2006 New York Code - Duties Of Owner And Occupant With Respect To Installation And Maintenance Of Smoke Detecting Devices In Class A Multiple Dwellings.

 
    §  27-2045  Duties  of owner and occupant with respect to installation
  and  maintenance  of  smoke  detecting  devices  in  class  A   multiple
  dwellings.  a.   It shall be the duty of the owner of a class A multiple
  dwelling which is required to be equipped with smoke  detecting  devices
  pursuant  to  article six of subchapter seventeen of chapter one of this
  title to:
    (1) provide and install one or more  approved  and  operational  smoke
  detecting devices in each dwelling unit. Such devices shall be installed
  in accordance with the requirements of reference standard 17-12.
    (2)  post  a notice in a form approved by the commissioner in a common
  area of the building informing the occupants of such building  that  the
  owner is required by law to install one or more approved and operational
  smoke  detecting  devices in each dwelling unit in the building and that
  each occupant is responsible for the  maintenance  and  repair  of  such
  devices  and  for  replacing  any  or all such devices which are stolen,
  removed, missing or rendered inoperable during  the  occupancy  of  such
  dwelling unit.
    (3) replace any smoke detecting device which has been stolen, removed,
  missing  or rendered inoperable during a prior occupancy of the dwelling
  unit and which has not been replaced by the prior occupant prior to  the
  commencement of a new occupancy of a dwelling unit.
    (4)  replace  within thirty calendar 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 dwelling unit.
    (5) keep such records as the commissioner shall prescribe relating  to
  the  installation  and  maintenance  of  smoke  detecting devices in the
  building and make  such  records  available  to  the  commissioner  upon
  request.
    b.  Notwithstanding the provisions of subdivision a of section 27-2005
  of article one of this subchapter and subdivision c of  section  27-2006
  of  article  one  of  this  subchapter, it shall be the sole duty of the
  occupant of each dwelling unit in a class A multiple dwelling in which a
  smoke detecting device has been provided  and  installed  by  the  owner
  pursuant  to  the  provisions  of article six of subchapter seventeen of
  chapter one of this title to:
    (1) keep and maintain such device in good repair; and
    (2) replace any and all devices  which  are  either  stolen,  removed,
  missing  or  rendered  inoperable  during the occupancy of such dwelling
  unit.
    c. Except as otherwise  provided  in  paragraphs  three  and  four  of
  subdivision  a  of this section, an owner of a class A multiple dwelling
  who has provided and installed a smoke detecting device  in  a  dwelling
  unit pursuant to this section shall not be required to keep and maintain
  such  device  in  good  repair  or  to  replace any such device which is
  stolen, removed, missing or rendered inoperable during the occupancy  of
  such dwelling unit.
    d.  The  occupant of a dwelling unit in which a battery-operated smoke
  detecting device is provided and  installed  pursuant  to  this  section
  shall  reimburse  the  owner  a  maximum  of ten dollars for the cost of
  providing and installing each such device. The occupant shall  have  one
  year from the date of installation to make such reimbursement.
    e.  For  the  purposes  of  this  section, the term "class A" multiple
  dwelling shall  include  garden-type  maisonette  dwellings  constructed
  before  April  eighteenth,  nineteen  hundred  fifty-four  and  the term
  "garden-type maisonette dwellings" shall  be  defined  as  any  dwelling
  project  consisting  of a series of dwelling units which together and in
  their aggregate are arranged  or  designed  to  provide  three  or  more


  apartments,  and are provided as a group collectively with all essential
  services such as, but not limited to, house sewers and heat,  and  which
  are  operated  as  a  unit  under single ownership, notwithstanding that
  certificates  of  occupancy  were issued for portions thereof as private
  dwellings.