NY Mult Dwell L § 68 (2021)
2021 New York Laws MDW - Multiple Dwelling Article 3 - Multiple Dwellings--General Provisions Title 2 - Fire Protection and Safety 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.