Researcher: GM Page 1 4/3/23
OLR Bill Analysis
sHB 6580
AN ACT REVISING CERTAIN CERTIFICATION REQUIREMENTS
RELATED TO SMOKE AND CARBON MONOXIDE DETECTORS IN
RESIDENTIAL BUILDINGS.
SUMMARY
This bill makes several changes to a smoke and carbon monoxide
detector disclosure law. Under current law, before transferring title to a
one- or two-family residence, the transferor (e.g., seller), with some
exceptions, must either give the transferee (e.g., buyer) an affidavit
certifying certain conditions or credit the transferee with $250 at the
closing. The affidavit must certify that the residence has:
1. smoke detection and warning equipment (i.e., smoke detectors)
that satisfy specified conditions in the law (see BACKGROUND),
the Fire Safety Code, the State Fire Prevention Code, and the State
Building Code; and
2. either (a) carbon monoxide detection and warning equipment
(i.e., carbon monoxide detectors) that satisfy the law’s conditions
(see BACKGROUND) or (b) does not pose a risk of carbon
monoxide poisoning because it does not have a fuel-burning
appliance, fireplace, or attached garage.
The bill instead requires, at the time of the transaction’s closing, the
transferor to present a compliance form, signed and dated by the
transferor, rather than an affidavit. The transferor must make the same
certifications as under current law, except the bill eliminates the
requirement that the transferor certify that the smoke detectors satisfy
the above fire and building codes. Under the bill, as is the case under
current law with the affidavit, nothing in the compliance form may
constitute a warranty beyond the transfer of title. 2023HB-06580-R000354-BA.DOCX
Researcher: GM Page 2 4/3/23
The bill also eliminates the $250 credit option. Instead, if the
transferee notifies the transferor by certified mail, within 10 days after
the closing date, that the residence lacks any of the required smoke or
carbon monoxide detectors or that the detectors are inoperable, the bill
requires the transferor, within 10 days after receiving the notice, to
comply with the law as amended by the bill (see COMMENT).
The bill also specifies that a violation of this law will not create a
defect in title.
EFFECTIVE DATE: October 1, 2023
BACKGROUND
Smoke Detector Conditions
By law, the residence’s smoke detectors must be:
1. able to sense visible or invisible smoke particles,
2. installed following the manufacturer’s instructions and in the
immediate vicinity of each bedroom, and
3. capable of giving an alarm suitable to warn occupants when
activated.
The law also requires:
1. the smoke detectors to be powered by the household electrical
service, but allows residences issued a new occupancy building
permit before October 1, 1976, to have battery-operated detectors;
2. for residences issued a new occupancy building permit on or
after October 16, 1989, that their smoke detectors be
interconnected so that the activation of one smoke detector alarm
in the residence causes all the alarms for all its smoke detectors
to activate; and
3. for residences issued a new occupancy building permit on or
after May 1, 1999, that smoke detectors be in all sleeping areas. 2023HB-06580-R000354-BA.DOCX
Researcher: GM Page 3 4/3/23
Carbon Monoxide Detector Conditions
By law the carbon monoxide detectors must be able to (1) sense the
amount of carbon monoxide present in parts per million and (2) give an
alarm suitable to warn occupants when activated. The law also requires
them to be installed according to the manufacturer’s instructions and
allows them to be battery-operated.
COMMENT
Incomplete Information and Internal Conflict
It is unclear how a transferor must “comply” with this law if the
residence he or she transferred lacks the satisfactory smoke or carbon
monoxide detectors or has detectors that are inoperable. The statute
currently, and as amended by the bill, does not explicitly require
transferors to correct or install satisfactory equipment before
transferring a residence. Even if the provision were read to require the
transferor to install new or repair old equipment, doing so would create
a warranty that would conflict internally with the provision stating that
nothing in the compliance form may constitute a warranty beyond the
transfer of title.
COMMITTEE ACTION
Public Safety and Security Committee
Joint Favorable Substitute
Yea 25 Nay 0 (03/16/2023)