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a. General. The department shall develop a process, to be implemented by July 1, 2023, to periodically inspect certain self-closing doors in class A multiple dwellings in accordance with this section.
b. Multiple dwellings to be inspected. The department shall establish by rule criteria for annually selecting 300 class A multiple dwellings to be inspected pursuant to this section. Such criteria shall include, but need not be limited to, buildings identified in consultation with the fire department. Notwithstanding the criteria established by the department, the annual selection of multiple dwellings to be inspected pursuant to this section shall not include any building that: (i) is currently the subject of a court order appointing or a proceeding brought by the department seeking the appointment of an administrator pursuant to article 7-A of the real property actions and proceedings law, or (ii) has been included in the alternative enforcement program pursuant to section 27-2153 and has not been discharged from such program. Any multiple dwelling inspected under this section shall not be subject to inspection under this section again for at least five years.
c. Inspection process. Self-closing doors shall be inspected and tested in accordance with this section and applicable rules of the department promulgated pursuant to this section. The commissioner shall develop criteria to be used during the inspection of a self-closing door.
d. Inspection requirements. At each inspection conducted pursuant to subdivision c of this section, the department shall inspect self-closing doors in common areas, public spaces, hallways and corridors and reasonably accessible self-closing dwelling unit doors.
e. Annual report on self-closing doors.
1. No later than September 30, 2024, for the period of the prior fiscal year, and annually thereafter, the commissioner shall submit to the mayor and the speaker of the council and shall post conspicuously on the department's website a report regarding self-closing doors inspected by the department pursuant to this section.
2. The report shall include a table in which each separate row references a building inspected by the department pursuant to this section in the previous year. Each such row shall include the following information, as well as any additional information the commissioner deems appropriate, set forth in separate columns:
(a) The address of the building where such inspection was attempted;
(b) The building or property owner at the time of inspection;
(c) The date on which an inspection of such building occurred;
(d) The number of floors contained in such building;
(e) Whether or not the building was accessed;
(f) The number of self-closing door violations issued as a result of the inspection; and
(g) The number of self-closing door violations that were corrected by the owner.
(L.L. 2022/071, 7/3/2022, eff. 7/3/2022)
The owner of a multiple dwelling in which there are one or more self-service elevators shall affix and maintain in each such elevator a mirror which enables persons to view its interior before entering the same. The mirror shall meet such requirements as the department shall by regulation prescribe.
a. The owner of a dwelling shall provide a key lock in the entrance door to each dwelling unit and at least one key. In a class A multiple dwelling such door shall be equipped with a heavy duty latch set and a heavy duty dead bolt operable by a key from the outside and a thumb-turn from the inside.
b. Each dwelling unit entrance door in a class A multiple dwelling shall also be equipped with a chain door guard so as to permit partial opening of the door.
a. An owner of a multiple dwelling and an owner of a dwelling unit in a multiple dwelling owned as a condominium shall provide, install and maintain a window guard, in accordance with specifications established by the department of health and mental hygiene, on each window of each dwelling unit in which a child ten years of age or under resides, and on the windows, if any, in the public areas of a multiple dwelling in which such a child resides.
b. Subdivision a of this section shall not apply to a window that gives access to a fire escape or to a window that is a required means of egress from a dwelling unit on the first floor of a multiple dwelling.
c. No tenant or occupant of a dwelling unit, or other person, shall obstruct or interfere with the installation or maintenance of a window guard as required by subdivision a of this section nor shall any person remove such window guard.
d. No owner of a multiple dwelling and no owner of a dwelling unit in a multiple dwelling owned as a condominium shall refuse a written request of a tenant or occupant of a dwelling unit to provide, install and maintain a window guard, in accordance with specifications established by the department of health and mental hygiene, regardless of whether such provision, installation and maintenance is required pursuant to subdivision a of this section, except that this subdivision shall not apply to a window that gives access to a fire escape or to a window that is a required means of egress from a dwelling unit on the first floor of a multiple dwelling.
e. Any owner required to provide, install and maintain a window guard pursuant to subdivision a or d of this section who fails to provide, install or maintain a window guard shall be liable for a class C immediately hazardous violation. Notwithstanding any other provision of law to the contrary, the time within which to correct such violation shall be twenty-one days after service of the notice of violation.
f. Notwithstanding any other provision of law to the contrary, the department shall be the sole agency of the city authorized to seek a monetary penalty from an owner who is required to provide, install and maintain a window guard for failure to provide, install or maintain such window guard. Nothing in this section shall limit the authority of the department of health and mental hygiene to investigate a fall from any window or to issue an order to correct any condition that such department determines contributed to such fall.
