Bill Text: NY S03249 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires the installation of smoke detectors in common places of certain multiple dwellings.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Engrossed) 2024-06-07 - SUBSTITUTED BY A5730B [S03249 Detail]

Download: New_York-2023-S03249-Amended.html

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                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.