Pennsylvania’s carbon monoxide act speaks to alarms at a house sale. Its sale rule is a disclosure rule. The seller discloses information about the installation of carbon monoxide detectors. That goes on the property disclosure statement. Smoke detector requirements are a separate matter. The written report is the document to read. Under InterNACHI’s Standards of Practice, the inspector inspects for the presence of smoke and carbon monoxide detectors. The inspector reports their absence. But the inspector isn’t required to operate or test them.
So a disclosure answer isn’t proof that an alarm works. Neither is a detector on the ceiling. That same act leaves room for a municipality to adopt equal or more stringent carbon monoxide requirements. And the Standards list compliance with codes or regulations among the things the inspector is not required to determine. No installation steps here. This is general information for buyers, not legal, safety or insurance advice.
What Are the Smoke Detector Requirements in a Pennsylvania House Sale?
Pennsylvania’s Carbon Monoxide Alarm Standards Act (Act 121 of 2013) speaks to the sale of a residential building and is about carbon monoxide. The seller shall disclose information about the installation of carbon monoxide detectors. That goes on the property disclosure statement Pennsylvania’s seller disclosure chapter requires.
The Act defines a residential building. The definition covers detached one-family and two-family dwellings and multiple single-family dwellings. Those dwellings run up to three stories in height, with a separate means of egress, and the definition includes accessory structures. The Act also describes itself as providing standards for carbon monoxide alarms. That’s its subject. For smoke detectors, the document a buyer can read is the written inspection report.
The Act does write an installation duty elsewhere — for apartments in multifamily dwellings with a fossil fuel-burning heater or appliance, a fireplace, or an attached garage — and it sets duties for rental properties, neither of which is a house sale.
Which kinds of houses fall inside that definition is a question for your real estate agent. Ask how it applies to the house you want to buy.
What Does the Inspector Check for Smoke and Carbon Monoxide Detectors?
InterNACHI’s Standards of Practice say the inspector shall inspect for the presence of smoke and carbon monoxide detectors. The Standards also say the inspector shall report their absence as in need of correction. Presence and absence are both on the list. So the report speaks to whether the detectors are there.
The Standards also say the inspector is not required to operate or test smoke or carbon monoxide detectors or alarms. So a report line can note that a detector is present. It doesn’t say the detector was operated. Presence isn’t proof. Ask the inspector which alarms, if any, were operated.
The Standards define a home inspection as a non-invasive, visual examination of the accessible areas of a residential property. A visual inspection can report what’s visible on the day.
In our post on yellowed smoke detectors, we say smoke and carbon monoxide alarms are a standard part of a home inspection, not an afterthought.
During a home inspection, one of our licensed inspectors performs a visual examination of the structure and all major systems. We document every finding with photographs.
Can a Municipality Require More Than the State?
The Act leaves that door open. It says nothing in the Act shall be construed to prevent a municipality from adopting, by resolution, equal or more stringent requirements relating to carbon monoxide alarms. That’s the Act’s own language. It doesn’t say what any municipality has done.
So the rule for a particular house can depend on where it sits. We can tell you what the Act says, and no more. Ask the seller’s real estate agent what applies to the house. Ask the municipality too.
The Standards also list compliance with codes or regulations among the things the inspector is not required to determine, so the written report isn’t a code or municipal compliance answer.
What to Read Side by Side Before You Close
Put your questions in writing before you close. Write them down. Then read both documents side by side.
- What does the carbon monoxide answer on the seller’s property disclosure statement say?
- Do the smoke and carbon monoxide lines of the report note a detector present or absent where the inspector looked?
- Does the report note a missing detector in the same room as a fireplace?
- Which alarms, if any, did the inspector operate (ask the inspector)?
- Does the municipality add any alarm requirement at sale (ask the seller’s real estate agent and the municipality)?
Read side by side, both documents can give you something specific to bring to the seller and your real estate agent. Questions about the agreement of sale are for your real estate agent. Questions about what a municipality requires are for the municipality.
What If the Report Notes a Missing Detector?
The Standards have the inspector report the absence of smoke and/or carbon monoxide detectors as in need of correction. So a missing detector is a line to bring to the seller and your real estate agent. It’s an observation the report documents, not a verdict about the house.
Ask the seller what they know about it. Then talk with your real estate agent about the next step. Keep the conversation on what the report documents.
Frequently Asked Questions About Smoke and Carbon Monoxide Detectors
Does a home inspector test smoke detectors?
The Standards say the inspector inspects for the presence of smoke and carbon monoxide detectors. They also say the inspector shall report their absence as in need of correction. And they say the inspector is not required to operate or test them. We’ve published that these alarms are a standard part of a home inspection. Ask your inspector which alarms, if any, were operated.
Does Pennsylvania require the seller to disclose carbon monoxide detectors?
Per the Act, the seller shall disclose information regarding the installation of carbon monoxide detectors upon the sale of a residential building. That disclosure goes on the property disclosure statement. It’s disclosure of information, and nothing more. A disclosure answer isn’t proof that an alarm works.
What counts as a residential building under the Pennsylvania act?
The Act’s definition is detached one-family and two-family dwellings and multiple single-family dwellings. Those run up to three stories in height, with a separate means of egress. The definition includes accessory structures. That’s the Act’s own wording for a residential building. How it applies to a particular house is a question for your real estate agent.
Does a home inspection check code compliance?
The Standards list compliance with codes or regulations among the things the inspector is not required to determine. So the report doesn’t answer what a municipality requires. The Standards also define a home inspection as a non-invasive, visual examination of the accessible areas of a residential property. Questions about what applies to a particular house go to your real estate agent. The municipality is the other place to ask.
What if the house has a fireplace?
The Standards say the inspector shall report as in need of correction the lack of a smoke detector in the same room as the fireplace. The Standards say the same about the lack of a carbon monoxide detector in that room. So look for those lines in the written report. Read them the way you read the other detector lines.
Ask About the Alarms Before You Close
Inspection Professionals’ written report documents every finding with photographs and is delivered within 24 hours, so you can see the evidence for each finding rather than a summary.
As a general rule, a written report gives you something specific. You can bring it to the seller and your real estate agent.
A full home inspection gives you a written report to have in hand while you ask.
The whole-house list is in our guide to what a home inspector looks for.
If you’re buying in Bucks County, Montgomery County, Philadelphia or Delaware County, contact Inspection Professionals to talk through what a full home inspection documents before you weigh the smoke detector requirements for a house you want to buy.
