Obtaining a Smoke / Carbon Monoxide Certificate during the COVID-19 Pandemic
/For residential real estate transactions in Massachusetts, the parties must obtain a certificate of inspection from a local fire department indicating that the property has been equipped with functioning and adequate smoke and carbon monoxide detectors. Specifically, MG.L. ch. 148 s. 26F mandates that the Seller in any residential real estate transaction in Massachusetts equip the property with smoke and CO detectors, and obtain certification from the local fire department. It is customary for a residential real estate attorney at any closing to receive the original certificate of inspection from the Sellers or the Listing Agent for the Seller prior to or at closing. Otherwise, the assigned attorney, as settlement agent, will suspend or reschedule the closing.
Due to the outbreak of of the novel coronavirus (COVID-19), many local Fire Departments have suspended inspections for the installation of approved smoke and carbon monoxide detectors. On March 20, 2020, Governor Baker issued an Executive Order permitting the deferral of smoke detector and carbon monoxide alarm certificate inspections as required under Sections 26F and 26F½ of MG.L. ch. 148 so long as:
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.
This Executive Order allows parties to shift the burden of installation and inspection to the Buyer, and defer such until after closing. However, Buyers and Sellers of real estate in Massachusetts should be aware that there are costs associated with the certification process and purchase of the detectors. It is recommended that parties speak to their real estate attorney to discuss a credit from the Seller to the Buyer to cover these costs, and a holdback or escrow from the sale proceeds to cover these costs. The Executive Order makes no mention of cost shifting and this can be an important issue for all parties.