Nicole's Law Explained: Massachusetts CO Detector Requirements
Last verified: August 24, 2026
Nicole's Law is what Massachusetts calls M.G.L. chapter 148 section 26F 1/2, its carbon monoxide detector statute. The statute is named for Nicole Garofalo, a 7-year-old who died in Plymouth in 2005 after snow blocked the exhaust vent on her family's heating system and pushed carbon monoxide back into the home. Governor Mitt Romney signed the bill that fall and the alarm-installation provisions took effect March 31, 2006, making Massachusetts one of the first states to mandate CO alarms across covered residential occupancies regardless of building age or owner-occupied status. The framework includes owner and landlord operational duties, pre-transfer inspection workflow through local fire departments, and device standards tied to approved alarm pathways.
Massachusetts also has explicit anti-tampering language in section 27A, which can carry meaningful penalties when devices are intentionally disabled or removed. Because compliance combines statutory requirements with fire-code implementation details, owners should keep section-linked records for installation, testing, and correction before occupancy or transfer milestones.
For portfolio operators, the safest strategy is jurisdiction-specific execution with statewide statute citations in every compliance file. Keeping fire-department inspection records attached to transfer and lease files strengthens defensibility.
Key Takeaways
| Applies to homes? | Yes |
|---|---|
| Applies to rentals? | Yes |
| Applies to hotels/STRs? | Yes |
| Applies to schools? | Yes, under a condition |
| Applies to workplaces? | No |
Schools and workplaces
Schools: it depends, and the test is one you can apply to the building itself. Massachusetts deleted the occupancy list rather than the classroom, so the conditions alone decide, and it has kept that amendment across an edition change. Section 915.1.1 as adopted reads only "Carbon monoxide detection shall be provided where any of the conditions in Sections 915.1.2 through 915.1.6 exist", where the model limits itself to Group I-1, I-2, I-4 and R occupancies and Group E classrooms. The base moved from the 2015 International Building Code to the 2021 with the Tenth Edition of 780 CMR, which the Board of Building Regulations and Standards made "first effective on October 11, 2024 with a concurrency period, during which either the ninth or tenth edition building codes could be utilized". That period, extended once, ended on 30 June 2025, "at which time the tenth edition will be the only building code in effect". So a permit filed on or before 30 June 2025 could still have been taken out under the 2015-based Ninth Edition, and one filed after that date could not. The amendment reads word for word the same in both editions, so a project permitted on either side of either date meets the same test. That amendment is wider than the model rather than narrower, and it removes the occupancy argument entirely: a classroom is covered where it contains a fuel-burning appliance or fireplace, is served by a fuel-burning forced-air furnace, sits in a building holding such equipment with a communicating opening, or adjoins an attached private garage. Massachusetts leaves the classroom placement rule alone and then writes a way out of one condition, which is a shape worth reading in that order. Section 915.2 as Massachusetts prints it sends the reader to "Sections 915.2.1 through 915.2.4, or 915.2.5", so the model 915.2.3 stands: detectors in classrooms in Group E occupancies, with their alarm signals "automatically transmitted to an on-site location that is staffed by school personnel", excepting a Group E occupancy with an occupant load of 30 or less. The two Massachusetts additions at 915.2.4 and 915.2.5 cover newly installed fuel-fired equipment and alternative technical routes. The way out sits at 915.1.3, the forced-air-furnace condition, and it names classrooms expressly. Detection "shall not be required in dwelling units, sleeping units and classrooms if a carbon monoxide detector is provided in the first room or area served by each main duct leaving the furnace, the carbon monoxide alarm signals are automatically transmitted to an approved location, and notification is provided in accordance with 915.6". So a Massachusetts school on ducted fuel-fired heat can move the detectors to the duct outlets instead of the classrooms, and the price of doing it is automatic transmission either way. Transmission is the one thing neither route lets a district avoid. For a school already standing, Section 915.1 bridges to 527 CMR 1.00 section 13.7, whose 13.7.6 asks for alarms within ten feet of any bedroom door on every level, a rule written around dwellings that a school building will rarely engage.
