Section 27-2041
§ 27-2041 Peepholes. In every dwelling the owner shall provide and
maintain a peephole in the entrance door of each dwelling unit. Such
peephole shall be located, as prescribed by the department, in such a
place that the person in each dwelling unit may view from the inside any
person immediately outside the entrance door. However, such peephole
need not be installed in any tenant-occupied one- or two-family home
where it is possible to see from the inside any person immediately
outside the entrance door. This section shall not apply to hotels,
apartment hotels, college or school dormitories, or owner-occupied
dwelling units in one- and two-family homes.
Section 27-2042
§ 27-2042 Mirrors in elevators. The owner of a multiple dwelling in
which there are one or more self-service elevators shall affix and
maintain in each such elevator a mirror which enables persons to view
its interior before entering the same. The mirror shall meet such
requirements as the department shall by regulation prescribe.
Section 27-2043
§ 27-2043 Locks in dwelling unit doors. a. The owner of a dwelling
shall provide a key lock in the entrance door to each dwelling unit and
at least one key. In a class A multiple dwelling such door shall be
equipped with a heavy duty latch set and a heavy duty dead bolt operable
by a key from the outside and a thumb-turn from the inside.
b. Each dwelling unit entrance door in a class A multiple dwelling
shall also be equipped with a chain door guard so as to permit partial
opening of the door.
Section 27-2043.1
§ 27-2043.1 Window guards. a. An owner of a multiple dwelling and an
owner of a dwelling unit in a multiple dwelling owned as a condominium
shall provide, install and maintain a window guard, in accordance with
specifications established by the department of health and mental
hygiene, on each window of each dwelling unit in which a child ten years
of age or under resides, and on the windows, if any, in the public areas
of a multiple dwelling in which such a child resides.
b. Subdivision a of this section shall not apply to a window that
gives access to a fire escape or to a window that is a required means of
egress from a dwelling unit on the first floor of a multiple dwelling.
c. No tenant or occupant of a dwelling unit, or other person, shall
obstruct or interfere with the installation or maintenance of a window
guard as required by subdivision a of this section nor shall any person
remove such window guard.
d. No owner of a multiple dwelling and no owner of a dwelling unit in
a multiple dwelling owned as a condominium shall refuse a written
request of a tenant or occupant of a dwelling unit to provide, install
and maintain a window guard, in accordance with specifications
established by the department of health and mental hygiene, regardless
of whether such provision, installation and maintenance is required
pursuant to subdivision a of this section, except that this subdivision
shall not apply to a window that gives access to a fire escape or to a
window that is a required means of egress from a dwelling unit on the
first floor of a multiple dwelling.
e. Any owner required to provide, install and maintain a window guard
pursuant to subdivision a or d of this section who fails to provide,
install or maintain a window guard shall be liable for a class C
immediately hazardous violation. Notwithstanding any other provision of
law to the contrary, the time within which to correct such violation
shall be twenty-one days after service of the notice of violation.
f. Notwithstanding any other provision of law to the contrary, the
department shall be the sole agency of the city authorized to seek a
monetary penalty from an owner who is required to provide, install and
maintain a window guard for failure to provide, install or maintain such
window guard. Nothing in this section shall limit the authority of the
department of health and mental hygiene to investigate a fall from any
window or to issue an order to correct any condition that such
department determines contributed to such fall.
Section 27-2044
§ 27-2044 Fire protection in certain old law tenements. a. In every
old law tenement which is less than four stories in height:
(1) Every door opening into any entrance hall or stair, or into any
public hall connected therewith, shall be self-closing; every glazed
opening or glazed panel in such a door shall be glazed with wire glass,
and every transom opening upon any public hall shall be glazed with wire
glass firmly secured in a closed position; and
(2) Every interior sash, or opening other than a door, in the walls or
partitions of any such hall, and every window in any such hall not
opening to the outer air, shall be removed and the openings closed up
and fire-retarded; and
(3) The ceiling of the cellar, or if there is no cellar, of the
basement or other lowest story, shall be fire-retarded unless such
ceiling already has been plastered or covered in a manner satisfactory
to the department with plasterboard or gypsumboard at least one-half
inch in thickness.
b. In every old law tenement which is four stories or more in height:
(1) On all stories above the third story, every apartment door opening
into any stair or into any public hall connected therewith, unless such
stair or public hall is protected by an approved sprinkler system shall
have a fire resistance rating of at least one hour. Existing door frames
in good condition may be retained. All such doors shall comply with this
requirement, not later than November second, nineteen hundred
seventy-three.
(2) For all stories below the fourth story, any application for an
alteration permit for alterations to be made in an apartment below the
fourth story shall include the provision that every door of such
apartment opening into any entrance hall, stair or into any public hall
connected therewith, unless such entrance hall, stair or public hall is
protected by an approved sprinkler system, shall have a fire resistance
rating of at least one hour. Existing door frames in good condition may
be retained.
(3) Where apartment doors having a fire resistance rating of at least
one hour are required, every transom opening upon any entrance hall,
stair or public hall connected therewith shall be sealed and
fire-retarded. All other transoms opening upon any entrance hall, stair
or public hall connected therewith shall be glazed with wire glass and
permanently sealed in a closed position.
(4) All doors opening into any entrance hall, stair or into any public
hall connected therewith shall be self-closing; every glazed opening or
glazed panel in such a door shall be glazed with wire glass.
Section 27-2045
* § 27-2045 Duties of owner and occupant with respect to installation
and maintenance of smoke detecting devices in class A multiple
dwellings. a. It shall be the duty of the owner of a class A multiple
dwelling which is required to be equipped with smoke detecting devices
pursuant to article six of subchapter seventeen of chapter one of this
title to:
(1) provide and install one or more approved and operational smoke
detecting devices in each dwelling unit. Such devices shall be installed
in accordance with the requirements of reference standard 17-12.
