Pursuant to § 27-2045 of the Administrative Code of the City of New York, the owner of a Class A multiple dwelling which is required to be equipped with smoke detecting devices pursuant to section 907.2 of the New York City Building Code or §§ 27-978, 27-979, 27-980 and 27-981 of the 1968 building code shall:
(a) Provide and install one or more approved and operational smoke detecting devices in each dwelling unit and replace such devices in accordance with Article 312 of Chapter 3 of Title 28 of the Administrative Code of the City of New York in locations specified in reference standard 17-12 of the 1968 Building Code or section 907.2.10 of the New York City Building Code, as applicable.
(b) Post a notice in a form approved by the Commissioner of the Department of Housing Preservation and Development ("HPD" or "the Department") in a common area of the building, readily visible and preferably in the area of the inspection certificate, informing the occupants of such building that the owner is required by law to install one or more approved and operational smoke detecting devices in each dwelling unit in the building and to periodically replace such devices upon the expiration of their useful life in accordance with Article 312 of Chapter 3 of Title 28 of the Administrative Code of the City of New York, and that each occupant is responsible for the maintenance and repair of such devices and for replacing any or all such devices which are stolen, removed, missing or rendered inoperable during the occupancy of such dwelling unit with a device meeting the requirements of Article 312 of Chapter 3 of Title 28 of the Administrative Code of the City of New York. In addition, the notice should state that the occupant of a dwelling unit in which a battery-operated smoke detecting device is provided and installed shall reimburse the owner a maximum of twenty-five dollars or a maximum of fifty dollars where a combined smoke and carbon monoxide detecting device is installed, for the cost of providing and installing each such device. The occupant shall have one year from the date of installation to make such reimbursement. A sample of an approved notice is made part of these regulations in 28 RCNY § 12-04 and may also be found on HPD's website at www.nyc.gov/HPD.
(c) The notice in 28 RCNY § 12-01(b) above:
(1) shall have letters not less than three-sixteenths of an inch in height;
(2) the lettering of the notice shall be of bold type and shall be properly spaced to provide good legibility and the background shall be of contrasting colors;
(3) the notice shall be durable and shall be substantially secured to the common area where posted;
(4) the notice shall be of metal, plastic, or decal;
(5) lighting shall be sufficient to make the notice easily legible.
(d) For the notice required by subdivisions (b) and (c) of this section, an owner may in lieu of such otherwise required notice instead choose to post a single notice that incorporates and complies with subdivisions (b) and (c) of this section as well as the provisions of 28 RCNY § 12-06(b) and 28 RCNY § 12-11(b). A sample of an approved single notice, the language of which may be used for compliance with this subdivision, is made part of these regulations in 28 RCNY § 12-12.1 and may also be found on HPD's website at www.nyc.gov/HPD.
(e) Replace any smoke detecting device which has been stolen, removed, missing or rendered inoperable during a prior occupancy of the dwelling unit and which has not been replaced by the prior occupant prior to the commencement of a new occupancy of a dwelling unit with a device meeting the requirements of Article 312 of Chapter 3 of Title 28 of the Administrative Code of the City of New York.
(f) Replace within thirty calendar days after the receipt of written notice any such device which becomes inoperable within one year of the installation of such device and through no fault of the occupant of the dwelling unit.
(g) Keep the following records, on the premises or in the business office of the managing agent or owner, relating to the installation and maintenance of smoke detecting devices in the building:
(1) date notice posted pursuant to 28 RCNY § 12-01(b);
(2) date of installation of each smoke detecting device and other records showing that the device installed meets the requirements of Article 312 of Chapter 3 of Title 28 of the Administrative Code of the City of New York, including the manufacturer's suggested useful life of each device;
(3) whether the smoke detecting device receives its primary power from the building wiring or whether it is a battery-operated device;
(4) apartment number and location within apartment where device installed;
(5) records showing that maintenance work performed on each device has met the requirements of Article 312 of Chapter 3 of Title 28 of the Administrative Code of the City of New York;
(6) date tenant requested replacement/repair.
(7) These records must be made available to the Commissioner of the Department of Housing Preservation and Development upon request.
