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General Assembly Substitute Bill No. 6580
January Session, 2023
AN ACT REVISING CERTAIN CERTIFICATION REQUIREMENTS
RELATED TO SMOKE AND CARBON MONOXIDE DETECTORS IN
RESIDENTIAL BUILDINGS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 29-453 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2023): 2
(a) [Prior to transferring title to] At the time of closing on a 3
transaction involving any real property containing a residential 4
building designed to be occupied by one or two families, the transferor 5
of such real property shall present to the transferee [an affidavit] a 6
compliance form certifying (1) that such residential building is 7
equipped with smoke detection and warning equipment complying 8
with this section, [the Fire Safety Code, the State Fire Prevention Code 9
and the State Building Code,] and (2) that such residential building is 10
equipped with carbon monoxide detection and warning equipment 11
complying with this section or does not pose a risk of carbon 12
monoxide poisoning because such residential building does not 13
contain a fuel-burning appliance, fireplace or attached garage. Nothing 14
in the [affidavit] compliance form shall constitute a warranty beyond 15
the transfer of title. The compliance form shall be signed and dated by 16
the transferor. 17
(b) [Any transferor who fails to comply with the provisions of 18 Substitute Bill No. 6580
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subsection (a) of this section shall credit the transferee with the sum of 19
two hundred fifty dollars at closing] If the transferee notifies the 20
transferor, by certified mail, not later than ten days after the date of 21
closing that the residential dwelling lacks any smoke detection and 22
warning equipment or carbon monoxide detection and warnin g 23
equipment as required by this section, or that any such equipment is 24
inoperable, the transferor shall, not later than ten days after receiving 25
such notice, comply with the provisions of this section. A violation of 26
the provisions of this section shall not create a defect in title. 27
(c) Any smoke detection and warning equipment required pursuant 28
to subsection (a) of this section shall be: 29
(1) Capable of sensing visible or invisible smoke particles; 30
(2) Installed in accordance with the manufacturer's instructions and 31
in the immediate vicinity of each bedroom; 32
(3) Capable of providing an alarm suitable to warn occupants when 33
such equipment is activated; 34
(4) Powered by the household electrical service, except such 35
equipment may be battery powered in a residential building for which 36
a building permit for new occupancy was issued prior to October 1, 37
1976; 38
(5) In a residential building for which a building permit for new 39
occupancy was issued on or after October 16, 1989, interconnected in 40
such a manner that the activation of the alarm on any smoke detection 41
and warning equipment in the residential building causes the alarm on 42
all smoke detection and warning equipment in such building to 43
activate; and 44
(6) In a residential building for which a building permit for new 45
occupancy was issued on or after May 1, 1999, located in all sleeping 46
areas. 47 Substitute Bill No. 6580
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(d) Any carbon monoxide detection and warning equipment 48
required pursuant to subsection (a) of this section shall be (1) capable 49
of sensing carbon monoxide present in parts per million, (2) installed 50
in accordance with the manufacturer's instructions, and (3) capable of 51
providing an alarm suitable to warn occupants when such equipment 52
is activated. Such equipment may be operated using batteries. 53
(e) The following shall be exempt from the requirements of 54
subsections (a) and (b) of this section: (1) Any transfer from one or 55
more coowners solely to one or more of the other coowners; (2) 56
transfers made to the spouse, mother, father, brother, sister, child, 57
grandparent or grandchild of the transferor where no consideration is 58
paid; (3) transfers pursuant to an order of the court; (4) transfers by the 59
federal government or any political subdivision thereof; (5) transfers 60
by deed in lieu of foreclosure; (6) any transfer of title incident to the 61
refinancing of an existing debt secured by a mortgage; (7) transfers by 62
mortgage deed or other instrument to secure a debt where the 63
transferor's title to the real property being transferred is subject to a 64
preexisting debt secured by a mortgage; and (8) transfers made by 65
executors, administrators, trustees or conservators. 66
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 29-453
PS Joint Favorable Subst.