Substitute House Bill No. 6580
Public Act No. 23-164
AN ACT REVISING REQUIREMENTS FOR THE AFFIDAVIT
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 Section 29-453 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2023):
(a) [Prior to transferring title to] At the time of closing on a transaction
involving any real property containing a residential building designed
to be occupied by one or two families or containing a unit in a residential
common interest community, the transferor of such real property shall
present to the transferee an affidavit [certifying] stating (1) that such
residential building or unit is equipped with smoke detection and
warning equipment complying with this section, [the Fire Safety Code,
the State Fire Prevention Code and the State Building Code,] and (2) that
such residential building or unit 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 or unit does not contain a fuel-burning appliance, fireplace or
attached garage. Nothing in the affidavit shall constitute a warranty
beyond the transfer of title. The affidavit shall be signed and dated by
the transferor. Substitute House Bill No. 6580
Public Act No. 23-164 2 of 4
[(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)] (b) Any smoke detection and warning equipment required
pursuant to subsection (a) of this section shall: [be:
(1) Capable of sensing visible or invisible smoke particles;
(2) Installed in accordance with the manufacturer's instructions and
in the immediate vicinity of each bedroom;
(3) Capable of providing an alarm suitable to warn occupants when
such equipment is activated;
(4) Powered by the household electrical service, except such
equipment may be battery powered in a residential building for which
a building permit for new occupancy was issued prior to October 1,
1976;
(5) In a residential building for which a building permit for new
occupancy was issued on or after October 16, 1989, interconnected in
such a manner that the activation of the alarm on any smoke detection
and warning equipment in the residential building causes the alarm on
all smoke detection and warning equipment in such building to activate;
and
(6) In a residential building for which a building permit for new
occupancy was issued on or after May 1, 1999, located in all sleeping
areas.]
(1) Be installed in or in the immediate vicinity of each bedroom; and
(2) Produce an audible alarm when the equipment's test button is
depressed. Substitute House Bill No. 6580
Public Act No. 23-164 3 of 4
(c) The affidavit required by subsection (a) of this section shall
specify, if applicable, to the best of the transferor's knowledge whether
the smoke detection and warning equipment:
(1) Is battery powered;
(2) Is located in or in the immediate vicinity of each bedroom;
(3) Is powered by the household electrical service;
(4) Is interconnected in such a manner that activation of the alarm on
any such equipment in the residential building or unit causes the alarm
on all such equipment in the building or unit to activate, provided that
for any residential building or unit constructed prior to January 1, 1990,
a transferor may specify on the affidavit that the conditions requiring
such equipment to be interconnected are not applicable to the building
or unit; and
(5) Contains the following statement: "State law requires that all
properties have operable smoke and carbon monoxide detection and
warning equipment. This law is to save lives—your life, and the lives of
your family members and your pets—as well as to protect your
property.".
(d) The Office of the State Fire Marshal shall (1) in consultation with
an association representing the interests of realtors, a bar association
and an association representing the interests of fire marshals, develop a
model form that may be used for the affidavit required by subsection (a)
of this section, and (2) in consultation with an association representing
the interests of fire marshals, develop a guide outlining smoke detection
and warning equipment requirements to assist transferors with the
completion of such affidavit.
[(d)] (e) Any carbon monoxide detection and warning equipment
required pursuant to subsection (a) of this section [shall be (1) capable Substitute House Bill No. 6580
Public Act No. 23-164 4 of 4
of sensing carbon monoxide present in parts per million, (2) installed in
accordance with the manufacturer's instructions, and (3) capable of
providing an alarm suitable to warn occupants when such equipment is
activated. Such equipment] may be operated using batteries and shall
produce an audible alarm when the equipment's test button is
depressed.
[(e)] (f) The following shall be exempt from the requirements of
[subsections (a) and (b) of] this section: (1) Any transfer from one or
more coowners solely to one or more of the other coowners; (2) transfers
made to the spouse, mother, father, brother, sister, child, grandparent
or grandchild of the transferor where no consideration is paid; (3)
transfers pursuant to an order of the court; (4) transfers by the federal
government or any political subdivision thereof; (5) transfers by deed in
lieu of foreclosure; (6) any transfer of title incident to the refinancing of
an existing debt secured by a mortgage; (7) transfers by mortgage deed
or other instrument to secure a debt where the transferor's title to the
real property being transferred is subject to a preexisting debt secured
by a mortgage; [and] (8) transfers made by executors, administrators,
trustees or conservators; and (9) any transfer of property acquired by a
judgment of strict foreclosure or by foreclosure by sale.