(a) Prior to transferring title to any real property containing a residential building designed to be occupied by one or two families, the transferor of such real property shall present to the transferee an affidavit certifying (1) that such residential building is equipped with smoke detection and warning equipment complying with this section, the Fire Safety Code, the State Fire Prevention Code and the State Building Code, and (2) that such residential building is equipped with carbon monoxide detection and warning equipment complying with this section or does not pose a risk of carbon monoxide poisoning because such residential building does not contain a fuel-burning appliance, fireplace or attached garage. Nothing in the affidavit shall constitute a warranty beyond the transfer of title.

Terms Used In Connecticut General Statutes 29-453

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(b) Any transferor who fails to comply with the provisions of subsection (a) of this section shall credit the transferee with the sum of two hundred fifty dollars at closing.

(c) Any smoke detection and warning equipment required pursuant to subsection (a) of this section shall be:

(1) Capable of sensing visible or invisible smoke particles;

(2) Installed in accordance with the manufacturer’s instructions and in the immediate vicinity of each bedroom;

(3) Capable of providing an alarm suitable to warn occupants when such equipment is activated;

(4) Powered by the household electrical service, except such equipment may be battery powered in a residential building for which a building permit for new occupancy was issued prior to October 1, 1976;

(5) In a residential building for which a building permit for new occupancy was issued on or after October 16, 1989, interconnected in such a manner that the activation of the alarm on any smoke detection and warning equipment in the residential building causes the alarm on all smoke detection and warning equipment in such building to activate; and

(6) In a residential building for which a building permit for new occupancy was issued on or after May 1, 1999, located in all sleeping areas.

(d) Any carbon monoxide detection and warning equipment required pursuant to subsection (a) of this section shall be (1) capable of sensing carbon monoxide present in parts per million, (2) installed in accordance with the manufacturer’s instructions, and (3) capable of providing an alarm suitable to warn occupants when such equipment is activated. Such equipment may be operated using batteries.

(e) The following shall be exempt from the requirements of subsections (a) and (b) of this section: (1) Any transfer from one or more coowners solely to one or more of the other coowners; (2) transfers made to the spouse, mother, father, brother, sister, child, grandparent or grandchild of the transferor where no consideration is paid; (3) transfers pursuant to an order of the court; (4) transfers by the federal government or any political subdivision thereof; (5) transfers by deed in lieu of foreclosure; (6) any transfer of title incident to the refinancing of an existing debt secured by a mortgage; (7) transfers by mortgage deed or other instrument to secure a debt where the transferor’s title to the real property being transferred is subject to a preexisting debt secured by a mortgage; and (8) transfers made by executors, administrators, trustees or conservators.