Smoke Detecting Devices Notice(28 RCNY § 12-01)

New York City 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 in their homes from the dangers of fire and carbon monoxide poisoning (carbon monoxide is an odorless and highly toxic gas).

 

 

BUY NOW

Smoke Detecting Devices Notice

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 Monoxide 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): Record keeping 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). Record keeping 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)
 
 
 
§ 27-2045 Duties of owner and occupant with respect to installation and maintenance of smoke detecting devices, carbon monoxide detecting devices and natural gas detecting devices.
 
   a.   As used in this section:
 
      Class A multiple dwelling. The term “class A multiple dwelling” means a class A multiple dwelling as defined in paragraph 8 of subdivision a of section 27-2004, except that such term shall include garden-type maisonette dwellings constructed before April 18, 1954.
 
      Garden-type maisonette dwelling. The term “garden-type maisonette dwelling” means a dwelling project consisting of a series of dwelling units that, together and in their aggregate, are arranged or designed to provide three or more apartments; are provided as a group collectively with all essential services such as, but not limited to, house sewers and heat; and are operated as a unit under single ownership, notwithstanding that certificates of occupancy were issued for portions thereof as private dwellings, as such term is defined in paragraph 6 of subdivision a of section 27-2004.
 
      Private dwelling. The term “private dwelling” means a dwelling unit in a one-family or two-family home that is occupied by a person or persons other than the owner of such unit or the owner’s family.
 
   b.   The owner of a class A multiple dwelling, class B multiple dwelling or private dwelling shall:
 
      1.   (a)   Provide and install one or more approved and operational smoke detecting devices in each dwelling unit in accordance with 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, as applicable, or, in the alternative for class B multiple dwellings, provide and install a line-operated zoned smoke detecting system with central annunciation and central office tie-in for all public corridors and public spaces, pursuant to rules promulgated by the commissioner of buildings, except that this paragraph shall not apply to private dwellings;
 
         (b)   Provide and install one or more approved and operational carbon monoxide detecting devices in each dwelling unit in accordance with section 908.7 of the New York city building code or sections 27-981.1, 27-981.2 and 27-981.3 of the 1968 building code, as applicable, or, in the alternative for class B multiple dwellings, provide and install a line-operated zoned carbon monoxide detecting system with central annunciation and central office tie-in for all public corridors and public spaces, pursuant to rules promulgated by the commissioner of buildings or by the commissioner in consultation with the department of buildings and the fire department;
 
         (c)   Provide and install one or more approved and operational natural gas detecting devices in accordance with section 908.10 of the New York city building code or section 28-315.2.3 of the code, as applicable, or, in the alternative for class B multiple dwellings, provide and install a line-operated zoned natural gas detecting system with central annunciation and central office tie-in for all public corridors and public spaces, pursuant to rules promulgated by the commissioner of buildings or by the commissioner in consultation with the department of buildings and the fire department;
 
      2.   Periodically replace any device required under paragraph 1 of this subdivision upon expiration of its useful life in accordance with article 312 of title 28 of the code;
 
      3.   (a)   For a class A multiple dwelling or private dwelling, replace any such device that has been stolen, removed, found missing or rendered inoperable during a prior occupancy of the dwelling unit and that has not been replaced by the prior occupant before commencement of a new occupancy of such dwelling unit, except that this paragraph shall not apply to smoke detecting devices in private dwellings;
 
         (b)   For a class B multiple dwelling, replace any such device that has been stolen, removed, found missing or rendered inoperable before commencement of a new occupancy of such dwelling unit;
 
      4.   Where any such device becomes inoperable within one year after installation due to a defect in the manufacture of such device and through no fault of the occupant of such dwelling unit, replace such device within 30 calendar days after receiving written notice that such device is inoperable, except that this paragraph shall not apply to class B multiple dwellings or smoke detecting devices in private dwellings;
 
      5.   Post a notice in a form approved by the commissioner in a common area of the building or, for private dwellings, provide to the occupants thereof a notice, indicating that (i) the owner is required by law to install such devices and to periodically replace such devices upon the expiration of their useful life, and (ii) each occupant is responsible for the maintenance and repair of such devices that are battery-operated and within such occupant’s dwelling unit and for replacing, in accordance with article 312 of title 28 of the code, any or all such devices which are stolen, removed, found missing or rendered inoperable during such occupant’s occupancy of such dwelling unit, except that this paragraph shall not apply to class B multiple dwellings or smoke detecting devices in private dwellings;
 
