§ 68. Smoke detecting devices. 1. This section shall apply to all
multiple dwellings, whenever constructed, provided however, that for the
purposes of this section the term "multiple dwelling" shall also include
any dwelling accommodation used as a temporary or permanent residence
located in any building owned as a condominium or cooperative.

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 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 alternative, be equipped with
battery-operated smoke detecting devices of a type accepted by the
division of housing and community renewal.

(b) In hotels and other class B multiple dwellings, and in any portion
of a class A multiple dwelling used for single room occupancy, at least
one smoke detecting device shall be located within each room used for
sleeping purposes. In any other multiple dwelling or portion thereof,
there shall be at least one smoke detecting device located within each
apartment or separate living unit, in an area so that it is clearly
audible in each bedroom or other room used for sleeping purposes, with
intervening doors closed; provided, however, that no smoke detecting
device be located more than ten feet from the entrance to any bedroom or
other room used for sleeping purposes.

(c) Each smoke detecting device shall include a test device to permit
the occupant to readily determine if it is operational.

(d) In addition to complying with the provisions of this section, the
type, location, number, and manner of installation of smoke detecting
devices shall be in accordance with standards prescribed by the state
fire prevention and building code council.

3. (a) With respect to class A multiple dwellings, other than any
portion of any such dwelling used for single room occupancy, and
notwithstanding the provisions of section seventy-eight or any other
provision of this chapter, or of any law or requirement, state or local,
the duties of the owner and tenant with respect to smoke detecting
devices installed pursuant to this section shall be as provided in
subdivisions four and five of this section.

(b) With respect to a class B multiple dwelling, or any portion of a
class A multiple dwelling used for single room occupancy, the provisions
of subdivision five of this section shall not apply, and smoke detecting
devices installed as required by this section shall be subject to the
provisions of section seventy-eight of this chapter.

(c) The owner of every multiple dwelling shall keep such records as
the state fire prevention and building code council shall prescribe
relating to the installation and maintenance of smoke detecting devices
in the building and make such records available to any local code
enforcement official on request.

4. In addition to initially providing and installing the smoke
detecting devices, the owner shall:

(a) replace within thirty days after the receipt of written notice any
such device which becomes inoperable within one year of the installation
of such device due to a defect in the manufacture of such device and
through no fault of the occupant of the apartment or other unit;

(b) upon the occurrence of a vacancy, replace or properly equip any
such device which has been removed or rendered inoperable, so as to
provide operational smoke detecting devices for any new tenant; and

(c) notify tenants in writing, individually or through posting of a
notice in a common area of the building, of the respective duties of
owners and tenants under this section.

5. Except as provided in paragraph (b) of subdivision three of this
section, the tenant shall keep and maintain any smoke detecting device
installed pursuant to this section in good repair and replace any such
device which becomes inoperable during his occupancy.

6. An owner need not furnish or install a smoke detecting device where
one has already been installed, provided that (a) the type of such
device and the manner of its installation comply with the provisions of
this section and the standards prescribed by the state fire prevention
and building code council, (b) the existing device is tested and found
to be operational, and (c) the existence of such device in lieu of an
owner-furnished device is noted on the records kept by the owner
pursuant to paragraph (c) of subdivision three of this section.

7. This section shall not apply within cities with a population of one
million or more, provided however, any local law in such cities relating
to smoke detecting devices shall provide for the installation and
maintenance of smoke detecting devices in dwelling accommodations
located in buildings owned as condominiums or cooperatives.