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Complying with the Emergency Order Allowing the Deferral of Smoke Detector Inspections

In March, MAR worked with the Department of Fire Services on an emergency order allowing the deferral of smoke detector and carbon monoxide alarm certificate inspections as required under Sections 26F and 26F½ of Chapter 148 of the General Laws. MAR has drafted language that you may use to satisfy the conditions of this emergency order. Submitting this addendum to the local fire department within 72-hours of the agreement being signed by the parties ensures that properties transferred during the state of emergency complete this important safety inspection.

In order to comply with the order:

  • The parties to the sale or transfer have agreed in writing that the buyer assumes responsibility for equipping the property with approved smoke detectors and carbon monoxide alarms.

  • The buyer agrees as a condition of taking title to equip the property with approved smoke detectors and carbon monoxide alarms immediately upon taking title.

  • An inspection as otherwise required under sections 26F and 26F½ occurs no more than 90 days after the state of emergency is lifted.

While this is not a mandatory form, MAR strongly encourages our members to implement this addendum into their transactions that may be unable to otherwise satisfy the smoke and carbon monoxide inspections requirements. Although the Governor’s Order does not mandate this provision, the MAR addendum does require that the buyer deliver the signed agreement within 72-hours. The state’s public safety leaders need to have confidence that there is a way to monitor and ensure that those properties transferred during the state of emergency are obtaining inspections within the parameters of the Governor’s Order. The 72-hour delivery requirement is a simple way to achieve this.

The Fire Prevention Association of MA and MAR Coordinated a survey to compile a list of local fire department contacts. To view, click here.

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