(Amended City Record 9/18/2017, eff. 10/18/2017)
Pursuant to § 27-2045(b) of the Administrative Code of the City of New York it shall be the sole duty of the occupant of each unit in a Class A multiple dwelling in which a smoke detecting device has been provided and installed by the owner pursuant to section 907.2 of the New York City Building Code or §§ 27-978, 27-979, 27-980 and 27-981 of the 1968 Building Code to:
(a) keep and maintain such device in good repair; and
(b) replace any and all devices which are either stolen, removed, missing or rendered inoperable during the occupancy of such dwelling unit with a device meeting the requirements of Article 312 of Chapter 3 of Title 28 of the Administrative Code of the City of New York. Note: Except as provided in 28 RCNY § 12-01(d) and (e) above and Article 312 of Chapter 3 of Title 28 of the Administrative Code of the City of New York, an owner of a Class A multiple dwelling who has provided and installed a smoke detecting device in a dwelling unit shall not be required to keep and maintain such device in good repair or to replace any such device which is stolen, removed, missing or rendered inoperable during the occupancy of such dwelling unit. In addition, the occupant of a dwelling unit in which a battery-operated smoke detecting device is provided and installed shall reimburse the owner a maximum of twenty-five dollars or a maximum of fifty dollars where a combined smoke and carbon monoxide detecting devices is installed, for the cost of providing and installing each such device. The occupant shall have one year from the date of installation to make such reimbursement.
Pursuant to § 27-2046 of the Administrative Code of the City of New York the owner of a Class B multiple dwelling which is required to be equipped with smoke detecting devices pursuant to section 907.2 of the New York City Building Code or §§ 27-978, 27-979, 27-980 and 27-981 of the 1968 Building Code shall:
(a) Provide and install one or more approved and operational smoke detecting devices in each dwelling unit or, in the alternative, provide and install a line-operated zoned smoke detecting system with central office tie-in for all public corridors and public spaces pursuant to rules and regulations promulgated by the Commissioner of the Department of Buildings.
(b) Keep and maintain smoke detecting devices in good repair and replace such devices in accordance with Article 312 of Chapter 3 of Title 28 of the Administrative Code of the City of New York.
(c) Replace any smoke detecting device which has been stolen, removed, missing or rendered inoperable prior to the commencement of a new occupancy of a dwelling unit in accordance with Article 312 of Chapter 3 of Title 28 of the Administrative Code of the City of New York.
(d) Keep the following records, on the premises or in the business office of the managing agent or owner, relating to the installation and maintenance of smoke detecting devices in the buildings:
(1) date of installation of each smoke detecting device and other records showing that the device installed meets the requirements of Article 312 of Chapter 3 of Title 28 of the Administrative Code of the City of New York, including the manufacturer's suggested useful life of each device;
(2) whether the smoke detecting device receives its primary power from the building wiring or whether it is a battery operated device or in the alternative whether it is a line operated zoned smoke detecting system with central annunciation and central tie-in for all public corridors and public spaces;
(3) room number and location within room where each smoke detecting device is installed;
(4) records showing that maintenance performed on each device has met the requirements of Article 312 of Chapter 3 of Title 28 of the Administrative Code of the City of New York.
These records must be made available to the Commissioner of the Department of Housing Preservation and Development upon request.
(Amended City Record 9/18/2017, eff. 10/18/2017)
A sample notice as required by 28 RCNY § 12-01(b) follows:
NOTICE The law requires the owner of the premises to provide and install one or more approved and operational smoke detectors in each apartment in this building and to periodically replace such devices upon the expiration of their useful life in accordance with Article 312 of Chapter 3 of Title 28 of the Administrative Code of the City of New York. The tenant of each apartment is responsible for the maintenance and repair of the detectors installed in the apartment and for replacing any or all detectors which are stolen, removed, missing or become inoperable during the occupancy of the apartment with a device meeting the requirements of Article 312 of Chapter 3 of Title 28 of the Administrative Code, unless a detector becomes inoperable within one year of being installed due to a manufacturing defect. The tenant of each apartment in this building in which a battery-operated smoke detector is provided and installed shall pay the owner a maximum of twenty-five dollars or a maximum of fifty dollars where a combined smoke and carbon monoxide detecting device is installed for the cost of providing and installing each detector. The tenant has one (1) year from the date of installation to make such payment to the owner. |
(Amended City Record 9/18/2017, eff. 10/18/2017)
For the purposes of this chapter
(a) CO means carbon monoxide; and
(b) CO alarm means a "carbon monoxide alarm" as defined in 1 RCNY Chapter 28 and shall also mean a "carbon monoxide detecting device" as such term is used in Subchapter 7 of Chapter 1 and Subchapter 2 of Chapter 2 of Title 27 of the Administrative Code of the City of New York, and section 902.1 of the Building Code.
