, battery backup |
| February 4, 2011 or later | All photoelectric | Hardwired, interconnected, battery backup |
Carbon monoxide alarms go on every level, including the basement and habitable attic, within 10 feet of each bedroom door. Homes permitted on or after January 1, 2008 also need a heat alarm in an attached or under-house garage. A combination photoelectric smoke and CO alarm is allowed in most cases.
Replacement alarms must be photoelectric with a hush feature. Battery-powered ones must have a sealed, non-replaceable 10-year battery. Wireless interconnection is allowed, but in homes permitted after 1975 the alarms still have to be hardwired for power.
What makes an inspection fail
Most failures are simple and cheap to fix before the inspector arrives.
- Old or undated alarms. No alarm may be over 10 years old. The make date is on the back. DFS says an alarm with no date is treated as expired.
- Wrong type. Ionization-only alarms near kitchens and baths, or in newer homes, do not pass. The word "americium" on the back means ionization.
- Missing locations. One short of a bedroom, stairway base or basement is a common miss.
- No CO alarm near the bedrooms, or one on only some levels.
- Alarms that do not sound or are not interconnected where required.
- Street number not visible from the street. DFS tells sellers to check this before the visit (MGL c.148 s.59).
Wakefield's fire department notes that the inspector will take alarms off the ceiling to check the type and date, so leave time to put them back. If you fail, you replace what was flagged and the department re-inspects. Ask your department whether a second visit costs extra.
Cost, timing and the 60-day window
Fees are set by each city or town, within limits in MGL c.148 s.10A. The default is $25 unless your town sets a different amount, and a single inspection cannot cost more than the caps below. If the smoke and CO inspections happen in the same visit, you pay no extra fee for the CO part.
| Building | Maximum fee |
|---|---|
| Single-family home or single unit | $50 |
| Two-family | $100 |
| 6 or fewer units | $150 |
| More than 6 units | $500 |
Cost of the alarms themselves is separate and varies. A hardwired, interconnected system in an older house can cost much more than battery alarms because an electrician may be needed. We did not find an official price list, so get a quote.
Timing: DFS says to call the fire department as soon as you have a closing date. the state's certificate form (FP-007C) says the certificate expires 60 days after it is issued, and Westwood's fire department says the same, so booking too early can mean getting a second one. Departments also differ on how fast they can come. Wakefield, for example, lists inspections by appointment on Wednesdays.
We could not verify a rule that lets a seller get the certificate within 60 days after closing. Some purchase and sale agreements deal with a late certificate with a money holdback at closing. Ask your attorney what your contract says before you count on that.
Who pays, and what about condos
The law puts the duty to equip the home on the seller. The Massachusetts course outline for residential purchase and sale agreements lists a standard clause in which the seller delivers the certificate at closing. In practice the seller pays the fee and the cost of new alarms, and a buyer's lender often will not close without the certificate.
The state CO law covers every residence, so a condo unit still needs a CO inspection at sale. The smoke alarm statute (c.148 s.26F) covers residential buildings not regulated by other sections, and DFS says it applies to buildings of five or fewer units. DFS wrote its guide for one- and two-family homes only. For a condo, a three-family or a larger building, we could not verify the unit-level rules, so call the fire department. See our condo selling guide.
Penalties: section 26F says the general penalty section (c.148 s.30) does not apply to it, and we found no fine for a seller. The practical risk is a delayed closing, because the buyer's attorney or lender will want the paper.
Each town does it a little differently
Fire departments set their own fees, forms, days and lead times. In Melrose, Malden, Medford, Stoneham, Wakefield, Saugus, Lynn and Peabody, the town's fire department issues the certificate. The same goes for Reading, Winchester, Woburn, Everett, Revere, Danvers, Lynnfield, North Reading, Burlington and Arlington. Look on your town's fire department web page first and then call.
Have these ready: the year the house was built, any major renovation or addition and its permit date, and the number of bedrooms and levels. The inspector will ask for them to pick the right rule set.
If you are weighing a quick as-is sale, the certificate still applies. You can compare a cash offer with listing at the comparison tool, and see selling a house that needs work.