S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3249--A
     Cal. No. 397
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by Sens. BAILEY, MYRIE, CHU, JACKSON, MATTERA, PERSAUD, WEBB
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Housing, Construction and  Community  Development  --
   recommitted  to  the  Committee on Housing, Construction and Community
   Development in accordance with Senate  Rule  6,  sec.  8  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, passed by  Senate  and  delivered  to  the
   Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08131-05-4
              

 S. 3249--A                          2
 
   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-
 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3249--B
     Cal. No. 397
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by Sens. BAILEY, MYRIE, CHU, JACKSON, MATTERA, PERSAUD, WEBB
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Housing, Construction and  Community  Development  --
   recommitted  to  the  Committee on Housing, Construction and Community
   Development in accordance with Senate  Rule  6,  sec.  8  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, passed by  Senate  and  delivered  to  the
   Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third  reading  --  again amended and ordered reprinted, retaining its
   place in the order of third reading
 
 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.  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

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

                                                            LBD08131-07-4
 S. 3249--B                          2
 
 purposes,  with intervening doors closed, in accordance with rules to be
 promulgated by the council,
   c.  EVERY  MULTIPLE-FAMILY  DWELLING,  EXCEPT  FOR A PROPERTY OWNED OR
 OPERATED BY A PUBLIC HOUSING AUTHORITY SUBJECT  TO  FEDERAL  SAFETY  AND
 INSPECTION STANDARDS PURSUANT TO TITLE TWENTY-FOUR OF THE CODE OF FEDER-
 AL  REGULATIONS,  AND EVERY 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  AUDIBLE  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  RESI-
 DENTS,  INCLUDING,  BUT NOT LIMITED TO, A LOBBY, A HALLWAY, AND A STAIR-
 WELL,
   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.