California · H&S Code §§13113.8, 17926, 19211California smoke alarm, carbon monoxide and water heater bracing statement
A California single-family home that is sold must have an operable smoke alarm, and the seller must give the buyer a written statement of compliance as soon as practicable before transfer of title (Health and Safety Code §13113.8). Homes with a fossil-fuel heater or appliance, a fireplace or an attached garage must have carbon monoxide devices (§17926). The seller must also certify in writing that water heaters are braced, anchored or strapped against earthquake motion (§19211).
The three requirements
Smoke alarm (§13113.8)
Every single-family dwelling sold must have an operable smoke alarm approved and listed by the State Fire Marshal. The seller delivers a written compliance statement – in the purchase contract, an addendum or a separate document.
Carbon monoxide (§17926)
Owners must install approved CO devices in dwellings with a fossil-fuel heater or appliance, a fireplace or an attached garage, placed per building standards or the manufacturer's instructions.
Water heater (§19211)
All residential water heaters must be braced, anchored or strapped per the California Plumbing Code. The seller certifies compliance in writing, which may be in the contract, the TDS or the earthquake safety guide.
Timing
The smoke alarm statement is delivered as soon as practicable before transfer of title, or before signing a land sales contract (§13113.8(c)).
Good to know
- Exempt from the smoke alarm statement: transfers requiring a subdivision public report, court-ordered and foreclosure transfers and other listed transfers (§13113.8(d)).
- A failure to install CO devices does not invalidate the transfer; the exclusive remedy is actual damages up to $100 plus costs and attorney's fees (§17926(d)).
- Local ordinances may add retrofit requirements at sale – check the city or county.
What the TC tracks
- Combined smoke, CO and water heater statement signed by the seller and delivered to the buyer.
- Any repairs or installations agreed after inspection, with receipts.
- Local point-of-sale certificate if the city requires one.
Questions about California smoke, CO and water heater rules
Do you need smoke detectors to sell a house in California?
Yes. Every single-family dwelling sold must have an operable smoke alarm, and the seller gives the buyer a written compliance statement (Health and Safety Code §13113.8).
Are carbon monoxide detectors required when selling a home in California?
Dwellings with a fossil-fuel heater or appliance, a fireplace or an attached garage must have approved CO devices (§17926).
Does the water heater have to be strapped to sell a house in California?
Yes. Water heaters must be braced, anchored or strapped, and the seller certifies compliance in writing (§19211).
When is the smoke alarm statement delivered?
As soon as practicable before transfer of title in a sale (§13113.8(c)).
What happens if CO detectors are missing at closing?
The transfer is not invalidated; the exclusive remedy is actual damages up to $100, plus costs and attorney's fees (§17926(d)).
Related guides
Track the seller's smoke, CO and water heater statement and any agreed installations as tasks with owners and due dates in ClosingCode.
Start free trialSource: California Health and Safety Code §§13113.8, 17926, 19211 (leginfo.legislature.ca.gov, read October 24, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.