California real estate disclosure laws California Real Estate Disclosures | Page 25

building. These exemptions are essentially the same as those that apply to
delivery of the Real Estate Transfer Disclosure Statement. (See Part I,
Section I, Subsection A, Item 2 – Real Estate Transfer Disclosure
Statement.)
(CAL. PUB. RES. §§2621 et. seq., 2690 et. seq.; CAL. BUS. & PROF. §§ 10147,
10149; CAL. CIV. §§2079.8, 2079.9; CAL. GOV’T §§ 8875 et. seq., 8893.2,
§8897 et. seq.)

C. Smoke Detector Statement of Compliance
Whenever a sale (or exchange) of a single family dwelling occurs, the seller
must provide the buyer with a written statement representing that the
property is in compliance with California law regarding smoke detectors.
Some local ordinances impose more stringent smoke detector requirements
than state law. Therefore, local city or county building or public safety
departments should be consulted regarding smoke detector requirements.
The State Building Code mandates that all existing dwelling units have a
smoke detector installed in a central location outside each sleeping area. In a
two-story home with bedrooms on both floors, at least two smoke detectors
would be required.
New construction, or any additions, alterations or repairs exceeding $1,000
and for which a permit is required, must include a smoke detector installed
in each bedroom and also at a point centrally located in a corridor or area
outside of the bedroom(s). This standard applies for the addition of one or
more bedrooms, no matter what the cost.
In new home construction, the smoke detector must be hard-wired, with a
battery backup. In existing dwellings, the detector may be battery operated.
(CAL. HEALTH & SAFETY § 13113.8; CAL. BUILDING CODE § 1210; STATE
FIRE MARSHALL REGULATIONS 740 et. seq.)

D. Disclosure Regarding Lead-Based Paint Hazards
Many housing units in California still contain lead-based paint. This paint
was banned for residential use in 1978. Lead-based paint can peel, chip, and
deteriorate into contaminated dust, thus becoming a hazard. A child’s
ingestion of the lead-laced chips or dust may result in learning disabilities,
delayed development or behavior disorders.
The federal Real Estate Disclosure and Notification Rule (the Rule) requires
that owners of “residential dwellings” built before 1978 to disclose to their
agents and to prospective buyers or lessees/renters the known presence of or
any information and any reports about lead-based paint and/or lead-based
paint hazards (e.g., location and condition of the painted surfaces, etc.). The

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