      6.   Provide to at least one adult occupant of such dwelling unit information relating to (i) the risks posed by carbon monoxide poisoning and, if natural gas detecting devices are required to be installed in such dwelling unit by rules promulgated by the commissioner of buildings, the risks posed by natural gas leaks, (ii) the testing and maintenance of smoke detecting devices, carbon monoxide detecting devices and, if natural gas detecting devices are required to be installed in such dwelling unit by rules promulgated by the commissioner of buildings, natural gas detecting devices, (iii) what to do if such devices alert, (iv) the useful life of such devices, (v) the owner’s duty to replace such devices pursuant to article 312 of title 28 and (vi) the occupant’s duty to maintain and repair such devices that are battery-operated and within such occupant’s dwelling unit and replace any or all such devices within such dwelling unit that are stolen, removed, found missing or rendered inoperable during such occupant’s occupancy of such dwelling unit; provided that the information provided in accordance with this paragraph may include material that is distributed by the manufacturer or material prepared or approved by the department of buildings; except that this paragraph shall not apply to class B multiple dwellings or smoke detecting devices in private dwellings; and
 
      7.   Keep such records as the commissioner shall prescribe relating to the installation and maintenance of smoke detecting devices, carbon monoxide detecting devices and natural gas detecting devices in the dwelling, including the manufacturer’s suggested useful life of such devices and records showing that such devices meet the requirements of all applicable laws and rules, and make such records available to the commissioner upon request.
 
   c.   Notwithstanding the provisions of subdivision a of section 27-2005 and subdivision c of section 27-2006, the occupant of each dwelling unit in a class A multiple dwelling or private dwelling in which a device required by paragraph 1 of subdivision b of this section has been provided and installed shall:
 
      1.   Keep and maintain such device in good repair; and
 
      2.   Replace such device if it is stolen, removed, found missing or rendered inoperable during the occupant’s occupancy of such dwelling unit.
 
   d.   It shall be unlawful for any person to tamper with or render inoperable a required smoke detecting device, carbon monoxide detecting device or natural gas detecting device, except to replace the batteries of such device or for other maintenance purposes.
 
   e.   The occupant of a dwelling unit within a class A multiple dwelling or private dwelling in which a battery-operated smoke detecting device, carbon monoxide detecting device or natural gas detecting device is newly installed, or installed to replace a device that has exceeded the manufacturer’s useful life or that has been lost or damaged by such occupant or installed as a result of such occupant’s failure to maintain such device, shall reimburse the owner for the cost of providing and installing such device an amount not to exceed (i) $25 for each smoke detecting device, carbon monoxide detecting device or natural gas detecting device, (ii) $50 for each combined smoke and carbon monoxide detecting device, combined smoke and natural gas detecting device or combined carbon monoxide and natural gas detecting device and (iii) $75 for each combined smoke, carbon monoxide and natural gas detecting device.
 
   f.   This section may be enforced by the department, the department of buildings, the fire department and the department of health and mental hygiene.
 
(Am. L.L. 2016/157, 12/6/2016, eff. 5/1/2019)
 
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/157.
 
 
 
 
new-hpd-sign.jpeg
 
 
 
 
 
 

Owner Requirements

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

 

Tenant Responsibilities

Tenants are responsible for maintaining both devices:

  • Test all carbon monoxide and smoke detectors at least once a month.
  • Replace the batteries (only the recommended type) in carbon monoxide and smoke detectors at least twice a year.
  • Listen for an alarm sound when the battery is low, and replace the battery immediately.
  • Never paint over detectors.

Tenants are responsible for replacing a detector which has been stolen, removed, missing, or rendered inoperable during occupancy:

  • Tenants who live in a Class A building (permanent occupancy) 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 either device.
  • 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.

read more

 
 
 
 

DISCLAIMER to comply with the New York City Consumer Protection Law which applies to all businesses operating in New York City: We are small family-owned and family-operated Brooklyn-based business. We are not a City of New York store nor are the website, products or services affiliated with the City of New York or any agency of the City of New York. We ourselves, our business, websites, products, services, or any hyperlinks from its website are not sponsored by, approved by, affiliated with, endorsed by, or connected to the City of New York or any agency of the City of New York, including but not limited to HPD, DOB, DOT, DSNY, FDNY and federal directly or by implication.

DISCLAIMER These codes may not be the most recent version. The State / federal or other regulation department may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

The requirements for sign content are determined by intended use and by applicable regulation. The BUYER is responsible for determining the appropriate content for a sign or package of signs.  WE makes no warranty or representation of suitability of a sign for any specific application. IT IS THE CUSTOMER'S RESPONSIBILITY TO ENSURE THAT THE SIGNS THE CUSTOMER ORDERS ARE IN COMPLIANCE WITH ALL STATE, FEDERAL, LOCAL, AND MUNICIPAL LAWS. Please review terms and conditions prior to purchase. 

For more information about what is required, see the laws that are referenced and the rules applicable to your city and state. This page is for informational purposes only and is not intended as legal advice, professional advice or a statement of law. You may wish to consult with an attorney.