Workplaces: Massachusetts places no carbon monoxide detection duty on an office, shop or other workplace. Federal and state occupational rules set an exposure limit for carbon monoxide in air; they do not require a detector to be installed, and this row is about installation. Deleting the occupancy list from Section 915.1.1 did not widen the SPACES the section reaches, and that distinction decides this. Sections 915.1.2 through 915.1.6 are written as duties in "dwelling units, sleeping units and classrooms", and Massachusetts left those sections alone, so an office, shop or factory is named in none of them however the occupancy gate reads. Nicole's Law, M.G.L. c. 148 section 26F1/2, is the other instrument and it reaches "every building occupied in whole or in part for residential purposes", which a workplace is not.
When Are CO Alarms Required?
- Buildings with fuel-burning appliances
- Buildings with attached garages
- Home sales or property transfers
- Residential occupancy pathways in section 26F 1/2 include covered conditions tied to combustion and enclosed parking risk.
Where to Install CO Alarms
- On each level of a dwelling unit, including finished basements and cellars, under 527 CMR 1.00 c 13.7.6. Crawl spaces and uninhabitable attics are the two exceptions, and unlike most states that carry that phrasing Massachusetts wrote it into its own carbon monoxide rule rather than borrowing it from a smoke alarm section.
- No more than ten feet from each bedroom door, measured in any direction, under 527 CMR 1.00 c 13.7.6.5(3). The alarm goes outside the bedroom; this does not displace the separate requirement for smoke alarms inside it.
- In a bedroom or its attached bathroom where fuel-burning equipment is installed in that room, under the property maintenance code, and on a story with a bedroom the alarm sits outside the bedroom at a minimum under 780 CMR 5313.4.3.
- Alarms must sound at a minimum of 85 dBA at ten feet under 780 CMR 5313.4.4, and a combination smoke and carbon monoxide device must carry a voice identification announcing which hazard it has detected.
For detailed placement guidance beyond legal requirements, see where to place carbon monoxide detectors.
Device Requirements
- Approved and operational carbon monoxide alarms in conformance with Massachusetts statutory and fire-code requirements.
- Combination smoke and CO devices are permitted when listing standards are satisfied.
Landlord and Tenant Responsibilities
Landlord: Landlords must provide and maintain required alarms for covered rental occupancy at tenancy start and ongoing operation. Provision: 26F 1/2.
Tenant: Occupants may not tamper with required alarm devices and should report deficiencies. Provision: 26F 1/2.
- Local fire department procedures drive practical inspection and sign-off timing in transfer and occupancy workflows.
Full Massachusetts landlord and tenant carbon monoxide duties, with citations
Rental CO Compliance Check 2 min
Check which CO alarm requirements likely apply to your rental in Massachusetts, whether you're a landlord or tenant.
Enforcement
Enforced by: Local fire departments enforce inspection and compliance workflow under Massachusetts statutory framework.
Enforcement typically occurs:
- At sale or transfer inspection checkpoints where compliance documentation is required.
- During enforcement response to missing, disabled, or noncompliant devices.
What a Tenant Can Do in Massachusetts
When a carbon monoxide alarm stops working in a rented home in Massachusetts, these are the five routes a tenant can take and where each one comes from.
"Via general law" means the Massachusetts carbon monoxide statute itself is silent and the remedy comes from the state's landlord-tenant law instead. The remedy is available even though the alarm rule does not contain it.
"No provision found" is a finding rather than a gap in the research: the chapter that would carry that remedy was read and contains nothing either way. What was read is named beside the row.
