New smoke detector law goes in effect April 1, 2019 in New York State
Several media outlets in New York are inaccurately reporting that sales and rentals of real property are subject to the requirements of a new smoke detector law that goes into effect on April 1, 2019. The articles and reports are claiming such things as, “If you’re going to sell your house, you’re not going to be able to sell it with open battery systems. You’re going to have to do it with the 10-year closed battery systems,” which is not an accurate statement.
According to the new law (General Business Law §399-ccc), the distribution, sale, offering for sale or importation of any solely battery operated (replaceable batteries like a 9-volt) is prohibited by law. All smoke detectors distributed, sold, offered to be sold or imported after April 1, 2019 must be hard wired or contain a 10-year non-removable and non-replaceable battery (sometimes referred to as a sealed battery).
It should be noted that real estate sales and rentals are not subject to the requirements of the new law, pursuant to the language contained within the law itself. According to section 3, “The provisions of this section shall not apply to solely battery-operated smoke detecting alarm devices powered by a replaceable, removable battery that have been ordered by, or are in the inventory of, owners, managing agents, contractors, wholesalers or retailers on or before the effective date of this section.”
As can be seen, the language specifically exempts owners and managing agents and as such, would make the requirements of the new law inapplicable to real estate transactions. However, if after April 1, 2019 the smoke detector needs to be replaced prior to or as part of the sale or rental, it must be replaced with a smoke detector that complies with the new law. The exemption only applies to pre-existing solely battery-operated smoke detectors.
Source: NY State Association of Realtors
