Cal. Civ. Code § 26E
Residential buildings or structures; installation of smoke detectors
Operative Text
Section 26E. (a) All one and two family dwellings occupied in whole or in part for residential purposes and not regulated by section twenty-six A or twenty-six B shall be equipped with approved smoke detectors. Owners of such buildings or structures shall install either an approved monitored battery powered smoke detector or an approved primary power smoke detector on each level of habitation and on the basement level; provided, however, that the head of the fire department shall allow the installation of approved monitored battery powered smoke detectors. Such approved smoke detectors shall be installed in the following manner; an approved smoke detector shall be installed on the ceiling of each stairway leading to the floor above, near the base of, but not within each stairway and an approved smoke detector shall be installed outside each separate sleeping area. (b) Buildings or structures occupied in whole or in part for residential purposes and containing not less than three nor more than five units and not regulated by section twenty-six A, twenty-six B or twenty-six C shall be equipped with approved smoke detectors. Owners of such buildings or structures shall install either an approved monitored battery powered smoke detector or an approved primary power smoke detector outside each separate sleeping area; provided, however, that the head of the fire department shall allow the installation of approved monitored battery powered smoke detectors; and provided, further, that in all common hallways and basements of said residential buildings or structures a series of interconnected approved primary power smoke detectors shall be installed. (c) For the purposes of this section, approved primary power shall mean an alternating current primary source of electric power furnished by an electric power or light company municipally operated or operating under the authority of the department of telecommunications and energy which is the primary source of electricity or is a secondary source but is permanently wired thereto and will become operational upon the failure of the primary source of power. (d) The head of the fire department shall enforce the provisions of this section. The provisions of section thirty shall not apply to this section.
Mass. Gen. Laws c. 148 § 26E establishes smoke detector requirements for smaller residential buildings in Massachusetts that fall outside the scope of related statutes. For one- and two-family homes, the rule requires approved smoke detectors on every level of habitation, in the basement, at stairway ceilings, near stair bases, and outside each sleeping area. For buildings with three to five units, detectors must be placed outside each sleeping area, and common hallways and basements must have a series of interconnected primary-power detectors. Detectors must be either an approved monitored battery-powered type or an approved primary-power (hardwired AC) unit, as defined in the statute.
Plain English — not legal advice.
Property owners and managers subject to Mass. Gen. Laws c. 148 § 26E generally ensure that every covered building is outfitted with detectors of an approved type — either monitored battery-powered or primary-power — placed in all locations the statute specifies before occupancy and maintained thereafter. For one- and two-family dwellings, compliant operators typically document detector placement on each habitable level, the basement, stairway ceilings, stair bases, and outside sleeping areas. For three-to-five-unit buildings, operators also confirm that common hallways and basements contain interconnected primary-power detectors, and they coordinate with the local fire department head, who holds enforcement authority under § 26E(d), when questions arise about approved equipment or installation methods.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in one-to-five-unit residential buildings in Massachusetts may have protections under Mass. Gen. Laws c. 148 § 26E if their unit lacks properly installed, approved smoke detectors in the locations the statute requires. Because the head of the local fire department is designated as the enforcement authority under § 26E(d), tenants who believe detectors are missing or non-compliant can generally report the concern to that department. Tenant-rights organizations and legal aid offices can help residents understand what documentation to gather and what general options — such as raising a code violation in a housing proceeding — may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.