STATE OF NEW YORK
________________________________________________________________________
5730--B
Cal. No. 407
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. ZACCARO, SHIMSKY, GONZALEZ-ROJAS, SEPTIMO, AUBRY,
RAGA, CRUZ, MAMDANI, DE LOS SANTOS, SILLITTI, NOVAKHOV, BEEPHAN,
DeSTEFANO, K. BROWN, ZINERMAN, GIBBS -- read once and referred to the
Committee on Governmental Operations -- recommitted to the Committee
on Governmental Operations in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- reported from committee, advanced
to a third reading, amended and ordered reprinted, retaining its place
on the order of third reading
AN ACT to amend the executive law, in relation to requiring the instal-
lation 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
15 purposes, with intervening doors closed, in accordance with rules to be
16 promulgated by the council,
17 c. every multiple-family dwelling, except for a property owned or
18 operated by a public housing authority subject to federal safety and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08131-06-4
A. 5730--B 2
1 inspection standards pursuant to title twenty-four of the code of feder-
2 al regulations, and every dwelling accommodation located in a building
3 owned as a condominium or cooperative in the state used as a residence,
4 shall have installed an operable single station smoke detecting alarm
5 device or devices in an area so that it is clearly audible in each
6 common space, with rules to be promulgated by the council. For purposes
7 of this subdivision, common space means a space accessible by all resi-
8 dents, including, but not limited to, a lobby, a hallway, and a stair-
9 well,
10 d. such device or devices shall be in compliance with the uniform
11 code, provided, however, that for purposes of this subdivision, battery
12 operated devices shall be permitted,
13 [d.] e. upon conveyance of any real property containing a one or two-
14 family dwelling or a condominium unit used as a residence and the
15 transferor of the shares allocated to an apartment located in a building
16 owned by a cooperative housing corporation where such apartment is used
17 as a residence, the grantor shall deliver to the grantee at the time of
18 conveyance an affidavit indicating that the grantor is in compliance
19 with this subdivision. The grantee shall have ten days from the date of
20 conveyance within which to notify the grantor if the alarm or alarms are
21 not operable. Upon notification, the transferor shall bear any cost of
22 compliance with the provisions of this subdivision,
23 [e.] f. notwithstanding any other provision of law, a failure to
24 comply with the provisions of this subdivision shall not be a breach of
25 any warranty in a conveyance of real property, nor shall it be a defense
26 to any claim made under a policy of insurance issued to insure the prop-
27 erty against fire or other casualty loss.
28 § 2. This act shall take effect immediately.