a. In every old law tenement which is less than four stories in height:
(1) Every door opening into any entrance hall or stair, or into any public hall connected therewith, shall be self-closing; every glazed opening or glazed panel in such a door shall be glazed with wire glass, and every transom opening upon any public hall shall be glazed with wire glass firmly secured in a closed position; and
(2) Every interior sash, or opening other than a door, in the walls or partitions of any such hall, and every window in any such hall not opening to the outer air, shall be removed and the openings closed up and fire-retarded; and
(3) The ceiling of the cellar, or if there is no cellar, of the basement or other lowest story, shall be fire-retarded unless such ceiling already has been plastered or covered in a manner satisfactory to the department with plasterboard or gypsumboard at least one-half inch in thickness.
b. In every old law tenement which is four stories or more in height:
(1) On all stories above the third story, every apartment door opening into any stair or into any public hall connected therewith, unless such stair or public hall is protected by an approved sprinkler system shall have a fire resistance rating of at least one hour. Existing door frames in good condition may be retained. All such doors shall comply with this requirement, not later than November second, nineteen hundred seventy-three.
(2) For all stories below the fourth story, any application for an alteration permit for alterations to be made in an apartment below the fourth story shall include the provision that every door of such apartment opening into any entrance hall, stair or into any public hall connected therewith, unless such entrance hall, stair or public hall is protected by an approved sprinkler system, shall have a fire resistance rating of at least one hour. Existing door frames in good condition may be retained.
(3) Where apartment doors having a fire resistance rating of at least one hour are required, every transom opening upon any entrance hall, stair or public hall connected therewith shall be sealed and fireretarded. All other transoms opening upon any entrance hall, stair or public hall connected therewith shall be glazed with wire glass and permanently sealed in a closed position.
(4) All doors opening into any entrance hall, stair or into any public hall connected therewith shall be self-closing; every glazed opening or glazed panel in such a door shall be glazed with wire glass.
a. As used in this section:
Class A multiple dwelling. The term "class A multiple dwelling" means a class A multiple dwelling as defined in paragraph 8 of subdivision a of section 27-2004, except that such term shall include garden-type maisonette dwellings constructed before April 18, 1954.
Garden-type maisonette dwelling. The term "garden-type maisonette dwelling" means a dwelling project consisting of a series of dwelling units that, together and in their aggregate, are arranged or designed to provide three or more apartments; are provided as a group collectively with all essential services such as, but not limited to, house sewers and heat; and are operated as a unit under single ownership, notwithstanding that certificates of occupancy were issued for portions thereof as private dwellings, as such term is defined in paragraph 6 of subdivision a of section 27-2004.
Private dwelling. The term "private dwelling" means a dwelling unit in a one-family or two-family home that is occupied by a person or persons other than the owner of such unit or the owner's family.
b. The owner of a class A multiple dwelling, class B multiple dwelling or private dwelling shall:
1. (a) Provide and install one or more approved and operational smoke detecting devices in each dwelling unit in accordance with section 907.2 of the New York city building code or sections 27-978, 27-979, 27-980 and 27-981 of the 1968 building code, as applicable, or, in the alternative for class B multiple dwellings, provide and install a line-operated zoned smoke detecting system with central annunciation and central office tie-in for all public corridors and public spaces, pursuant to rules promulgated by the commissioner of buildings, except that this paragraph shall not apply to private dwellings;
(b) Provide and install one or more approved and operational carbon monoxide detecting devices in each dwelling unit in accordance with section 908.7 of the New York city building code or sections 27-981.1, 27-981.2 and 27-981.3 of the 1968 building code, as applicable, or, in the alternative for class B multiple dwellings, provide and install a line-operated zoned carbon monoxide detecting system with central annunciation and central office tie-in for all public corridors and public spaces, pursuant to rules promulgated by the commissioner of buildings or by the commissioner in consultation with the department of buildings and the fire department;
(c) Provide and install one or more approved and operational natural gas detecting devices in accordance with section 908.10 of the New York city building code or section 28-315.2.3 of the code, as applicable, or, in the alternative for class B multiple dwellings, provide and install a line-operated zoned natural gas detecting system with central annunciation and central office tie-in for all public corridors and public spaces, pursuant to rules promulgated by the commissioner of buildings or by the commissioner in consultation with the department of buildings and the fire department;
2. Periodically replace any device required under paragraph 1 of this subdivision upon expiration of its useful life in accordance with article 312 of title 28 of the code;
