NYC Common Area Electrical Outlet Safety Requirements Under Local Law 39 +27-2046.3(pdf file)

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NYC Common Area Electrical Outlet Safety Requirements Under Local Law 39 (pdf file)
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NYC Common Area Electrical Outlet Safety
  • NYC Common Area Electrical Outlet Safety Requirements Under Local Law 39 +27-2046.3(pdf file)
  • NYC Common Area Electrical Outlet Safety Requirements Under Local Law 39 +27-2046.3(pdf file)
  • NYC Common Area Electrical Outlet Safety Requirements Under Local Law 39 +27-2046.3(pdf file)
  • NYC Common Area Electrical Outlet Safety Requirements Under Local Law 39 +27-2046.3(pdf file)
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Description

NYC Local Law 39 of 2015 – Detailed Explanation

What Is Local Law 39?

Local Law 39 of 2015 was adopted by the New York City Council to improve child safety and reduce the risk of electrical shock injuries in apartment buildings.

The law requires owners of multiple dwellings (apartment buildings) to protect electrical outlets located in the public or common areas of the building.

The law became effective on September 3, 2015.

Why Was This Law Created?

Children can insert fingers, keys, paper clips, toys, or other metal objects into electrical outlets, causing:

  • Electric shock

  • Severe burns

  • Fire hazards

  • Serious injury or death

Many apartment buildings have electrical outlets in hallways, laundry rooms, recreation rooms, community spaces, lobbies, and other areas where children may be present.

Local Law 39 was enacted to reduce these risks by requiring either:

  1. Protective outlet covers or caps, or

  2. Tamper-resistant receptacles

throughout the building's common areas.

What Buildings Must Comply?

The law applies to:

  • Multiple dwellings

  • Apartment buildings

  • Cooperative buildings

  • Condominium buildings with common areas

  • Other multifamily residential properties

The requirement applies specifically to public parts of the building.

What Are Public Parts?

Public parts are areas available for common use by building occupants.

Examples include:

Covered Areas

  • Building lobby

  • Entrance vestibule

  • Hallways

  • Corridors

  • Laundry rooms

  • Community rooms

  • Recreation rooms

  • Mail rooms

  • Package rooms

  • Common storage rooms

  • Shared basements

  • Shared garages

  • Shared utility access areas

These locations generally require protection for electrical outlets.

What Does the Owner Have to Do?

The owner must comply in one of the following ways:

Option 1 – Install Outlet Covers

Install and maintain:

  • Protective caps

  • Safety covers

  • Child-resistant outlet protectors

  • Similar safety devices

over electrical outlets located in public areas.

Option 2 – Install Tamper-Resistant Receptacles

If the outlet itself is a listed tamper-resistant receptacle (TR outlet) that meets NYC Electrical Code requirements, additional outlet covers are not required.

What Is a Tamper-Resistant Receptacle?

A tamper-resistant receptacle contains internal spring-loaded shutters.

The shutters:

  • Remain closed when a single object is inserted

  • Open only when a proper electrical plug is inserted into both slots simultaneously

This helps prevent:

  • Children from inserting objects into outlets

  • Accidental electrical shocks

  • Electrical injuries

These outlets are typically marked with the letters "TR" on the face of the receptacle.

Which Outlets Must Be Tamper-Resistant?

Local Law 39 also amended the NYC Electrical Code.

The law requires that all 125-volt, 15-amp and 20-amp receptacles located in public parts of multifamily dwellings be listed tamper-resistant receptacles.

This covers most standard wall outlets found in residential buildings.

Are There Exceptions?

Yes.

The law specifically exempts outlets located in public areas used exclusively for:

Mechanical Equipment Rooms

Examples include:

  • Boiler rooms

  • Elevator machine rooms

  • HVAC equipment rooms

  • Electrical service rooms

Storage Areas

Examples include:

  • Storage closets

  • Dedicated storage rooms

In these locations, outlet covers or tamper-resistant receptacles are not required.

What Happens If an Owner Does Not Comply?

Failure to install or maintain the required protection is considered a Class A violation under the NYC Housing Maintenance Code.

A Class A violation is generally considered non-hazardous but must still be corrected by the property owner.

HPD inspectors may issue violations if they observe:

  • Missing outlet covers

  • Broken outlet covers

  • Damaged tamper-resistant receptacles

  • Unprotected outlets in required locations

Building Owner Compliance Checklist

A good compliance inspection should verify:

☐ Lobby outlets are protected

☐ Hallway outlets are protected

☐ Laundry room outlets are protected

☐ Community room outlets are protected

☐ Recreation room outlets are protected

☐ Basement common-area outlets are protected

☐ Outlet covers are present and secure

☐ Outlet covers are not cracked or damaged

☐ Tamper-resistant receptacles are functioning properly

☐ Mechanical equipment rooms are properly identified if relying on an exemption

Practical Compliance Tip

For many existing buildings, the easiest and lowest-cost solution is to install approved child-safety outlet covers on all exposed common-area outlets.

For renovations, upgrades, or outlet replacements, installing listed tamper-resistant (TR) receptacles is often the preferred long-term solution because they provide built-in protection without requiring separate outlet caps.

Summary

NYC Local Law 39 of 2015 requires apartment building owners to protect electrical outlets located in common or public areas by installing outlet safety covers or tamper-resistant receptacles. The law is intended to reduce electrical injuries, particularly among children. Mechanical equipment rooms and storage-only areas are exempt. Failure to comply may result in an HPD Class A violation.

Section 27-2046.3 of the New York City Housing Maintenance Code requires owners of multiple dwellings to install and maintain protective caps, outlet covers, or other approved safety devices on electrical outlets located in the public or common areas of residential buildings. The purpose of this requirement is to reduce the risk of electrical shock and injury, particularly to children, by preventing accidental contact with energized outlets. The law provides two exceptions: safety devices are not required in areas used exclusively for mechanical equipment or storage purposes, and they are not required on outlets that are listed tamper-resistant receptacles in accordance with the New York City Electrical Code. Property owners are responsible for ensuring that these safety devices remain installed and in good condition. Failure to comply with this requirement may result in a Class A violation being issued by the New York City Department of Housing Preservation and Development (HPD).
27-2046.3 Safety devices for certain electrical outlets required.
   a.   The owner of a multiple dwelling shall install and maintain protective caps, covers or other safety devices over electrical outlets in the public parts of such multiple dwelling, except that (1) such devices shall not be required in public parts used exclusively for mechanical equipment or storage purposes, and (2) such devices shall not be required for electrical outlets that are listed tamper-resistant receptacles in accordance with the New York city electrical code.
 
   b.   An owner who fails to install or maintain protective caps, covers or other safety devices in accordance with this section shall be liable for a class A violation.
 
(L.L. 2015/039, 5/6/2015, eff. 9/3/2015)

 

 

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