Pursuant to § 27-2046.1 of the administrative code of the city of New York, the owner of a private dwelling that is required to be equipped with CO alarms 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 DOB pursuant to 1 RCNY Chapter 28 shall comply with the following requirements:
(a) Provide and install one or more approved and operational CO alarm 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 as prescribed in the DOB rules and regulations relating to CO alarms, and replace such devices as necessary in accordance with Article 312 of Chapter 3 of Title 28 of the Administrative Code;
(b) For purposes of (c) through (g) of this section, "private dwelling" shall mean 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
(c) Provide notice in a form approved by the Department to the occupants of such dwelling that:
(1) the owner is required by law to install an approved and operational CO alarm in each dwelling or dwelling unit in the building, within 15 feet of the primary entrance to each room lawfully used for sleeping 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 or dwelling unit; and
(3) the occupant of a dwelling or 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 alarm for the cost of such work, and the occupant shall have one year from the date of installation to make such reimbursement;
(d) Replace any CO alarm that has been stolen, removed, found missing, or rendered inoperable during a prior occupancy of the dwelling or dwelling unit and that has not been replaced by the prior occupant before commencement of a new occupancy of the dwelling or dwelling unit;
(e) 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 or dwelling unit;
(f) Provide written information regarding the testing and maintenance of CO alarms to at least one adult occupant of each dwelling or dwelling unit, including, but not limited to, general information concerning carbon monoxide poisoning and what to do if a CO alarm goes off and 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; and
(g) Keep the following records relating to the installation and maintenance of CO alarms in the dwelling or dwelling unit:
(1) date of installation of each CO alarm and the expiration date of the manufacturer's suggested useful life of each such alarm;
(2) whether each CO alarm receives its primary power from the building wiring with secondary battery backup, is a battery-operated device, or is a plug-in type CO alarm with a back-up battery;
(3) location within dwelling or dwelling unit where each alarm is installed;
(4) maintenance work performed on each alarm; and
(5) 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 DOHMH upon request.
(Amended City Record 9/18/2017, eff. 10/18/2017)