3. (a) For a class A multiple dwelling or private dwelling, replace any such device that has been stolen, removed, found missing or rendered inoperable during a prior occupancy of the dwelling unit and that has not been replaced by the prior occupant before commencement of a new occupancy of such dwelling unit, except that this paragraph shall not apply to smoke detecting devices in private dwellings;
(b) For a class B multiple dwelling, replace any such device that has been stolen, removed, found missing or rendered inoperable before commencement of a new occupancy of such dwelling unit;
4. Where any such device becomes inoperable within one year after installation due to a defect in the manufacture of such device and through no fault of the occupant of such dwelling unit, replace such device within 30 calendar days after receiving written notice that such device is inoperable, except that this paragraph shall not apply to class B multiple dwellings or smoke detecting devices in private dwellings;
5. Post a notice in a form approved by the commissioner in a common area of the building or, for private dwellings, provide to the occupants thereof a notice, indicating that (i) the owner is required by law to install such devices and to periodically replace such devices upon the expiration of their useful life, and (ii) each occupant is responsible for the maintenance and repair of such devices that are battery-operated and within such occupant's dwelling unit and for replacing, in accordance with article 312 of title 28 of the code, any or all such devices which are stolen, removed, found missing or rendered inoperable during such occupant's occupancy of such dwelling unit, except that this paragraph shall not apply to class B multiple dwellings or smoke detecting devices in private dwellings;
6. Provide to at least one adult occupant of such dwelling unit information relating to (i) the risks posed by carbon monoxide poisoning and, if natural gas detecting devices are required to be installed in such dwelling unit by rules promulgated by the commissioner of buildings, the risks posed by natural gas leaks, (ii) the testing and maintenance of smoke detecting devices, carbon monoxide detecting devices and, if natural gas detecting devices are required to be installed in such dwelling unit by rules promulgated by the commissioner of buildings, natural gas detecting devices, (iii) what to do if such devices alert, (iv) the useful life of such devices, (v) the owner's duty to replace such devices pursuant to article 312 of title 28 and (vi) the occupant's duty to maintain and repair such devices that are battery-operated and within such occupant's dwelling unit and replace any or all such devices within such dwelling unit that are stolen, removed, found missing or rendered inoperable during such occupant's occupancy of such dwelling unit; provided that the information provided in accordance with this paragraph may include material that is distributed by the manufacturer or material prepared or approved by the department of buildings; except that this paragraph shall not apply to class B multiple dwellings or smoke detecting devices in private dwellings; and
7. Keep such records as the commissioner shall prescribe relating to the installation and maintenance of smoke detecting devices, carbon monoxide detecting devices and natural gas detecting devices in the dwelling, including the manufacturer's suggested useful life of such devices and records showing that such devices meet the requirements of all applicable laws and rules, and make such records available to the commissioner upon request.
c. Notwithstanding the provisions of subdivision a of section 27-2005 and subdivision c of section 27-2006, the occupant of each dwelling unit in a class A multiple dwelling or private dwelling in which a device required by paragraph 1 of subdivision b of this section has been provided and installed shall:
1. Keep and maintain such device in good repair; and
2. Replace such device if it is stolen, removed, found missing or rendered inoperable during the occupant's occupancy of such dwelling unit.
d. It shall be unlawful for any person to tamper with or render inoperable a required smoke detecting device, carbon monoxide detecting device or natural gas detecting device, except to replace the batteries of such device or for other maintenance purposes.
e. The occupant of a dwelling unit within a class A multiple dwelling or private dwelling in which a battery-operated smoke detecting device, carbon monoxide detecting device or natural gas detecting device is newly installed, or installed to replace a device that has exceeded the manufacturer's useful life or that has been lost or damaged by such occupant or installed as a result of such occupant's failure to maintain such device, shall reimburse the owner for the cost of providing and installing such device an amount not to exceed (i) $25 for each smoke detecting device, carbon monoxide detecting device or natural gas detecting device, (ii) $50 for each combined smoke and carbon monoxide detecting device, combined smoke and natural gas detecting device or combined carbon monoxide and natural gas detecting device and (iii) $75 for each combined smoke, carbon monoxide and natural gas detecting device.
f. This section may be enforced by the department, the department of buildings, the fire department and the department of health and mental hygiene.
(Am. L.L. 2016/157, 12/6/2016, eff. 5/1/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/112 and L.L. 2016/157.
(Repealed L.L. 2016/157, 12/6/2016, eff. 5/1/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/112 and L.L. 2016/157.
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