| Rent withholding | Via general lawM.G.L. c.239 8A. Framed as a defence and counterclaim in a possession case: the tenant claims the difference between the agreed rent and the fair value of the use and occupation. The owner must have known of the conditions before the tenant fell into arrears, and a written board of health inspection notice creates a presumption that the owner knew from the date it was received. The court may require the tenant to pay the fair value into court, and there is no recovery of possession where the counterclaim equals or exceeds what the landlord is owed, or where the tenant pays the balance within one week of the court's notice. |
|---|---|
| Repair and deduct | Via general lawM.G.L. c.111 127L. Capped at four months' rent in any twelve-month period or period of occupancy, whichever is shorter, computed on the highest monthly rent in that window. The gate is a certified violation of the standards of fitness for human habitation plus written notice to the owner, so this is not a remedy a tenant can start alone. |
| Right to end the lease | No provision foundSearched: M.G.L. chapter 186 (landlord and tenant), chapter 239 section 8A, chapter 111 sections 127A to 127L, and the State Sanitary Code at 105 CMR 410. No provision lets a tenant end the tenancy over an uncorrected code violation. The route is constructive eviction, which is common law, requires the condition to be serious enough to force the tenant out, and requires the tenant to leave, so it ends the tenancy by abandonment rather than by a statutory right exercised on notice. |
| Notice the tenant must give | Via general lawM.G.L. c.111 127L; M.G.L. c.239 8A. No statutory waiting period attaches to anything the tenant sends, because the tenant's notice is not what starts the repair-and-deduct clocks. Those run from the code agency's written notice to the owner. A tenant's own written notice still matters for the 8A defence, where it goes to proving the owner knew, and an inspection notice does the same job by presumption. |
| Landlord cure period | Via general law, 14 daysM.G.L. c.111 127L. Two clocks inside one section, both running from the written notice: five days to begin the repairs or contract for them, fourteen days to substantially complete them. A shorter period can be ordered, which is the opening for a live CO hazard. The fourteen days is recorded here because it is the point at which the tenant's own remedy becomes available. |
Applies to every row above:Nicole's Law and the State Sanitary Code put the alarm duty on the owner and neither creates a tenant remedy, so all five columns come from general law. Massachusetts then differs from every other state in the fifty-one in one structural way: its strongest remedy is gated on an official certification rather than on the tenant's own letter. Missouri asks for a municipal certification too, but only where the landlord disputes the repair in writing. Here it is the default. The repair-and-deduct clocks in c.111 127L run from a board of health or code enforcement certification and written notice to the owner, which means the practical first step for a Massachusetts tenant is to call the board of health, not to write to the landlord. The trade for that extra step is the highest ceiling any capping state puts on a single repair, four months' rent, against California's one and Illinois's $500. Two things a reader should have beside that: five states cap nothing at all, and Hawaii allows more across a year, three months' rent every six months against the four months Massachusetts allows every twelve.
What Massachusetts Requires in Lodging
The Massachusetts carbon monoxide requirement reaches hotels and short-term rentals.
Hotels already standing: covered too. The Massachusetts requirement reaches an existing hotel and not only one being built.
Operator duty: Two instruments and the building code decides which one applies. For an existing hotel the route is M.G.L. c. 148 section 26F1/2 and 527 CMR 1.00 section 13.7, which the state building code itself points at: Massachusetts amends Section 915.1 of the building code to read that carbon monoxide detection "shall be installed in existing buildings in accordance with 527 CMR 1.00: 13.7". For new construction and for work that brings the building code into play, Section 915 governs, and Massachusetts has amended 915.1.1 to drop the model's occupancy list altogether: detection is required "where any of the conditions in Sections 915.1.2 through 915.1.6 exist", with no Group I or R qualifier to argue about. Section 915.2.2 then puts the detection inside the guest room unless neither the room nor its attached bathroom holds a fuel-burning appliance and no forced-air furnace serves it.
Penalties for Non-Compliance
M.G.L. chapter 148 section 27A prohibits disabling or removing required detection devices and provides penalty exposure that can include fines and imprisonment.
M.G.L. c.148 section 27A.
Additional Notes
- Massachusetts compliance execution should combine statute sections with local fire department process.
- Operators should confirm municipality-specific inspection scheduling before transfer deadlines.
