What do I have to certify about smoke alarms and the water heater when I sell?

You’re preparing to sell, and the paperwork asks about smoke alarms and the water heater. Before signing, you need to know what you’re certifying, which document can carry that statement, and whether carbon monoxide devices require another certificate.

For a covered transfer, California requires a written smoke alarm compliance statement. It also requires the seller of property containing a water heater covered by the statute to certify compliance with the water heater bracing requirements in writing. Carbon monoxide devices have a separate installation requirement, but the statute discussed here does not require a separate sale certificate.

This is general information and not legal advice.

What do you have to certify about smoke alarms?

You must give the buyer a written statement indicating compliance with Health and Safety Code 13113.8 when that section applies to your transfer.

The underlying requirement is concrete. Every single-family dwelling and factory-built housing covered by the section that is sold must have an operable smoke alarm. At installation, the alarm must be approved and listed by the State Fire Marshal and installed according to the State Fire Marshal’s regulations.

An alarm’s presence alone doesn’t answer the question. The statute calls for an operable alarm, and your written statement indicates compliance with the section.

For this law, “single-family dwelling” includes a one- or two-unit dwelling. It excludes manufactured homes and mobilehomes as the statute defines them. Keep that definition in mind before assuming the smoke alarm sale provision applies to a property.

This statement belongs alongside your other disclosure work. The California seller disclosure guide provides related reading as you organize the documents for your sale.

When and how do you deliver the smoke alarm statement?

For a sale or exchange, you must deliver the smoke alarm statement as soon as practicable before title transfers.

Section 13113.8 allows the statement to appear in the receipt for deposit, an addendum attached to it, or a separate document. The law requires the written statement; it doesn’t limit you to a standalone certificate.

Delivery means delivery in person or by mail to the buyer, or to someone authorized to act for the buyer. The section covers transfers by sale, exchange, or real property sales contract.

Don’t treat the signature as a substitute for checking the underlying condition. Before making the statement, establish that the dwelling has an operable alarm and that you can accurately state compliance.

If you’re unsure which transaction document carries the statement in your sale, ask your agent or an attorney. The statute’s permitted document formats do not establish what a particular purchase contract or disclosure form says.

Can a battery-operated smoke alarm satisfy the requirement?

A battery-operated smoke alarm can satisfy Section 13113.8 if it met the applicable standards when installed and local rules do not prohibit it.

That qualification matters. The statute does not support a blanket claim that every battery-operated alarm is acceptable. It refers to the standards adopted under Section 13114 at the time of installation and expressly accounts for local rules, regulations, and ordinances.

Local governments may enact or amend smoke alarm ordinances, provided those ordinances satisfy the section’s minimum requirements. Check the applicable local rules before relying on the state provision alone.

For alarm installation, follow the State Fire Marshal’s rules and the maker’s instructions. The statutory text discussed here does not provide a room-by-room placement plan, an alarm count, or a replacement schedule. Those details shouldn’t be guessed from the seller’s certification requirement.

The question is whether the alarm and installation satisfy the applicable requirements, not simply whether the device uses a battery.

Do carbon monoxide devices require a separate sale certificate?

Health and Safety Code 17926 requires installation in qualifying dwellings, but its text does not require a separate written carbon monoxide statement to the buyer at sale.

An owner must install a State Fire Marshal-approved and listed carbon monoxide device in each existing dwelling unit intended for human occupancy that has a fossil fuel-burning heater or appliance, a fireplace, or an attached garage. For existing single-family dwelling units, the statutory installation deadline was July 1, 2011.

The number and placement must be consistent with building standards for new construction or the manufacturer’s instructions, if technically feasible.

That’s a separate obligation from the smoke alarm statement. Don’t turn the carbon monoxide installation rule into a claim that Section 17926 requires another sale certificate.

Local carbon monoxide ordinances may also be enacted if consistent with the statute. For your property, establish whether the listed conditions apply and follow the applicable installation requirements. A question about paperwork shouldn’t obscure the owner’s obligation to install the device.

What must you certify about the water heater?

You must certify in writing to the prospective purchaser that Health and Safety Code 19211 has been complied with.

The section requires all new and replacement water heaters, and all existing residential water heaters, to be braced, anchored, or strapped to resist falling or horizontal displacement caused by earthquake motion. At a minimum, the work must meet the California Plumbing Code or modifications adopted by a city or county.

For this section, “water heater” means a standard water heater with a capacity of no more than 120 gallons for which a preengineered strapping kit is readily available. That definition sets the scope of the certification discussed here.

The written certification may be included in existing transaction documents. The statute names the Homeowner’s Guide to Earthquake Safety, a real estate sales contract or receipt for deposit, and a transfer disclosure statement under the specified Civil Code provisions.

Water heater restraint is a separate matter from the brace-and-bolt retrofit work discussed in the earthquake retrofits guide. Certifying the heater is not a statement that the home has been retrofitted.

Does the buyer have to inspect or test these items?

The smoke alarm and water heater statutes discussed here do not require the buyer to inspect the items or a third party to test them.

They require the seller’s written statement or certification. That distinction keeps the legal requirement clear: a seller’s duty to certify compliance is not, in these texts, a duty to obtain a third-party testing certificate.

You still need a sound basis for what you sign. Check the actual condition against the applicable requirements before making the statement. If you need help understanding that condition, the pre-listing inspection guide is related reading for preparing a property for sale.

Keep the document question separate from the condition question. Identifying a permitted place for the certification answers where it can go. It doesn’t establish that the alarm operates or that the water heater’s restraint meets the applicable code.

For questions about a particular form’s wording or your transaction’s requirements, ask your agent or an attorney.

What happens if the smoke alarm or carbon monoxide rule isn’t met?

Failure to comply with Section 13113.8 or Section 17926 does not invalidate a transfer of title.

Both sections state that the exclusive remedy for failure to comply is an award of actual damages up to $100, exclusive of court costs and attorney’s fees. That language does not support a claim that a missing device automatically stops the sale or cancels the contract.

Section 17926 also makes a violation an infraction carrying a fine of up to $200 per offense. The owner first receives a 30-day notice to correct.

Several kinds of transfer are exempt from Section 13113.8, including transfers by court order, transfers between co-owners, and certain transfers between spouses under a divorce decree or settlement. These are exemptions from that section, not a blanket exemption from every device requirement.

If an exemption appears relevant, ask your agent or an attorney to confirm its application. The transfer’s legal category matters more than the fact that the property is changing hands.

The short version

For a covered sale, provide the written smoke alarm compliance statement and the written water heater compliance certification, while treating carbon monoxide installation as a separate obligation.

Deliver the smoke alarm statement as soon as practicable before title transfers. Use a document the statute permits, and make sure the statement accurately reflects compliance. For the water heater, certify that the applicable bracing, anchoring, or strapping requirements have been met.

Section 17926 requires carbon monoxide devices in qualifying dwellings. It does not, in the text discussed here, require a separate written sale certificate.

Start with the property’s actual condition, then complete the paperwork that applies to your transfer. Follow the relevant installation rules and instructions, account for local requirements, and get advice on any uncertain exemption or form language before signing.

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