S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5730
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. ZACCARO -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the executive law, the multiple dwelling law, the multi-
   ple residence law and the administrative code of the city of New York,
   in relation to requiring the installation of smoke detectors in common
   places of certain dwellings

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 378 of the executive law is amended by adding a new
 subdivision 5-e to read as follows:
   5-E.  STANDARDS  FOR  INSTALLATION  OF  SMOKE DETECTORS REQUIRING THAT
 EVERY MULTIPLE-FAMILY DWELLING, OR ANY DWELLING ACCOMMODATION LOCATED IN
 A BUILDING OWNED AS A CONDOMINIUM OR COOPERATIVE, OR ANY MULTIPLE DWELL-
 INGS SHALL HAVE INSTALLED AN OPERABLE SMOKE DETECTOR, OF  SUCH  MANUFAC-
 TURE,  DESIGN AND INSTALLATION STANDARDS AS ARE ESTABLISHED BY THE COUN-
 CIL, IN ALL COMMON PLACES WITHIN SUCH DWELLING AND  IN  ACCORDANCE  WITH
 ANY OTHER LAW. FOR PURPOSES OF THIS SUBDIVISION, MULTIPLE DWELLING MEANS
 A DWELLING WHICH IS EITHER RENTED, LEASED, LET OR HIRED OUT, TO BE OCCU-
 PIED,  OR IS OCCUPIED AS THE TEMPORARY OR PERMANENT RESIDENCE OR HOME OF
 THREE OR MORE FAMILIES LIVING INDEPENDENTLY OF EACH OTHER, INCLUDING BUT
 NOT LIMITED TO THE FOLLOWING: A TENEMENT, FLAT HOUSE, MAISONETTE  APART-
 MENT,  APARTMENT  HOUSE, APARTMENT HOTEL, TOURIST HOUSE, BACHELOR APART-
 MENT, STUDIO APARTMENT, DUPLEX APARTMENT, KITCHENETTE APARTMENT,  HOTEL,
 LODGING  HOUSE,  ROOMING  HOUSE,  BOARDING  HOUSE,  BOARDING AND NURSERY
 SCHOOL, FURNISHED ROOM HOUSE, CLUB, SORORITY  HOUSE,  FRATERNITY  HOUSE,
 COLLEGE  AND SCHOOL DORMITORY, CONVALESCENT, OLD AGE OR NURSING HOMES OR
 RESIDENCES. IT SHALL ALSO INCLUDE A DWELLING WITH FIVE OR MORE BOARDERS,
 ROOMERS OR LODGERS RESIDING WITH ANY ONE FAMILY.
   § 2. Paragraph (a) of subdivision 2 of  section  68  of  the  multiple
 dwelling law, as added by chapter 683 of the laws of 1985, is amended to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08131-01-3
              

