Smoke Detecting Devices Notice HPD NYC (§ 12-01,CODE HMC 27-2045)

The owner of a Class A multiple dwelling is required to post a Smoke Detecting Devices Notice in a form approved by HPD at or near mailboxes. View the sample Smoke Detecting Devices Notice.

Section of the Law: 28 RCNY § 12-01 - CLICK HERE TO BUY

 

The owner may instead choose to post a combined notice for Smoke and Carbon Monoxide Detecting Devices and Gas Leak Procedures. View the sample combined Smoke Detecting and Carbon Monoxode Detecting Devices and Gas Leak Procedures Notice.

Section of the Law: 28 RCNY § 12-12.1

 

Residential owners are required to ensure that tenants are provided with both carbon monoxide and smoke detectors.

Owners of all multiple dwellings (Class A and Class B Multiple Dwellings) and one- and two-family homes (non-owner occupied) are required to:

  • Provide and install at least one approved and operational carbon monoxide and smoke detector within each dwelling unit.
    • In Class A Multiple Dwellings, install at least one detector within fifteen feet of the primary entrance to each room lawfully used for sleeping purposes.
    • In Class B Dwellings, install at least one detector within each dwelling unit or a line-operated zoned carbon monoxide and smoke detector system throughout the multiple dwelling in accordance with rules and regulations promulgated by the New York City Department of Buildings.
    • In one- and two-family homes (non-owner occupied units), at least one approved and operational detector within each dwelling unit, including at least one carbon monoxide detector within fifteen feet of the primary entrance to each room lawfully used for sleeping purposes.
  • Replace any carbon monoxide and smoke detector periodically upon the expiration of its useful life or when it has been stolen, removed, is missing, or rendered inoperable before a new tenant moves in if the prior tenant did not replace it.
    • In Class A Multiple Dwellings, replace any detector within 30 days if it becomes inoperable within one year of installation due to a defect and no fault of the occupant.
  • Ensure that the installed carbon monoxide alarm is equipped with an end-of-life alarm.
  • When a carbon monoxide detector is installed, provide a notice to at least one adult occupant of each dwelling unit regarding the testing and maintenance of the detector, including general information concerning carbon monoxide poisoning and what to do if an alarm goes off, that carbon monoxide detectors have a useful life limitation, and that the owner has a duty to replace such alarms upon the expiration of such useful life.
  • Post notices regarding carbon monoxide (Class A Multiple Dwellings and one- and two-family homes only) and smoke detectors (Class A Multiple Dwellings only). A Combined Notice for smoke detectors/carbon monoxide detectors and gas leak notice can be used. Section 12-12.1 of Chapter 12 of the Rules of the City of New York describes conditions under which a combined notice may be used.
  • Keep, and provide upon request, records relating to the installation and maintenance of:
    • Smoke detectors (provide to HPD): Recordkeeping requirements are contained in Sections 12-01 and 12-03 of Title 28 of the Rules of the City of New York (excluding one- and two-family homes).
    • Carbon monoxide detectors (provide to HPD, DOB, DOHMH or FDNY). Recordkeeping requirements are contained in Sections 12-06 and 12-09 of Chapter 12 of Title 28 of the Rules of the City of New York.
    • Never paint over detectors
§ 12-01 Owner Responsibilities for Smoke Detecting Devices for Class A Multiple Dwellings.
 
Pursuant to § 27-2045 of the Administrative Code of the City of New York, the owner of a Class A multiple dwelling which is required to be equipped with smoke detecting devices pursuant to section 907.2 of the New York City building code or sections 27-978, 27-979, 27-980 and 27-981 of the 1968 building code shall:
   (a)   Provide and install one or more approved and operational smoke detecting devices in each dwelling unit and replace such devices in accordance with article 312 of chapter 3 of title 28 of the administrative code of the city of New York in locations specified in reference standard 17-12 of the 1968 building code or section 907.2.10 of the New York city building code, as applicable.
   (b)   Post a notice in a form approved by the Commissioner of the Department of Housing Preservation and Development (“HPD” or “the Department”) in a common area of the building, readily visible and preferably in the area of the inspection certificate, 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 to periodically replace such devices upon the expiration of their useful life in accordance with article 312 of chapter 3 of title 28 of the administrative code of the city of New York, 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 with a device meeting the requirements of article 312 of chapter 3 of title 28 of the administrative code of the city of New York. In addition, the notice should state that the occupant of a dwelling unit in which a battery-operated smoke detecting device is provided and installed shall reimburse the owner a maximum of twenty-five dollars or a maximum of fifty dollars where a combined smoke and carbon monoxide detecting device is installed, 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. A sample of an approved notice is made part of these regulations in 28 RCNY § 12-04 and may also be found on HPD’s website at www.nyc.gov/HPD.
   (c)   The notice in 28 RCNY § 12-01(b) above:
      (1)   shall have letters not less than three-sixteenths of an inch in height;
      (2)   the lettering of the notice shall be of bold type and shall be properly spaced to provide good legibility and the background shall be of contrasting colors;
      (3)   the notice shall be durable and shall be substantially secured to the common area where posted;
      (4)   the notice shall be of metal, plastic, or decal;
      (5)   lighting shall be sufficient to make the notice easily legible.
   (d)   For the notice required by subdivisions (b) and (c) of this section, an owner may in lieu of such otherwise required notice instead choose to post a single notice that incorporates and complies with subdivisions (b) and (c) of this section as well as the provisions of 28 RCNY § 12-06(b) and 28 RCNY § 12-11(b). A sample of an approved single notice, the language of which may be used for compliance with this subdivision, is made part of these regulations in 28 RCNY § 12-12.1 and may also be found on HPD’s website at www.nyc.gov/HPD.
   (e)   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 with a device meeting the requirements of article 312 of chapter 3 of title 28 of the administrative code of the city of New York.
   (f)   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 and through no fault of the occupant of the dwelling unit.
   (g)   Keep the following records, on the premises or in the business office of the managing agent or owner, relating to the installation and maintenance of smoke detecting devices in the building:
      (1)   date notice posted pursuant to 28 RCNY § 12-01(b);
      (2)   date of installation of each smoke detecting device and other records showing that the device installed meets the requirements of Article 312 of Chapter 3 of Title 28 of the administrative code of the City of New York, including the manufacturer’s suggested useful life of each device;
      (3)   whether the smoke detecting device receives its primary power from the building wiring or whether it is a battery-operated device;
      (4)   apartment number and location within apartment where device installed;
      (5)   records showing that maintenance work performed on each device has met the requirements of Article 312 of Chapter 3 of Title 28 of the administrative code of the City of New York;
      (6)   date tenant requested replacement/repair.
      (7)   These records must be made available to the Commissioner of the Department of Housing Preservation and Development upon request.
(Amended City Record 9/18/2017, eff. 10/18/2017)
 
§ 12-12.1 Combined Form for Notice for Smoke Detecting Devices, Notice for Carbon Monoxide Alarms, and Notice for Suspected Gas Leak Procedures.
If an owner chooses to post a single notice that incorporates and complies with the notice requirements of 28 RCNY § 12-01(b) and (c), 28 RCNY § 12-06(b), and 28 RCNY § 12-11(b), the sample notice below may be used in lieu of the notices otherwise required by 28 RCNY § 12-01(b) and (c), 28 RCNY § 12-06(b), and 28 RCNY § 12-11(b) and shall be posted in a common area of the building, readily visible:
Notices for Suspected Gas Leaks, Smoke Detecting Devices, and Carbon Monoxide Alarms
(Added City Record 9/18/2017, eff. 10/18/2017)
 
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