SENATE DOCKET, NO. 2705        FILED ON: 7/21/2010

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2556

The Commonwealth of Massachusetts

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In the Year Two Thousand Ten

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An Act relative to the installation of approved smoke detectors in certain residential buildings and 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  is hereby amended by striking out section 26D, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-

 Section 26D. (a)  Notwithstanding any general or special law to the contrary and without regard to the date of construction, every existing 1 or 2 family building or structure and every existing building or structure containing more than 1, but fewer than 6 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 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. Section 10A of said chapter 148, as so appearing, is hereby amended by striking out, in line 15, the figure “26F” and inserting in place thereof the following figure:-  26D.