Bill Text: NY A05730 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires the installation of smoke detectors in common places of certain multiple dwellings.

Spectrum: Slight Partisan Bill (Democrat 12-4)

Status: (Engrossed) 2024-06-07 - RETURNED TO ASSEMBLY [A05730 Detail]

Download: New_York-2023-A05730-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5730

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     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:

     1    Section 1. Section 378 of the executive law is amended by adding a new
     2  subdivision 5-e to read as follows:
     3    5-e.  Standards  for  installation  of  smoke detectors requiring that
     4  every multiple-family dwelling, or any dwelling accommodation located in
     5  a building owned as a condominium or cooperative, or any multiple dwell-
     6  ings shall have installed an operable smoke detector, of  such  manufac-
     7  ture,  design and installation standards as are established by the coun-
     8  cil, in all common places within such dwelling and  in  accordance  with
     9  any other law. For purposes of this subdivision, multiple dwelling means
    10  a dwelling which is either rented, leased, let or hired out, to be occu-
    11  pied,  or is occupied as the temporary or permanent residence or home of
    12  three or more families living independently of each other, including but
    13  not limited to the following: a tenement, flat house, maisonette  apart-
    14  ment,  apartment  house, apartment hotel, tourist house, bachelor apart-
    15  ment, studio apartment, duplex apartment, kitchenette apartment,  hotel,
    16  lodging  house,  rooming  house,  boarding  house,  boarding and nursery
    17  school, furnished room house, club, sorority  house,  fraternity  house,
    18  college  and school dormitory, convalescent, old age or nursing homes or
    19  residences. It shall also include a dwelling with five or more boarders,
    20  roomers or lodgers residing with any one family.
    21    § 2. Paragraph (a) of subdivision 2 of  section  68  of  the  multiple
    22  dwelling law, as added by chapter 683 of the laws of 1985, is amended to
    23  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

     1    (a)  The  owner  of every multiple dwelling to which the provisions of
     2  this section apply shall equip each apartment or other  separate  living
     3  unit  and  each common place in such multiple dwelling with approved and
     4  operational smoke detecting devices in conformity with  the  state  fire
     5  prevention  and  building  code;  provided,  however,  that any multiple
     6  dwelling not subject to the provisions of such code may, in the alterna-
     7  tive, be equipped with battery-operated smoke  detecting  devices  of  a
     8  type accepted by the division of housing and community renewal.
     9    §  3.  Paragraph  (a)  of  subdivision 2 of section 15 of the multiple
    10  residence law, as added by chapter 683 of the laws of 1985,  is  amended
    11  to read as follows:
    12    (a)  The  owner  of every multiple dwelling to which the provisions of
    13  this section apply shall equip each apartment or other  separate  living
    14  unit  and  each common place in such multiple dwelling with approved and
    15  operational smoke detecting devices in conformity with  the  state  fire
    16  prevention  and  building  code;  provided,  however,  that any multiple
    17  dwelling not subject to the provisions of such code may, in the alterna-
    18  tive, be equipped with battery-operated smoke  detecting  devices  of  a
    19  type accepted by the division of housing and community renewal.
    20    § 4. Section 27-979 of the administrative code of the city of New York
    21  is amended by adding a new subdivision (c) to read as follows:
    22    (c)   Approved  and  operational  smoke  detecting  devices  shall  be
    23  installed in all common areas in all buildings within  occupancy  groups
    24  J-1, J-2, and J-3, except for single family dwellings.
    25    §  5. Section 907.2.8.3 of the New York city building code, as amended
    26  by section 10 of part C of local law number 126 of the city of New  York
    27  for the year 2021, is amended to read as follows:
    28    907.2.8.3  Smoke  detectors  within dwelling units and sleeping units.
    29  Smoke detectors and audible notification appliances shall  be  installed
    30  in  dwelling units and sleeping units and shall be annunciated by dwell-
    31  ing unit and sleeping unit at a constantly attended location from  which
    32  the  fire  alarm  system  is capable of being manually activated.  Smoke
    33  detectors are required in the following areas:
    34    1. In sleeping areas.
    35    2. In every room in the path of the means of egress from the  sleeping
    36  area to the door leading from the dwelling unit and sleeping unit.
    37    3.  In  each story within the unit, including below-grade stories. For
    38  dwelling units and sleeping units  with  split  levels  and  without  an
    39  intervening door between the adjacent levels, a smoke alarm installed on
    40  the upper level shall suffice for the adjacent lower level.
    41    4. In every common place.
    42    §  6.  This  act shall take effect on the thirtieth day after it shall
    43  have become a law.    Effective  immediately,  the  addition,  amendment
    44  and/or repeal of any rule or regulation necessary for the implementation
    45  of  this  act  on  its  effective  date  are  authorized  to be made and
    46  completed on or before such effective date.