Smoke Alarms: Nyc Apartment Safety Requirements

New York City law requires the installation and maintenance of smoke detectors in all apartments. Landlords are required to provide and install at least one approved and operational smoke detector in every apartment. It is then the responsibility of the tenant to test the device each month and replace the batteries when they die or, as recommended, twice a year. Smoke alarms must be located in or near bedrooms.

Landlord responsibility to install and tenant responsibility to maintain

In New York City, landlords are responsible for installing smoke detectors in each apartment, within ten feet of each room used for sleeping. The smoke detectors should be clearly audible in each of those rooms. Specifically, New York City Administrative Code § 27-2045 states that:

> It shall be the duty of the owner of a class A multiple dwelling… to provide and install one or more approved operational smoke detecting devices in each dwelling unit.

Landlords must also repair or replace any broken smoke detectors during the first year of use if their malfunction is not the tenant's fault.

Once a landlord installs a working smoke detector, the responsibility to maintain the device switches to the tenant. This includes replacing any and all devices that are stolen, removed, missing, or rendered inoperable during the occupancy of the dwelling unit. However, if the smoke detector becomes inoperable within one year after installation due to no fault of the tenant, the landlord is responsible for replacing it.

Tenants are responsible for maintaining smoke detectors by:

• Testing them at least once a month
• Replacing the batteries (with the recommended type) at least twice a year
• Replacing the battery immediately when the low-battery alarm sounds
• Never painting over the detectors

Location requirements for smoke alarms

In New York City, the installation and maintenance of smoke detectors and carbon monoxide detectors are required by law. Both property owners and tenants are responsible for ensuring that these devices are functional and properly located to protect against the dangers of fire and carbon monoxide poisoning.

For tenants, this means conducting regular maintenance, including testing the detectors at least once a month and replacing their batteries at least twice a year. Tenants should also refrain from painting over the detectors and should notify the building owner if a detector is stolen, removed, missing, or becomes inoperable.

Building owners, on the other hand, are responsible for providing and installing at least one approved and operational smoke detector and carbon monoxide detector within each dwelling unit. In Class A Multiple Dwellings, which are buildings with permanent occupancy, detectors must be installed within 15 feet of the primary entrance to each room lawfully used for sleeping. This includes apartment bedrooms. For Class B Dwellings, which are buildings with transient use, the requirements are slightly different. In these cases, a detector must be installed within each dwelling unit or a line-operated zoned carbon monoxide and smoke detector system must be installed throughout the multiple dwelling as per the regulations outlined by the New York City Department of Buildings.

In addition to the requirements for dwellings, there are also specific guidelines for the location of smoke alarms and smoke detectors in group R occupancies, as outlined in the New York City Building Code. As of January 1, 2021, these devices must be installed in accordance with the relevant sections of the building code, ensuring that they are placed in optimal locations to detect and alert occupants of potential fire hazards.

Battery requirements for smoke alarms

In New York City, the law requires the installation and maintenance of smoke detectors and carbon monoxide detectors. Both property owners and tenants have responsibilities to ensure that all New Yorkers remain safe from the dangers of fire and carbon monoxide poisoning.

As per Local Law 112, owners of multi-family dwellings such as apartments and condominiums are required to replace battery-operated smoke alarms when the alarms exceed the manufacturer's suggested useful life or expiration, generally after 10 years. The law also states that replacement alarms must emit an audible end-of-life signal to notify residents of their expiration.

The 10-year sealed battery requirement for smoke alarms does not apply to alarms that are hard-wired or powered by the building's electric current. Owners of such dwellings are only required to replace any supplemental, battery-operated alarms with sealed, 10-year battery models upon expiration.

Tenants are responsible for maintaining both smoke and carbon monoxide detectors. This includes testing the detectors at least once a month and replacing the batteries (with only the recommended type) at least twice a year. Tenants should listen for an alarm sound when the battery is low and replace the battery immediately. It is also the tenant's responsibility to replace a detector that has been stolen, removed, missing, or rendered inoperable during their occupancy.

