STATE OF NEW YORK ________________________________________________________________________ 3249--A 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 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, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08131-05-4
S. 3249--A 2 1 c. every multiple-family dwelling and dwelling accommodation located 2 in a building owned as a condominium or cooperative in the state used as 3 a residence shall have installed an operable single station smoke 4 detecting alarm device or devices in an area so that it is clearly audi- 5 ble in each common space, with rules to be promulgated by the council. 6 For purposes of this subdivision, common space means a space accessible 7 by all residents, including, but not limited to, a lobby, a hallway, and 8 a stairwell, 9 d. such device or devices shall be in compliance with the uniform 10 code, provided, however, that for purposes of this subdivision, battery 11 operated devices shall be permitted, 12 [d.] e. upon conveyance of any real property containing a one or two- 13 family dwelling or a condominium unit used as a residence and the 14 transferor of the shares allocated to an apartment located in a building 15 owned by a cooperative housing corporation where such apartment is used 16 as a residence, the grantor shall deliver to the grantee at the time of 17 conveyance an affidavit indicating that the grantor is in compliance 18 with this subdivision. The grantee shall have ten days from the date of 19 conveyance within which to notify the grantor if the alarm or alarms are 20 not operable. Upon notification, the transferor shall bear any cost of 21 compliance with the provisions of this subdivision, 22 [e.] f. notwithstanding any other provision of law, a failure to 23 comply with the provisions of this subdivision shall not be a breach of 24 any warranty in a conveyance of real property, nor shall it be a defense 25 to any claim made under a policy of insurance issued to insure the prop- 26 erty against fire or other casualty loss. 27 § 2. This act shall take effect immediately.