STATE OF NEW YORK
________________________________________________________________________
3249--B
Cal. No. 397
2023-2024 Regular Sessions
IN SENATE
January 30, 2023
___________
Introduced by Sens. BAILEY, MYRIE, CHU, JACKSON, MATTERA, PERSAUD, WEBB
-- read twice and ordered printed, and when printed to be committed to
the Committee on Housing, Construction and Community Development --
recommitted to the Committee on Housing, Construction and Community
Development in accordance with Senate Rule 6, sec. 8 -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, passed by Senate and delivered to the
Assembly, recalled, vote reconsidered, restored to third reading,
amended and ordered reprinted, retaining its place in the order of
third reading -- again amended and ordered reprinted, retaining its
place in the order of third reading
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. Subdivision 5-b of section 378 of the executive law, as
2 amended by chapter 96 of the laws of 1988 and such subdivision as renum-
3 bered by chapter 94 of the laws of 2006, paragraphs a and d as separate-
4 ly amended by chapters 96 and 506 of the laws of 1988, and paragraph b
5 as amended by chapter 82 of the laws of 1989, is amended to read as
6 follows:
7 5-b. Standards for installation of single station smoke detecting
8 alarm devices requiring that:
9 a. every one or two-family dwelling or any dwelling accommodation
10 located in a building owned as a condominium or cooperative in the state
11 used as a residence shall have installed an operable single station
12 smoke detecting alarm device or devices,
13 b. such device or devices shall be installed in an area so that it is
14 clearly audible in each bedroom or other room used for sleeping
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08131-07-4
S. 3249--B 2
1 purposes, with intervening doors closed, in accordance with rules to be
2 promulgated by the council,
3 c. every multiple-family dwelling, except for a property owned or
4 operated by a public housing authority subject to federal safety and
5 inspection standards pursuant to title twenty-four of the code of feder-
6 al regulations, and every dwelling accommodation located in a building
7 owned as a condominium or cooperative in the state used as a residence,
8 shall have installed an operable single station smoke detecting alarm
9 device or devices in an area so that it is clearly audible in each
10 common space, with rules to be promulgated by the council. For purposes
11 of this subdivision, common space means a space accessible by all resi-
12 dents, including, but not limited to, a lobby, a hallway, and a stair-
13 well,
14 d. such device or devices shall be in compliance with the uniform
15 code, provided, however, that for purposes of this subdivision, battery
16 operated devices shall be permitted,
17 [d.] e. upon conveyance of any real property containing a one or two-
18 family dwelling or a condominium unit used as a residence and the
19 transferor of the shares allocated to an apartment located in a building
20 owned by a cooperative housing corporation where such apartment is used
21 as a residence, the grantor shall deliver to the grantee at the time of
22 conveyance an affidavit indicating that the grantor is in compliance
23 with this subdivision. The grantee shall have ten days from the date of
24 conveyance within which to notify the grantor if the alarm or alarms are
25 not operable. Upon notification, the transferor shall bear any cost of
26 compliance with the provisions of this subdivision,
27 [e.] f. notwithstanding any other provision of law, a failure to
28 comply with the provisions of this subdivision shall not be a breach of
29 any warranty in a conveyance of real property, nor shall it be a defense
30 to any claim made under a policy of insurance issued to insure the prop-
31 erty against fire or other casualty loss.
32 § 2. This act shall take effect immediately.
