Purpose:
This policy outlines the responsibilities of both the Landlord (Lessor) and Tenant (Lessee) regarding the installation, maintenance, and use of smoke and carbon monoxide (CO) detectors in residential apartment rentals. This policy complies with Massachusetts state law, including the Massachusetts Smoke and Carbon Monoxide Detector Regulations.
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1. Landlord Responsibilities
1.1 Installation:
- The Landlord is responsible for installing smoke and carbon monoxide detectors in all rental units as required by Massachusetts state law.
- Smoke detectors must be placed:
- Inside each bedroom.
- Outside each sleeping area within 10 feet of the bedroom door.
- On every level of the unit, including basements.
- Carbon monoxide detectors must be installed:
- On every level of the unit, including basements.
- Near sleeping areas.
1.2 Initial Testing:
- The Landlord must ensure all detectors are functional before the start of a new tenancy.
1.3 Replacement and Compliance:
- Smoke detectors must be replaced every 10 years or as recommended by the manufacturer.
- Carbon monoxide detectors must be replaced as per manufacturer guidelines or sooner if they fail testing.
- Detectors must meet Massachusetts and federal standards, including photoelectric requirements where applicable.
1.4 Inspection and Certification:
- For properties being sold or undergoing tenancy changes, the Landlord must obtain a certificate of compliance from the local fire department, verifying that all detectors are operational and installed according to code.
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2. Tenant Responsibilities
2.1 Testing and Reporting Issues:
- Tenants must test smoke and carbon monoxide detectors monthly using the test button.
- Tenants must immediately notify the Landlord in writing if a detector is not functioning properly or if batteries need replacement.
2.2 Battery Maintenance:
- Tenants are responsible for replacing batteries in battery-operated smoke and carbon monoxide detectors, unless they are sealed units designed to last 10 years.
2.3 Tampering Prohibited:
- Tampering with, disabling, blocking, or removing smoke or carbon monoxide detectors is strictly prohibited and constitutes a violation of the lease agreement and Massachusetts law.
2.4 Notification of Emergencies:
- If a detector sounds an alarm, the Tenant must follow emergency procedures.
- Tenant must immediately report any defect, malfunction, or failure of any detectors to the Landlord. A malfunction of a detector is regarded as an emergency, and the Landlord may access the premises under emergency provisions outlined in the lease agreement.
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3. Emergency Access and Repairs
3.1 Landlord Access:
- The Landlord reserves the right to enter the rental unit, with proper notice, to inspect, repair, or replace smoke and carbon monoxide detectors.
3.2 Urgent Repairs:
- If a detector is reported as non-functional, the Landlord will repair or replace the unit within 24 hours of notification to ensure tenant safety.
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4. Compliance and Enforcement
4.1 Lease Violation:
- Failure to comply with this policy, including tampering with detectors or failing to report issues, is a violation of the lease agreement and may result in penalties, including lease termination.
4.2 Legal Compliance:
- This policy adheres to Massachusetts General Laws Chapter 148, Section 26F (smoke detectors) and Section 26F½ (carbon monoxide detectors), as well as relevant state and local regulations.
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5. Contact Information
For questions or concerns regarding this policy, tenants may contact the property management office at:
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6. Policy Updates
This policy will be reviewed annually and updated as necessary to ensure compliance with state and federal laws and to address tenant and operational needs.
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Effective Date: 23rd day of October 2023