Smoke Detector and Carbon Monoxide Detectors
Do you have a smoke detector and CO detector?
Pursuant to Public Act 13-272, which became effective as of January 1, 2014, before the conveyance of a residential real estate for occupancy by 1 or 2 families, the Seller(s) are required to either:
1. Execute an affidavit in compliance with the Public Act; or
2. Credit the Buyer(s) $250.00 at closing.
What does the Act require? Good question, and one not easily answered. The actual language of the Act is:
“Section 1. (NEW) Effective January 1, 2014 (a) Prior to transferring title to any real estate containing a residential building designed to be occupied by one or two families for which a building permit for new occupancy was issued prior to October 1, 2005, the transferor of such real estate shall present to the transferee an affidavit certifying (1) that such building permit for new occupancy was issued on or afterOctober 1, 1985, or that such residential building is equipped with smoke detection and warning equipment complying with this section,and (2) that such residential building is equipped with carbon monoxide detection and warning equipment complying with this section or does not pose a risk of carbon monoxide poisoning because such residential building does not contain a fuel-burning appliance, fireplace or attached garage.
(b) Any transferor who fails to comply with the provisions of subsection (a) of this section shall credit the transferee with the sum of two hundred fifty dollars at closing.
(c) Any smoke detection and warning equipment required pursuant to subsection (a) of this section shall (1) be capable of sensing visible orinvisible smoke particles, (2) be installed in accordance with the manufacturer’s instructions and in the immediate vicinity of each bedroom, (3) not exceed the standards under which such equipment was tested and approved, and (4) be capable of providing an alarm suitable to warn occupants when such equipment is activated. Such equipment may be operated using batteries.
(d) Any carbon monoxide detection and warning equipment required pursuant to subsection (a) of this section shall (1) be capable of detecting the amount of carbon monoxide present as a reading in parts per million, (2) be installed in accordance with the manufacturer’s instructions, (3) not exceed the standards under which such equipment was tested and approved, and (4) be capable of providing an alarm suitable to warn occupants when such equipment is activated. Such equipment may be operated using batteries.”
There is more of course (there always is) but that is the meat of the statute. So what does it require? A smoke Detector in the vicinity of each bedroom, installed in accordance with manufacturer’s instructions, capable of providing an alarm suitable to warn the occupants. It also requires that the smoke detector not exceed the standards under which the Detector was tested and approved.
Say what now?
When you installed the smoke detector, did you read the manufacturer’s testing standards, and results? Neither did we. So how do you sign an affidavit that it does not exceed them?
The CO Detector has no statutory requirement for locations, but the manufacturer’s instructions may give guidance. But again, is your installation exceeding the standards under which the unit was tested and approved?
When you sign the affidavit, are you taking on liability if there is a defect in the installation or use of the smoke detector? As this law has only been in effect since January 1, there is no guidance on that yet. Some sellers of residential real estate may be ready and able to sign the affidavit. Others may have questions. Still others may simply decide to credit the $250.00 to the Buyer and be done with it. Before you make a decision talk to your real estate professional.