2026-10-30 · 4 min read · Orange County
What Smoke Alarm, Carbon Monoxide and Water Heater Rules Must We Meet Before We Sell?
The short answer
When you sell a single-family home in California, state law requires an operable smoke alarm, carbon monoxide alarms if the home has a gas appliance, fireplace or attached garage, and a water heater that's braced, anchored or strapped for earthquakes. You'll also give the buyer written statements about these items and about any noncompliant plumbing fixtures. Handling these before you list keeps your sale moving.
Which Safety Rules Apply When We Sell Our Home?
What smoke alarm, carbon monoxide and water heater rules must you meet before you sell your home in Orange County? California law covers all three, and each comes with a written statement you give the buyer during escrow.
I'm Jeanette Nelson, a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas. When a growing family is selling to move up, there's a lot going on at once, so I like to put these items on the prep list early so they're done before buyers walk through.
This article is general information, not legal advice. Your city may have additional rules, so check locally, and talk with a real estate attorney about questions specific to your home.
What Are the Smoke Alarm Rules?
California Health and Safety Code Section 13113.8 requires every single-family home that's sold to have an operable smoke alarm. The alarm must be approved and listed by the State Fire Marshal and installed following the State Fire Marshal's rules.
The same section requires the seller to give the buyer a written statement that the home meets the law. It can be part of the purchase contract, an addendum or a separate document, and it should be delivered as soon as practicable before title transfers.
If you're replacing battery-only alarms, Health and Safety Code Section 13114 says battery-only smoke alarms approved by the State Fire Marshal must have a nonreplaceable, nonremovable battery that lasts at least 10 years.
What Are the Carbon Monoxide Rules?
Health and Safety Code Section 17926 requires owners to install carbon monoxide devices approved by the State Fire Marshal in homes that have:
- A fossil fuel heater or appliance, such as a gas furnace, stove, dryer or water heater.
- A fireplace.
- An attached garage.
If your home has any of these, plan to have carbon monoxide alarms in place before you list.
What Are the Water Heater Rules?
Health and Safety Code Section 19211 requires all residential water heaters to be braced, anchored or strapped to resist falling or moving during an earthquake. The same section requires the seller to certify to the buyer in writing that the water heater complies.
If your straps are loose or missing, a licensed plumber can tell you what your water heater needs.
Is There a Plumbing Fixture Disclosure Too?
Yes. Civil Code Section 1102.155 requires sellers of single-family homes to disclose in writing whether the home has any noncompliant plumbing fixtures, such as older high-flow toilets, showerheads or faucets, as defined in a related section of the Civil Code. You don't have to replace them to sell. You do have to tell the buyer.
If you're already updating a bathroom before listing, newer water-saving fixtures can simplify this disclosure.
How Do We Get This Done Before Listing?
- Walk the house. Note every smoke alarm, carbon monoxide alarm and the water heater.
- Test the alarms. Press each test button and replace any that don't work or are past their date.
- Add carbon monoxide alarms if your home has gas appliances, a fireplace or an attached garage.
- Check the water heater straps. Make sure they're snug and secured to the wall.
- List your plumbing fixtures. Note any older toilets, showerheads or faucets for your disclosure.
- Keep receipts. Simple records help when you sign your statements in escrow.
The buyer's home inspector will often look at these same items, so having them done ahead avoids an easy repair request. If you're timing your sale around a move-up purchase, my articles on selling before you buy and getting your home ready with young kids at home can help you plan.
Let's Start With a Conversation
If you're getting ready to sell and move up, I'd be glad to walk your home with you and build a prep list so nothing slows you down. Call or text me at 714.366.8575 | DRE: 01397168, or contact me. Jeanette Nelson is a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas.
Frequently asked questions
Do I need a smoke alarm in every bedroom to sell?
State law requires an operable smoke alarm installed according to State Fire Marshal rules. The placement rules and your city's requirements decide how many, so check them for your home.
Does an electric home need carbon monoxide alarms?
The state requirement applies to homes with a fossil fuel heater or appliance, a fireplace or an attached garage. An all-electric home with none of those may not be covered.
Who signs the water heater statement?
The seller certifies in writing to the buyer that the water heater is braced, anchored or strapped.
Do I have to replace old toilets before I sell?
No. You must disclose noncompliant plumbing fixtures in writing. Replacing them is your choice.