AN ACT relating to residential safety.

2026 Regular Session Introduced by Beverly Chester-Burton and 3 co-sponsors

By 12/31/2026, every existing residential unit must have at least one working smoke detector (hardwired or 10-year battery) with a transfer affidavit at sale/lease.

to Licensing, Occupations, & Administrative Regulations (H)

#civilactions #fireprevention #firefightersandfiredepartments #housing #building #andconstruction #landlordandtenant #licensing #localmandate #property #publicsafety #realestate #safety

Summary of HB 326 (2026RS) – Kentucky

Purpose and intent

Establishes mandatory installation and verification of working smoke detectors in all existing residential units (single-family homes and multifamily buildings) in Kentucky.

Effective date: December 31, 2026.

Aims to improve residential fire safety by ensuring every dwelling/unit has a verified, long-lasting smoke detector.

Key provisions and changes

Installation requirement (deadline and scope):

By December 31, 2026, every existing single-family dwelling and multifamily residential unit must have at least one working smoke detector.
Detectors must be either:
Hardwired into the electrical circuit, or
Powered by a nonremovable, tamper-proof, 10-year lithium battery.

Condition of occupancy transactions:

Detectors must be installed prior to any sale, lease, change of ownership, or tenancy.

Verification and documentation:

Property owners, sellers, or lessors must test and provide a working smoke detector.
They must attest to the detector’s presence and functionality via a signed affidavit.
Affidavit delivery:
To the purchaser at real estate closing, or
To the lessee prior to tenancy.

Enforcement and penalties:

If the affidavit is not provided, a civil penalty may be assessed, not exceeding $500 per violation.
Enforcement authority: State Fire Marshal or local government authority (as designated by ordinance under KRS 227.320).

Professional liability clarification:

Licensed real estate professionals under KRS Chapter 324 are not liable for the actions or inactions of property owners or sellers under this section.

Administrative rulemaking:

The Department must promulgate a standard transfer affidavit form to be used by property owners, sellers, or lessors, in accordance with KRS Chapter 13A.

Who is affected

Homeowners and landlords of existing single-family and multifamily residential units.

Sellers and lessors involved in transfers of ownership or tenancy.

Real estate licensees (though protected from liability for noncompliance by others).

Local fire authorities and local governments enforcing the law, potentially with support from the State Fire Marshal.

Procedural and timeline aspects

Effective date: December 31, 2026.

Implementation steps:

Installations must be completed before any sale/lease/change in ownership or tenancy.
Affidavits must be provided at transaction close (to buyers) or prior to tenancy (to tenants).
The Department will issue a standardized affidavit form.

Penalties and enforcement:

Civil penalties up to $500 per violation for failure to provide the required affidavit.
Enforcement by State Fire Marshal or local authorities as designated.

Budgetary impact: Local government costs anticipated to be minimal to moderate, covering enforcement activities, potential training, inspections, and civil penalties.

Additional notes

The bill is framed as an “unofficial copy” and includes references to related Kentucky statutes (KRS chapters) for enforcement, transfer affidavits, and licensing.

Supporting materials indicate a broad reach to local governments and fire departments, with limited anticipated fiscal impact.

If you’d like, I can tailor this summary for a policy brief, a stakeholder briefing, or a quick-reference one-pager.