 A. 5730                             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  AND  EACH COMMON PLACE 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 alterna-
 tive, be equipped with battery-operated smoke  detecting  devices  of  a
 type accepted by the division of housing and community renewal.
   §  3.  Paragraph  (a)  of  subdivision 2 of section 15 of the multiple
 residence law, as added by chapter 683 of the laws of 1985,  is  amended
 to read as follows:
   (a)  The  owner  of every multiple dwelling to which the provisions of
 this section apply shall equip each apartment or other  separate  living
 unit  AND  EACH COMMON PLACE 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 alterna-
 tive, be equipped with battery-operated smoke  detecting  devices  of  a
 type accepted by the division of housing and community renewal.
   § 4. Section 27-979 of the administrative code of the city of New York
 is amended by adding a new subdivision (c) to read as follows:
   (C)   APPROVED  AND  OPERATIONAL  SMOKE  DETECTING  DEVICES  SHALL  BE
 INSTALLED IN ALL COMMON AREAS IN ALL BUILDINGS WITHIN  OCCUPANCY  GROUPS
 J-1, J-2, AND J-3, EXCEPT FOR SINGLE FAMILY DWELLINGS.
   §  5. Section 907.2.8.3 of the New York city building code, as amended
 by section 10 of part C of local law number 126 of the city of New  York
 for the year 2021, is amended to read as follows:
   907.2.8.3  Smoke  detectors  within dwelling units and sleeping units.
 Smoke detectors and audible notification appliances shall  be  installed
 in  dwelling units and sleeping units and shall be annunciated by dwell-
 ing unit and sleeping unit at a constantly attended location from  which
 the  fire  alarm  system  is capable of being manually activated.  Smoke
 detectors are required in the following areas:
   1. In sleeping areas.
   2. In every room in the path of the means of egress from the  sleeping
 area to the door leading from the dwelling unit and sleeping unit.
   3.  In  each story within the unit, including below-grade stories. For
 dwelling units and sleeping units  with  split  levels  and  without  an
 intervening door between the adjacent levels, a smoke alarm installed on
 the upper level shall suffice for the adjacent lower level.
   4. IN EVERY COMMON PLACE.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5730--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. ZACCARO, SHIMSKY, GONZALEZ-ROJAS, SEPTIMO, AUBRY,
   RAGA,  CRUZ,  MAMDANI,  DE LOS SANTOS,  SILLITTI,  NOVAKHOV,  BEEPHAN,
   DeSTEFANO, K. BROWN, ZINERMAN, GIBBS -- read once and referred to  the
   Committee  on  Governmental Operations -- recommitted to the Committee
   on Governmental Operations in accordance with Assembly Rule 3, sec.  2
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to requiring the  instal-
   lation of smoke detectors in common places of certain dwellings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5-b of section 378 of  the  executive  law,  as
 amended by chapter 96 of the laws of 1988 and such subdivision as renum-
 bered by chapter 94 of the laws of 2006, paragraphs a and d as separate-
 ly  amended  by chapters 96 and 506 of the laws of 1988, and paragraph b
 as amended by chapter 82 of the laws of 1989,  is  amended  to  read  as
 follows:
   5-b.  Standards  for  installation  of  single station smoke detecting
 alarm devices requiring that:
   a. every one or two-family  dwelling  or  any  dwelling  accommodation
 located in a building owned as a condominium or cooperative in the state
 used  as  a  residence  shall  have installed an operable single station
 smoke detecting alarm device or devices,
   b. such device or devices shall be installed in an area so that it  is
 clearly  audible  in  each  bedroom  or  other  room  used  for sleeping
 purposes, with intervening doors closed, in accordance with rules to  be
 promulgated by the council,
   c.  EVERY  MULTIPLE-FAMILY DWELLING AND DWELLING ACCOMMODATION LOCATED
 IN A BUILDING OWNED AS A CONDOMINIUM OR COOPERATIVE IN THE STATE USED AS
 A RESIDENCE SHALL  HAVE  INSTALLED  AN  OPERABLE  SINGLE  STATION  SMOKE
 DETECTING ALARM DEVICE OR DEVICES IN AN AREA SO THAT IT IS CLEARLY AUDI-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08131-04-4
              

 A. 5730--A                          2
 
 BLE  IN  EACH COMMON SPACE, WITH RULES TO BE PROMULGATED BY THE COUNCIL.
 FOR PURPOSES OF THIS SUBDIVISION, COMMON SPACE MEANS A SPACE  ACCESSIBLE
 BY ALL RESIDENTS, INCLUDING, BUT NOT LIMITED TO, A LOBBY, A HALLWAY, AND
 A STAIRWELL,
   D.  such  device  or  devices  shall be in compliance with the uniform
 code, provided, however, that for purposes of this subdivision,  battery
 operated devices shall be permitted,
   [d.]  E. upon conveyance of any real property containing a one or two-
 family dwelling or a condominium  unit  used  as  a  residence  and  the
 transferor of the shares allocated to an apartment located in a building
 owned  by a cooperative housing corporation where such apartment is used
 as a residence, the grantor shall deliver to the grantee at the time  of
 conveyance  an  affidavit  indicating  that the grantor is in compliance
 with this subdivision. The grantee shall have ten days from the date  of
 conveyance within which to notify the grantor if the alarm or alarms are
 not  operable.  Upon notification, the transferor shall bear any cost of
 compliance with the provisions of this subdivision,
   [e.] F. notwithstanding any other  provision  of  law,  a  failure  to
 comply  with the provisions of this subdivision shall not be a breach of
 any warranty in a conveyance of real property, nor shall it be a defense
 to any claim made under a policy of insurance issued to insure the prop-
 erty against fire or other casualty loss.
   § 2. This act shall take effect immediately.