Pursuant to § 27-2046.1 of the Administrative Code of the City of New York, the owner of a Class A multiple dwelling that is required to be equipped with carbon monoxide detecting devices pursuant to section 908.7 of the New York City Building Code or §§ 27-981.1, 27-981.2 and 27-981.3 of the 1968 Building Code, and as prescribed by the Department of Buildings ("DOB") pursuant to 1 RCNY Chapter 28 shall comply with the following requirements:
(a) Provide and install one or more approved and operational CO alarms in each dwelling unit, provided that there shall be installed at least one approved and operational CO alarm within 15 feet of the primary entrance to each room lawfully used for sleeping purposes, and replace such devices as necessary in accordance with Article 312 of Chapter 3 of Title 28 of the Administrative Code;
(b) Post a notice in a form approved by the Commissioner of the Department of Housing Preservation and Development ("HPD" or "the Department") in a common area of a Class A multiple dwelling, readily visible and preferably in the area of the inspection certificate informing the occupants of such building that:
(1) the owner is required by law to install one or more approved and operational CO alarm in each dwelling unit in the building within 15 feet of the primary entrance to each room lawfully used for sleeping purposes and to periodically replace such devices as necessary in accordance with Article 312 of Chapter 3 of Title 28 of the Administrative Code;
(2) each occupant is responsible for the maintenance and repair of such alarms and for replacing any or all such alarms that are stolen, removed, missing, or rendered inoperable during the occupancy of such dwelling unit; and
(3) the occupant of a dwelling unit in which a CO alarm is newly installed or in which a CO alarm is installed by the owner as a result of such occupant's failure to maintain such alarm or where such alarm has been lost or damaged by such occupant, or where such alarm is replaced upon the expiration of its useful life pursuant to Article 312 of Chapter 3 of Title 28 of the New York City Administrative Code, shall reimburse the owner in the amount of $25.00 per device for the cost of such work, or a maximum of $50.00 per device where a combined smoke and carbon monoxide detecting device is installed, and such occupant shall have one year from the date of installation to make such reimbursement.
(4) A sample of an approved notice that may be used for CO alarms is made part of these regulations in 28 RCNY § 12-10 and may also be found on HPD's website at www.nyc.gov/HPD.
(5) For the notice otherwise required by this provision, an owner may in lieu of such notice, instead choose to post a single notice that incorporates and complies with this provision as well as the provisions of 28 RCNY § 12-01(b) and (c) and 28 RCNY § 12-11(b). A sample of an approved single notice, the language of which may be used for compliance with this subdivision, is made part of these regulations in 28 RCNY § 12-12.1 and may also be found on HPD's website at www.nyc.gov/HPD.
(6) The notice required by this subdivision shall conform with the following requirements:
(i) the notice shall have letters not less than three-sixteenths of an inch in height;
(ii) the lettering of the notice shall be of bold type and shall be properly spaced to provide good legibility and the background shall be of contrasting colors;
(iii) the notice shall be durable and shall be substantially secured to the common area where posted;
(iv) the notice shall be of metal, plastic, or decal;
(v) lighting shall be sufficient to make the notice easily legible; and
(c) Replace any CO alarm that has been stolen, removed, found missing, or rendered inoperable during a prior occupancy of the dwelling unit and which has not been replaced by the prior occupant before the commencement of a new occupancy of the dwelling unit and replace such alarm upon the expiration of its useful life pursuant to Article 312 of Chapter 3 of Title 28 of the New York City Administrative Code;
(d) Replace within 30 calendar days after receipt of written notice any such alarm that becomes inoperable within one year of the installation of such alarm due to a defect in the manufacture of such alarm through no fault of the occupant of the dwelling unit;
(e) Provide written information regarding the testing and maintenance of CO alarms to at least one adult occupant of each dwelling unit, including, but not limited to, general information concerning carbon monoxide poisoning and what to do if a CO alarm goes off, that CO alarms have a useful life limitation and that the owner has a duty to replace such alarms upon the expiration of such useful life. Such information may include material that is distributed by the manufacturer or any material prepared or approved by DOB and shall be provided at the time of installation;
(f) Keep the following records, on the premises or in the business office of the owner or managing agent, relating to the installation and maintenance of CO alarms in the building:
(1) date notice posted pursuant to 28 RCNY § 12-06(b);
(2) date of installation of each CO alarm and the expiration date of the manufacturer's suggested useful life of each such alarm;
(3) whether each CO alarm receives its primary power from the building wiring with secondary battery back-up, is a battery-operated alarm, or is a plug-in type CO alarm with a back-up battery;
(4) apartment number and location within apartment where each alarm was installed;
(5) maintenance work performed on each alarm; and
(7) date occupant requested replacement/repair. These records must be made available to the Commissioner of the Department of Housing Preservation and Development, DOB, the Fire Department, or the Department of Health and Mental Hygiene ("DOHMH") upon request.
(Amended City Record 9/18/2017, eff. 10/18/2017)
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