N.Y. MRE Law § 15 — New York Code / Act MRE / Article 2 / Section 15
Smoke detecting devices
Status: in_force

§ 15. Smoke detecting devices. 1. This section shall apply to all\nmultiple dwellings, whenever constructed, provided however, that for the\npurposes of this section the term "multiple dwelling" shall also include\nany dwelling accommodation used as a temporary or permanent residence\nlocated in any building owned as a condominium or cooperative.\n  2. (a) The owner of every multiple dwelling to which the provisions of\nthis section apply shall equip each apartment or other separate living\nunit in such multiple dwelling with approved and operational smoke\ndetecting devices in conformity with the state fire prevention and\nbuilding code; provided, however, that any multiple dwelling not subject\nto the provisions of such code may, in the alternative, be equipped with\nbattery-operated smoke detecting devices of a type accepted by the\ndivision of housing and community renewal.\n  (b) In hotels, tourist houses, lodging houses, rooming houses,\nboarding houses, boarding and nursery schools, furnished room houses,\nclub houses, sorority and fraternity houses, college and school\ndormitories, convalescent, old age and nursing homes, any dwelling which\nis two or more stories in height, with five or more boarders, roomers or\nlodgers residing with any one family, and any multiple dwelling used for\nsingle room occupancy, at least one smoke detecting device shall be\nlocated within each room used for sleeping purposes. In any other\nmultiple dwelling or portion thereof, there shall be at least one smoke\ndetecting device located within each apartment or separate living unit,\nin an area so that it is clearly audible in each bedroom or other room\nused for sleeping purposes, with intervening doors closed; provided,\nhowever, that no smoke detecting device be located more than ten feet\nfrom the entrance to any bedroom or other room used for sleeping\npurposes.\n  (c) Each smoke detecting device shall include a test device to permit\nthe occupant to readily determine if it is operational.\n  (d) In addition to complying with the provisions of this section, the\ntype, location, number, and manner of installation of smoke detecting\ndevices shall be in accordance with standards prescribed by the state\nfire prevention and building code council.\n  3. (a) With respect to multiple dwellings which are occupied for\npermanent residential purposes only, other than any portion of any such\ndwelling used for single room occupancy, and notwithstanding the\nprovisions of sections forty and one hundred seventy-four or any other\nprovision of this chapter, or of any other law or requirement, state or\nlocal, the duties of the owner and tenant with respect to smoke\ndetecting devices installed pursuant to this section shall be as\nprovided in subdivisions four and five of this section.\n  (b) With respect to multiple dwelling units as specified in paragraph\n(b) of subdivision two of this section, or any portion of any multiple\ndwelling used for single room occupancy, the provisions of subdivision\nfive of this section shall not apply, and smoke detecting devices\ninstalled as required by this section shall be subject to the provisions\nof section forty or one hundred seventy-four of this chapter.\n  (c) The owner of every multiple dwelling shall keep such records as\nthe state fire prevention and building code council shall prescribe\nrelating to the installation and maintenance of smoke detecting devices\nin the building and make such records available to any local code\nenforcement official on request.\n  4. In addition to initially providing and installing the smoke\ndetecting devices, the owner shall:\n  (a) replace within thirty days after the receipt of written notice any\nsuch device which becomes inoperable within one year of the installation\nof such device due to a defect in the manufacture of such device and\nthrough no fault of the occupant of the apartment or other unit;\n  (b) upon the occurrence of a vacancy, replace or properly equip any\nsuch device which has been removed or rendered inoperable, so as to\nprovide operational smoke detecting devices for any new tenant; and\n  (c) notify tenants in writing, individually or through posting of a\nnotice in a common area of the building, of the respective duties of\nowners and tenants under this section.\n  5. Except as provided in paragraph (b) of subdivision three of this\nsection, the tenant shall keep and maintain any smoke detecting device\ninstalled pursuant to this section in good repair and replace any such\ndevice which becomes inoperable during his occupancy.\n  6. An owner need not furnish or install a smoke detecting device where\none has already been installed, provided that (a) the type of such\ndevice and the manner of its installation comply with the provisions of\nthis section and the standards prescribed by the state fire prevention\nand building code council, (b) the existing device is tested and found\nto be operational, and (c) the existence of such device in lieu of an\nowner-furnished device is noted on the records kept by the owner\npursuant to paragraph (c) of subdivision three of this section.\n