N.Y. Multiple Dwelling Law § 68: Smoke detecting devices

§ 68. Smoke detecting devices. 1. This section shall apply to all

multiple dwellings, whenever constructed, provided however, that for the

purposes of this section the term "multiple dwelling" shall also include

any dwelling accommodation used as a temporary or permanent residence

located in any building owned as a condominium or cooperative.

2. (a) The owner of every multiple dwelling to which the provisions of

this section apply shall equip each apartment or other separate living

unit in such multiple dwelling with approved and operational smoke

detecting devices in conformity with the state fire prevention and

building code; provided, however, that any multiple dwelling not subject

to the provisions of such code may, in the alternative, be equipped with

battery-operated smoke detecting devices of a type accepted by the

division of housing and community renewal.

(b) In hotels and other class B multiple dwellings, and in any portion

of a class A multiple dwelling used for single room occupancy, at least

one smoke detecting device shall be located within each room used for

sleeping purposes. In any other multiple dwelling or portion thereof,

there shall be at least one smoke detecting device located within each

apartment or separate living unit, in an area so that it is clearly

audible in each bedroom or other room used for sleeping purposes, with

intervening doors closed; provided, however, that no smoke detecting

device be located more than ten feet from the entrance to any bedroom or

other room used for sleeping purposes.

(c) Each smoke detecting device shall include a test device to permit

the occupant to readily determine if it is operational.

(d) In addition to complying with the provisions of this section, the

type, location, number, and manner of installation of smoke detecting

devices shall be in accordance with standards prescribed by the state

fire prevention and building code council.

3. (a) With respect to class A multiple dwellings, other than any

portion of any such dwelling used for single room occupancy, and

notwithstanding the provisions of section seventy-eight or any other

provision of this chapter, or of any law or requirement, state or local,

the duties of the owner and tenant with respect to smoke detecting

devices installed pursuant to this section shall be as provided in

subdivisions four and five of this section.

(b) With respect to a class B multiple dwelling, or any portion of a

class A multiple dwelling used for single room occupancy, the provisions

of subdivision five of this section shall not apply, and smoke detecting

devices installed as required by this section shall be subject to the

provisions of section seventy-eight of this chapter.

(c) The owner of every multiple dwelling shall keep such records as

the state fire prevention and building code council shall prescribe

relating to the installation and maintenance of smoke detecting devices

in the building and make such records available to any local code

enforcement official on request.

4. In addition to initially providing and installing the smoke

detecting devices, the owner shall:

(a) replace within thirty days after the receipt of written notice any

such device which becomes inoperable within one year of the installation

of such device due to a defect in the manufacture of such device and

through no fault of the occupant of the apartment or other unit;

(b) upon the occurrence of a vacancy, replace or properly equip any

such device which has been removed or rendered inoperable, so as to

provide operational smoke detecting devices for any new tenant; and

(c) notify tenants in writing, individually or through posting of a

notice in a common area of the building, of the respective duties of

owners and tenants under this section.

5. Except as provided in paragraph (b) of subdivision three of this

section, the tenant shall keep and maintain any smoke detecting device

installed pursuant to this section in good repair and replace any such

device which becomes inoperable during his occupancy.

6. An owner need not furnish or install a smoke detecting device where

one has already been installed, provided that (a) the type of such

device and the manner of its installation comply with the provisions of

this section and the standards prescribed by the state fire prevention

and building code council, (b) the existing device is tested and found

to be operational, and (c) the existence of such device in lieu of an

owner-furnished device is noted on the records kept by the owner

pursuant to paragraph (c) of subdivision three of this section.

7. This section shall not apply within cities with a population of one

million or more, provided however, any local law in such cities relating

to smoke detecting devices shall provide for the installation and

maintenance of smoke detecting devices in dwelling accommodations

located in buildings owned as condominiums or cooperatives.