Must a landlord put smoke/CO alarms in their apartments?

Answer: Yes, a landlord must have hard-wired fire alarms in the common areas, and also, smoke detectors inside individual dwelling units.

smoke detector, carbon monoxide detector

Proof:

The state sanitary code says “see the fire regulations”:

410.482: Smoke Detectors and Carbon Monoxide Alarms

(A) Owners shall provide, install, and maintain in operable condition smoke detectors and carbon monoxide alarms in every dwelling that is required to be equipped with smoke detectors and carbon monoxide alarms in accordance with any provision of the Massachusetts General Laws and any applicable regulations of the State Board of Fire Prevention (527 CMR), State Board of Building Regulations and Standards (780 CMR), or the Board of Examiners of Plumbers and Gas Fitters (248 CMR).

The fire regulations are split into multiple parts.

Carbon monoxide detectors are required if there’s gas burned in the building or if there’s indoor parking, see section 31.04:

Smoke detectors are required in all the locations written out here, see 24.07(2). This includes protecting bedrooms inside each dwelling unit.

The only exception seems to be for studios, where you can put a detector in the stairwell for some reason.

Extra:

Landlords can require tenants to maintain the smoke detectors if it’s written in the rental agreement. There are new smoke detectors with tamper-proof ten year batteries. These should be installed anywhere tenants are not reliable when it comes to replacing batteries. Many tenants will remove the batteries from a beeping detector and just operate without this life-saving equipment.

As a landlord you want to protect tenants who don’t know better by making smoke detector sweeps (always give notice) or installing these tamper-proof or hardwired devices.

What Kind of Smoke Detectors and Carbon Monoxide Detectors do Landlords need to Provide?

what-kind-of-smoke-detectors

New Mass fire code effective December 1, 2016 requires landlords to update their units.

Landlords need to know what kind of smoke detectors and carbon monoxide detectors to install in their units. Remember that just because they were legal yesterday doesn’t mean they’re legal today! Here is part of the new Mass fire code effective December 1, 2016:

13.7.5.1.1 Nonrechargeable, Nonreplaceable Battery Power Alarms/Detectors
(1) Photoelectric technology shall be required for smoke alarms and detectors
(2) A silence button shall be required on each alarm and detector device within its control panel
(3) Each smoke alarm and detector device shall be equipped with a nonrechargeable battery
(4) Each smoke alarm and detector device shall be equipped with a nonreplaceable battery
(5) All power requirements for all smoke alarms and detectors are met for at least 10 years of
battery life, including weekly testing.
(6) All power requirements for combination alarms with smoke/carbon monoxide shall be
capable of powering the unit for its service life, including testing.

In plain English: anywhere you have smoke detectors or a carbon monoxide detector, they must have a 10-year permanent battery. Also, note that ionization smoke detectors are no longer counted. Smoke detectors must use “photoelectric technology.”

On the one hand, this is bad news, because photoelectric smoke detectors are expensive, and the sudden change in Mass fire code might mean they’re going to be expensive for a while.

On the other hand, ten year batteries are good for landlords. How many times have we cleaned up after a tenant move-out only to find one or all of the smoke detectors batteryless and thrown into a closet? Chirping detectors are an annoyance, especially in the middle of the night.  Ten year batteries help us all stay a little safer with a little less work and nuisance.

So pay attention to the new Mass fire code for smoke detectors and carbon monoxide detectors! The lives of your customers depend on it!

Related Pages:

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8 Responses to Must a landlord put smoke/CO alarms in their apartments?

  1. Julia says:

    I’m in a 1200 sq. ft. apartment with a single smoke detector in the little space between both bedrooms/kitchen/dining room. Ju

  2. Mary Clohecy says:

    Am I responsible to pay for a faulty smoke detector that the landlord installed if it has to be replaced.

    • Doug Quattrochi says:

      Mary,

      I am not an attorney, and it sounds like there may be a real or potential disagreement between you and the landlord about whether the detector was faulty on install or somehow was tampered with or disabled afterwards. If it was faulty on install it should have been tested at install, found faulty right away, and replaced right away. Usually if they work on install they work until the battery runs out.

      Smoke detectors are a life saving matter. Do not let a debate over cost delay the replacement of the detector. Get the detector back by any means, and afterwards, decide with your landlord and/or consult with an attorney about the money and who should pay.

  3. Sara says:

    W just moved in to a managed building in Chelsea, MA and 11/03/2018 and just realized there is no Smoke/CO Alarm in any room in the apartment,
    we have checked with the manger and said “we are working on them to have them installed in December!
    What can we do since we just moved there and we already feel unsafe!
    Thank you

  4. Laura says:

    My son is in an apt on Beacon Hill. They heard a commotion in the hallway and found firemen there. An alarm went off somewhere but no alarm sounded in their apartment. Apparently there are no hardwired alarms in the building. I thought it was a law to have hardwired smoke dectectors in apartment buildings. What should they do about this? They are getting the run-around from the fire department. This is very concerning!

    • Doug Quattrochi says:

      The law is complicated, and I am not an attorney. I wouldn’t automatically assume there should have been an alarm going off in your son’s apartment. Given that it’s in Boston and Boston units must be inspected, you should contact the owner or manager, express your concerns, and ask whether they have had their unit inspected by the city; ask if you can have a copy of the occupancy certificate.

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