§ 12-01 Owner Responsibilities for Smoke Detecting Devices for Class A Multiple Dwellings.
RCNY § 12-01
Pursuant to § 27-2045(b)(1)(a) of the Administrative Code of the City of New York, the owner of a Class A multiple dwelling which must be equipped with smoke detecting devices pursuant to section 907.2 of the New York City building code or §§ 27-978, 27-979, 27-980 and 27-981 of the 1968 building code must: (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 907.2.11 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 must reimburse the owner a maximum of $25.00, or a maximum of $50.00 where a combined smoke and carbon monoxide detecting device or combined smoke and natural gas detecting device is installed, or $75.00 where a combined smoke, carbon monoxide and natural gas 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 must: (1) have letters not less than three-sixteenths of an inch in height; (2) have lettering of bold type and must be properly spaced to provide good legibility and the background must be of contrasting colors; (3) be durable and substantially secured to the common area where posted; (4) be of metal, plastic, or decal; and (5) have lighting 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, 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. The single notice permitted by this subdivision may be posted digitally if it meets all of the requirements of subdivisions (e), (f) and (g) of this section, except that such digital single notice may not include the notice required under 28 RCNY § 12-11(b), which must be posted in hard copy.
(e)For the notice required by subdivisions (b) and (c) of this section, an owner may, in lieu of installing a physical sign that meets the requirements of subdivision (c) of this section, install a digital sign that otherwise complies with subdivisions (b), (d), (f), and (g) of this section.
(f)A digital sign provided pursuant to subdivision (e) of this section must: (1) display the title of the digital sign in letters that measure a minimum size of .25 inches at all times; (2) display the content of the digital sign in letters that measure a minimum size of .25 inches but can be expanded to a larger size; (3) use lettering of bold type that is properly spaced to provide good legibility on a background of contrasting colors; (4) be durable and substantially secured to the common area where posted; (5) have lighting sufficient to make the digital sign easily legible; (6) operate at all times during which the room or space where the digital sign is located is open and accessible. If the digital sign becomes inoperable, the owner must immediately display physical notices as described in this section until such time as the digital sign is made operable; (7) display the content as required by this section in a manner that is reasonable for viewing and comprehension, which may be accomplished through the simultaneous display of all required notices with the ability to click to enlarge such notices; (8) comply with all applicable standards of the Americans With Disabilities Act ("ADA") Standards For Accessible Design; and (9) display content in English, Spanish, and such other language as the owner deems necessary to adequately provide notice to the occupants.
(g)If an owner installs a digital sign as allowed pursuant to subdivision (e) of this section, such owner must also install a digital sign as described in 28 RCNY § 12-06(c) (notice regarding carbon monoxide alarm requirements), 28 RCNY § 12-09.1(f) (notice regarding natural gas detecting devices), 28 RCNY § 25-101(f) (notice regarding owner's right of access and requirements for notification), 28 RCNY § 25-201(c) (notice regarding collection and disposal of garbage), 28 RCNY § 46-01(b) (notice regarding housing information guide), 28 RCNY § 56-03(c) (notice regarding temperature reporting device), and 28 RCNY § 59-01(c) (notice regarding bedbug infestation).
(h)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.
(i)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.
(j)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), 28 RCNY § 12-01(d) or installed pursuant to 28 RCNY § 12-01(e); (2) the expiration date of the manufacturer's suggested useful life of each device; and (3) records showing that such devices meet the requirements of all applicable laws and rules.
(4)These records must be made available to the Commissioner of the Department of Housing Preservation and Development, the Department of Buildings ("DOB"), the Fire Department ("FDNY"), or the Department of Health and Mental Hygiene ("DOHMH") upon request. (Amended City Record 9/18/2017, eff. 10/18/2017; amended City Record 1/2/2026, eff. 2/1/2026)
