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.