Official Sources & References
- Board of Building Regulations and Standards, Tenth Edition of the Massachusetts State Building Code, 780 CMR , Effective date, base I-Codes and the ninth-edition concurrency period (state code, accessed 2026-08-24)
Massachusetts changed edition over eight and a half months rather than overnight, and this is the page where the Board says so. Read on 2026-08-24 through r.jina.ai; mass.gov answers HTTP 403 to a direct fetch. The Tenth Edition "became first effective on October 11, 2024 with a concurrency period, during which either the ninth or tenth edition building codes could be utilized", and that period "ends June 30, 2025, at which time the tenth edition will be the only building code in effect". It relies on modified versions of the 2021 IBC, IRC, IEBC, IECC, IMC, ISPSC and IFC. The concurrency window matters to anyone dating a permit, because the Ninth Edition and its 2015 base stayed available for eight and a half months after the Tenth Edition took effect. - Massachusetts State Building Code, 780 CMR, Section 915 Carbon Monoxide Detection , 915.1 with its pointer to 527 CMR 1.00 13.7; 915.1.1 as amended; 915.2.1 dwelling units and 915.2.2 sleeping units (building code, accessed 2026-08-09)
Massachusetts amends Section 915.1 so that "carbon monoxide detection shall be installed in existing buildings in accordance with 527 CMR 1.00: 13.7", which is the bridge between the building code and the fire code the record already cites. It also amends 915.1.1 by deleting the model's occupancy list: the text reads only "Carbon monoxide detection shall be provided where any of the conditions in Sections 915.1.2 through 915.1.6 exist", where the model limits itself to Group I-1, I-2, I-4 and R occupancies and Group E classrooms. 915.2.2 requires detection inside sleeping units, with the outside-the-sleeping-area placement available only where the room and its attached bathroom hold no fuel-burning appliance and no forced-air furnace serves them. Read from the Massachusetts jurisdiction view on 2026-08-09; malegislature.gov refused connections and mass.gov answered HTTP 403. - Massachusetts General Laws chapter 148 section 26F 1/2 , 26F 1/2 (state code, accessed 2026-02-16)
Primary statutory framework for Massachusetts carbon monoxide alarm requirements and transfer compliance. - Massachusetts General Laws chapter 148 section 27A , 27A (state code, accessed 2026-02-16)
Anti-tampering and penalty language relevant to required detection devices. - Massachusetts General Laws chapter 148 section 26F 1/2 (inspection and transfer context) , Sale and transfer compliance portions (state code, accessed 2026-02-16)
Supports transaction-stage compliance and inspection workflow details. - Massachusetts law about carbon monoxide detectors (official state guidance) , Statute and fire-code reference summary (agency guidance, accessed 2026-02-17)
Official guidance index that consolidates statute and implementation references. - Boston Fire Department, Fire Prevention Division, Carbon Monoxide Detectors, reprinting 527 CMR 1.00 c 13.7.6 and Massachusetts State Building Code 780 CMR 5313.4 , 527 CMR 1.00 c 13.7.6, location and device types; 780 CMR 5313.4.3 required locations, 5313.4.4 alarm intensity, 5313.4.5 maintenance (fire code, accessed 2026-08-20)
Read verbatim on 2026-08-20 for two things the page previously took from an encyclopedia. It gives the effective date as 31 March 2006, which settles the disagreement between the summary and the old source note, and it reproduces the placement rule the page had been gesturing at without citing: the alarm "shall be located in each level of a dwelling unit including finished basements and cellars but not including crawl spaces and uninhabitable attics", with 780 CMR 5313.4.3 repeating the exclusion in parentheses, an alarm no more than ten feet outside any bedroom door, and 85 dBA at ten feet. - Town of Provincetown, Massachusetts, Nicole's Law , Origin of the statute and what it requires (agency guidance, accessed 2026-08-20)
An official Massachusetts municipal government page carrying the origin facts the summary states: "7-year-old Nicole Garofalo, who died in January 2005 when a heating vent in her house was blocked by snow drifts, allowing carbon monoxide to accumulate in the home", and that Massachusetts passed the law in 2005 reaching residences with any carbon monoxide source. It replaces a general-encyclopedia citation that carried the same facts at one remove and gave the effective date as April 2006, which is wrong.
Disclaimer: This page explains the law as it stood on August 24, 2026. It is general information, not legal advice, and reading it creates no attorney-client relationship. Requirements vary by city, county and building type, and statutes and codes are amended: confirm the current text with the issuing authority before acting on it. Each requirement here cites the instrument it comes from, so you can check it at source.
Frequently Asked Questions
For Massachusetts audits, which statutory reference establishes CO alarm authority?
Are Massachusetts rentals and owner-occupied homes both covered?
What happens at sale or transfer in Massachusetts?
What penalties apply for disabling required alarms in Massachusetts?
How do Massachusetts requirements compare with Rhode Island workflows?
Practical CO Detector Guides
Beyond legal requirements, these guides help you choose, install, and maintain CO alarms:
- Where to place carbon monoxide detectors, room-by-room placement recommendations
- CO detector beeping patterns, what different alarms mean
- What to do if your detector goes off, emergency response checklist
- CO resources and links, official agencies and safety information