Bill Text: NY S03249 | 2023-2024 | General Assembly | Introduced


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

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Engrossed) 2024-04-03 - referred to governmental operations [S03249 Detail]

Download: New_York-2023-S03249-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3249

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced by Sens. BAILEY, MYRIE -- read twice and ordered printed, and
          when printed to be committed to the Committee on Housing, Construction
          and Community Development

        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08131-01-3

        S. 3249                             2

     1    §  2.  Paragraph  (a)  of  subdivision 2 of section 68 of the multiple
     2  dwelling law, as added by chapter 683 of the laws of 1985, is amended to
     3  read as follows:
     4    (a)  The  owner  of every multiple dwelling to which the provisions of
     5  this section apply shall equip each apartment or other  separate  living
     6  unit  and  each common place in such multiple dwelling with approved and
     7  operational smoke detecting devices in conformity with  the  state  fire
     8  prevention  and  building  code;  provided,  however,  that any multiple
     9  dwelling not subject to the provisions of such code may, in the alterna-
    10  tive, be equipped with battery-operated smoke  detecting  devices  of  a
    11  type accepted by the division of housing and community renewal.
    12    §  3.  Paragraph  (a)  of  subdivision 2 of section 15 of the multiple
    13  residence law, as added by chapter 683 of the laws of 1985,  is  amended
    14  to read as follows:
    15    (a)  The  owner  of every multiple dwelling to which the provisions of
    16  this section apply shall equip each apartment or other  separate  living
    17  unit  and  each common place in such multiple dwelling with approved and
    18  operational smoke detecting devices in conformity with  the  state  fire
    19  prevention  and  building  code;  provided,  however,  that any multiple
    20  dwelling not subject to the provisions of such code may, in the alterna-
    21  tive, be equipped with battery-operated smoke  detecting  devices  of  a
    22  type accepted by the division of housing and community renewal.
    23    § 4. Section 27-979 of the administrative code of the city of New York
    24  is amended by adding a new subdivision (c) to read as follows:
    25    (c)   Approved  and  operational  smoke  detecting  devices  shall  be
    26  installed in all common areas in all buildings within  occupancy  groups
    27  J-1, J-2, and J-3, except for single family dwellings.
    28    §  5. Section 907.2.8.3 of the New York city building code, as amended
    29  by section 10 of part C of local law number 126 of the city of New  York
    30  for the year 2021, is amended to read as follows:
    31    907.2.8.3  Smoke  detectors  within dwelling units and sleeping units.
    32  Smoke detectors and audible notification appliances shall  be  installed
    33  in  dwelling units and sleeping units and shall be annunciated by dwell-
    34  ing unit and sleeping unit at a constantly attended location from  which
    35  the  fire  alarm  system  is capable of being manually activated.  Smoke
    36  detectors are required in the following areas:
    37    1. In sleeping areas.
    38    2. In every room in the path of the means of egress from the  sleeping
    39  area to the door leading from the dwelling unit and sleeping unit.
    40    3.  In  each story within the unit, including below-grade stories. For
    41  dwelling units and sleeping units  with  split  levels  and  without  an
    42  intervening door between the adjacent levels, a smoke alarm installed on
    43  the upper level shall suffice for the adjacent lower level.
    44    4. In every common place.
    45    §  6.  This  act shall take effect on the thirtieth day after it shall
    46  have become a law.    Effective  immediately,  the  addition,  amendment
    47  and/or repeal of any rule or regulation necessary for the implementation
    48  of  this  act  on  its  effective  date  are  authorized  to be made and
    49  completed on or before such effective date.
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