SENATE DOCKET, NO. 2386        FILED ON: 1/21/2010

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2252



The Commonwealth of Massachusetts



In the Year Two Thousand Ten



An Act relative to the installation of approved smoke detectors in certain residential buildings or structures.


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Chapter 148 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking section 26D in its entirety and inserting in place thereof the following new section:-

 Section 26D. (a)  Notwithstanding any other general or special law to the contrary and without regard to the date of construction, every existing one or two family building or structure and every existing building or structure containing more than one, but less than six dwelling units, occupied in whole or in part for residential purposes shall, upon sale or transfer of such building or structure, be equipped by the seller with approved smoke detectors in accordance with the rules and regulations of the Board of Fire Prevention Regulations.  The head of the fire department shall inspect such building or structure at the time of sale or transfer for compliance with this section.

(b) For purposes of this section, the Board of Fire Prevention Regulations shall promulgate all necessary rules and regulations regarding approved smoke detectors for use in existing buildings, including, but not limited to:  the type, use, location, duration, power supply, monitoring, notification, method and manner of installation and all definitions related thereto, as it shall deem necessary for the protection of life and property.

(c) The head of the fire department shall enforce the provisions of this section.

(d) Nothing in this section shall abrogate the authority of the state board of building regulations and standards to regulate smoke detector requirements for the construction of new buildings and for existing buildings undergoing repair, alteration, addition, or change of use.

SECTION 2.   Chapter 148 of the General Laws, as so appearing is hereby further amended by striking section 26E in its entirety.

SECTION 3.   Chapter 148 of the General Laws, as so appearing, is hereby further amended by striking out section 26F in its entirety.