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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)
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)
(a) Pursuant to § 27-2046.1 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 and the occupant of a dwelling or dwelling unit in a private dwelling in which a CO alarm has been provided and installed by the owner to:
(1) keep and maintain such CO alarm in good repair; and
(2) replace any alarm that is either stolen, removed, missing, or rendered inoperable during the occupancy of such dwelling or dwelling unit.
(b) 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 removed 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. Such occupant shall have one year from the date of installation to make such reimbursement.
(c) Except as provided in 28 RCNY § 12-06(c) and (d) and 28 RCNY § 12-07(d) and (e) above, an owner who has provided and installed a CO alarm in a dwelling or dwelling unit shall not be required to keep and maintain such alarm in good repair or to replace any such alarm that is stolen, removed, or rendered inoperable during the occupancy of such dwelling or dwelling unit.
Pursuant to § 27-2046.2 of the Administrative Code of the City of New York, the owner of a Class B multiple dwelling that is required to be equipped with one or more 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:
(a) Provide and install one or more approved and operational CO alarm in each dwelling unit and replace such devices as necessary in accordance with Article 312 of Chapter 3 of Title 28 of the Administrative Code, or in the alternative, provide and install a line operated zoned CO detecting system with central annunciation and central office tie-in for all public corridors and public spaces;
(b) Keep and maintain CO alarms or systems in good repair 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;
(c) Replace any CO alarm that has been stolen, removed, found missing, or rendered inoperable prior to the commencement of a new occupancy of a dwelling unit;
(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 CO alarms or systems:
(1) date of installation of each CO alarm or system and the expiration date of the manufacturer's suggested useful life of each such alarm;
(2) whether the CO alarm receives its primary power from the building wiring with secondary battery backup, is a battery-operated alarm, is a plug-in type CO alarm with a back-up battery, or in the alternative whether it is a line operated zoned CO detecting system with central annunciation and central office tie-in for all public corridors and public spaces;
(3) room number and location within room where each CO alarm was installed;
(4) maintenance work performed on each alarm. 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)
A sample form for providing notice to occupants pursuant to 28 RCNY § 12-06 follows:
NOTICE The law requires the owner of the premises to provide a carbon monoxide alarm in each apartment in this building. The carbon monoxide alarm must be placed within 15 feet of the primary entrance to each sleeping room, must be equipped with an end of life alarm, and must be periodically replaced by the owner as necessary when the suggested useful life of the alarm expires. Tenants are responsible for the maintenance and repair of the alarms installed in the apartment and for replacing any or all alarms that are stolen, removed, missing, or become inoperable during the occupancy of the apartment, unless an alarm becomes inoperable within one year of being installed due to a manufacturing defect. The occupant of each apartment in which a carbon monoxide alarm is provided and installed must pay the owner $25.00 per alarm, or a maximum of $50.00 per device where a combined smoke and carbon monoxide detecting device is installed. This fee covers the cost of the work for the initial installation and each periodic replacement. The occupant has one year from the date of installation to pay the owner. |
(Amended City Record 9/18/2017, eff. 10/18/2017)
The owner of a tenant-occupied dwelling shall take all of the following actions:
(a) Deliver or cause to be delivered to each tenant and prospective tenant of such dwelling one time, along with the first lease or first lease renewal for such tenant or prospective tenant, a notice in a form approved by the Department of Housing Preservation and Development ("HPD") describing the procedures to be followed when a gas leak is suspected;
(b) Post a notice in a form approved by HPD in a common area of the dwelling, readily visible, informing the occupants of such dwelling of the procedures to be followed when a gas leak is suspected. This notice shall conform with the following requirements:
(1) the notice 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; and
(5) lighting shall be sufficient to make the notice easily legible.
(c) The notices required by subdivisions (a) and (b) of this section shall instruct tenants to leave the building and call 911 immediately after leaving when they suspect a gas leak and then call the gas service provider that is providing gas to the dwelling. The owner of the dwelling shall identify who the gas service provider for the dwelling is and provide the name and current emergency phone number of the appropriate gas service provider on the notices required by subdivisions (a) and (b). A sample of an approved notice, the language of which may be used for compliance with subdivisions (a) and (b) of this section, is made part of these regulations in 28 RCNY § 12-12, and may also be found on HPD's website at www.nyc.gov/HPD.
(1) When the gas service provider for the dwelling is Con Edison, the notices required by subdivisions (a) and (b) of this section shall instruct tenants to call Con Edison at 1-800-752-6633, after first leaving the building and calling 911, unless 1-800-752-6633 is no longer the number used to report suspected gas leaks to Con Edison, in which case the current emergency phone number used by Con Edison shall be used instead.
(2) When the gas service provider for the dwelling is National Grid, the notices required by subdivisions (a) and (b) of this section shall instruct tenants to call National Grid at 1-718-643-4050, after first leaving the building and calling 911, unless 1-718-643-4050 is no longer the current number used to report suspected gas leaks in New York City to National Grid, in which case the current emergency phone number used by National Grid for New York City shall be used instead.
(d) For the notice required to be posted by subdivision (b) of this section, an owner may in lieu of such otherwise required notice, choose to post a single notice that incorporates and complies with 28 RCNY § 12-01(b) and (c), 28 RCNY § 12-06(b), and 28 RCNY § 12-11(b). A sample of such an approved notice 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.
(Added City Record 9/18/2017, eff. 10/18/2017)
A sample notice, as required by subdivisions (a) and (b) of 28 RCNY § 12-11 follows. The language used in the sample notice below may be used by an owner for both of the notices required by such subdivisions (a) and (b).
NOTICE The law requires the owner of the premises to advise tenants that when they suspect that a gas leak has occurred, they should take the following actions: 1. Quickly open nearby doors and windows and then leave the building immediately; do not attempt to locate the leak. Do not turn on or off any electrical appliances, do not smoke or light matches or lighters, and do not use a house-phone or cell-phone within the building; 2. After leaving the building, from a safe distance away from the building, call 911 immediately to report the suspected gas leak; 3. After calling 911, call the gas service provider for this building as follows: ___________________ Provider ___________________ Number |
(Added City Record 9/18/2017, eff. 10/18/2017)
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