In summary, while the specific battery requirements for smoke alarms in NYC depend on the type of dwelling and alarm system, tenants should be aware of their responsibility to maintain working detectors and replace batteries as needed, and landlords should ensure their properties are equipped with the appropriate detectors and batteries.

Reimbursement for replacement detectors

In New York City, both property owners and tenants are responsible for ensuring that all residents are safe from the dangers of fire and carbon monoxide poisoning.

Tenants are responsible for reimbursing the property owner for replacement detectors in certain circumstances. If a tenant lives in a Class A building (permanent occupancy), they must reimburse the building owner $25 for each smoke detector and each carbon monoxide detector, or $50 for each joint smoke/carbon monoxide detector that is newly installed or installed as a result of the occupant’s failure to maintain the detector, or where the detector has been lost or damaged by the occupant. The occupant has one year from the date of installation to make a payment.

Tenants who live in Class B buildings (transient use) are not required to reimburse property owners for replacement detectors.

Tenants in private dwellings (1-2 family homes) must reimburse the building owner $25 for each carbon monoxide detector that is newly installed or installed as a result of the occupant’s failure to maintain the detector, or where the detector has been lost or damaged by the occupant. The occupant has one year from the date of installation to make a payment.

If a tenant owns their apartment, the board and shareholders must decide whether to install a detector.

Installation requirements

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, at least one detector must be installed within 15 feet of the primary entrance to each room lawfully used for sleeping purposes.

In Class B Dwellings, at least one detector must be installed within each dwelling unit or a line-operated zoned carbon monoxide and smoke detector system must be installed 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 must be installed within each dwelling unit, including at least one carbon monoxide detector within 15 feet of the primary entrance to each room lawfully used for sleeping purposes.

Testing and maintenance of detectors

In New York City, tenants are responsible for testing their carbon monoxide and smoke detectors at least once a month. They should also listen out for a low-battery alarm and replace the battery immediately with the recommended type. Tenants should also never paint over detectors.

If you live in a Class A building (permanent occupancy), you must reimburse the building owner $25 for each smoke detector and each carbon monoxide detector, or $50 for each joint smoke/carbon monoxide detector that needs to be installed as a result of your failure to maintain the detector. You have one year from the installation date to make the payment.

If you live in a Class B building (transient use), you are not required to reimburse the property owner for either device.

If you live in a private dwelling (1-2 family homes), you must reimburse the building owner $25 for each carbon monoxide detector that needs to be installed as a result of your failure to maintain the detector. Again, you have one year from the installation date to make the payment.

Residential owners are required to ensure that tenants are provided with both carbon monoxide and smoke detectors. They must also replace any carbon monoxide and smoke detectors that are stolen, removed, missing, or rendered inoperable before a new tenant moves in if the previous tenant did not replace them.

In Class A Multiple Dwellings, owners must 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.

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, at least one detector must be installed within 15 feet of the primary entrance to each room lawfully used for sleeping purposes.

In Class B Dwellings, at least one detector must be installed within each dwelling unit or a line-operated zoned carbon monoxide and smoke detector system throughout the multiple dwellings in accordance with the rules and regulations promulgated by the New York City Department of Buildings.

In one- and two-family homes (non-owner-occupied units), there must be at least one approved and operational detector within each dwelling unit, including at least one carbon monoxide detector within 15 feet of the primary entrance to each room lawfully used for sleeping purposes.

To test and clean smoke detectors in New York City, an individual must hold a valid Certificate of Fitness for Cleaning and Testing of Smoke Detectors (F-78 / S-78). The NYC Fire Department (FDNY) requires that smoke detectors in a building or structure be tested and cleaned in accordance with the Fire Code, the NYC Fire Rules, and NFPA 72, 2002 edition (FC 907.20). An owner or operator may hire either an employee with an F-78 certificate or an FDNY-certified smoke detector company, which employs an individual with an S-78 certificate. These Certificates of Fitness are valid only for the specific people to whom they are issued. F-78 can only be used at a specific location, while S-78 can be used anywhere within New York City.

Frequently asked questions