(2) post a notice in a form approved by the commissioner in a common
area of the building 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 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.
(3) 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.
(4) 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 due to a defect in the manufacture of such
device and through no fault of the occupant of the dwelling unit.
(5) keep such records as the commissioner shall prescribe relating to
the installation and maintenance of smoke detecting devices in the
building and make such records available to the commissioner upon
request.
b. Notwithstanding the provisions of subdivision a of section 27-2005
of article one of this subchapter and subdivision c of section 27-2006
of article one of this subchapter, it shall be the sole duty of the
occupant of each dwelling unit in a class A multiple dwelling in which a
smoke detecting device has been provided and installed by the owner
pursuant to the provisions of article six of subchapter seventeen of
chapter one of this title to:
(1) keep and maintain such device in good repair; and
(2) replace any and all devices which are either stolen, removed,
missing or rendered inoperable during the occupancy of such dwelling
unit.
c. Except as otherwise provided in paragraphs three and four of
subdivision a of this section, an owner of a class A multiple dwelling
who has provided and installed a smoke detecting device in a dwelling
unit pursuant to this section shall not be required to keep and maintain
such device in good repair or to replace any such device which is
stolen, removed, missing or rendered inoperable during the occupancy of
such dwelling unit.
d. The occupant of a dwelling unit in which a battery-operated smoke
detecting device is provided and installed pursuant to this section
shall reimburse the owner a maximum of ten dollars 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.
e. For the purposes of this section, the term "class A" multiple
dwelling shall include garden-type maisonette dwellings constructed
before April eighteenth, nineteen hundred fifty-four and the term
"garden-type maisonette dwellings" shall be defined as any dwelling
project consisting of a series of dwelling units which together and in
their aggregate are arranged or designed to provide three or more
apartments, and are provided as a group collectively with all essential
services such as, but not limited to, house sewers and heat, and which
are operated as a unit under single ownership, notwithstanding that
certificates of occupancy were issued for portions thereof as private
dwellings.
* NB Effective until April 1, 2014
* § 27-2045 Duties of owner and occupant with respect to installation
and maintenance of smoke detecting devices in class A multiple
dwellings. a. It shall be the duty of 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 section
27-978, 27-979, 27-980 and 27-981 of the 1968 building code to:
(1) 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. Such devices shall be
installed at 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.
(2) post a notice in a form approved by the commissioner in a common
area of the building informing the occupants of such building (i) 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 (ii) 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.
(3) 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.
(4) 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 due to a defect in the manufacture of such
device and through no fault of the occupant of the dwelling unit.
(5) keep such records as the commissioner shall prescribe relating to
the installation and maintenance of smoke detecting devices in the
building, including records showing that such devices meet the
requirements of article 312 of chapter 3 of title 28 of the
administrative code of the city of New York, and make such records
available to the commissioner upon request.
b. Notwithstanding the provisions of subdivision a of section 27-2005
of article one of this subchapter and subdivision c of section 27-2006
of article one of this subchapter, it shall be the sole duty of the
occupant of each dwelling unit in a class A multiple dwelling in which a
smoke detecting device has been provided and installed by the owner
pursuant to the provisions of 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 to:
(1) keep and maintain such device in good repair; and
(2) replace any and all devices which are either 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.
c. Except as otherwise provided in paragraphs three and four of
subdivision a of this section and article 312 of chapter 3 of title 28
of the administrative code of the city of New York, an owner of a class
A multiple dwelling who has provided and installed a smoke detecting
device in a dwelling unit pursuant to this section shall not be required
to keep and maintain such device in good repair or to replace any such
device which is stolen, removed, missing or rendered inoperable during
the occupancy of such dwelling unit.
d. The occupant of a dwelling unit in which a battery-operated smoke
detecting device is provided and installed pursuant to this section
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.
e. For the purposes of this section, the term "class A" multiple
dwelling shall include garden-type maisonette dwellings constructed
before April eighteenth, nineteen hundred fifty-four and the term
"garden-type maisonette dwellings" shall be defined as any dwelling
project consisting of a series of dwelling units which together and in
their aggregate are arranged or designed to provide three or more
apartments, and are provided as a group collectively with all essential
services such as, but not limited to, house sewers and heat, and which
are operated as a unit under single ownership, notwithstanding that
certificates of occupancy were issued for portions thereof as private
dwellings.
* NB Effective April 1, 2014
Section 27-2046
* § 27-2046 Duties of owner with respect to installation and
maintenance of smoke detecting devices in class B multiple dwellings. It
shall be the duty of the owner of a class B multiple dwelling which is
required to be equipped with smoke detecting devices pursuant to article
six of subchapter seventeen of chapter one of this title to:
(1) provide and install one or more approved and operational smoke
detecting devices in each dwelling unit or, in the alternative, 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 and regulations promulgated by the
commissioner of buildings.
(2) keep and maintain smoke detecting devices in good repair.
(3) replace any smoke detecting device which has been stolen, removed,
missing or rendered inoperable prior to the commencement of a new
occupancy of a dwelling unit.
(4) keep such records as the commissioner shall prescribe relating to
the installation and maintenance of smoke detecting devices in each
dwelling unit and make such records available to the commissioner upon
request.
* NB Effective until April 1, 2014
* § 27-2046 Duties of owner with respect to installation and
maintenance of smoke detecting devices in class B multiple dwellings. It
shall be the duty of the owner of a class B 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 to:
(1) provide and install one or more approved and operational smoke
detecting devices in each dwelling unit or, in the alternative, 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 and regulations promulgated by the
commissioner of buildings.
(2) keep and maintain smoke detecting devices in good repair 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.
(3) replace any smoke detecting device which has been stolen, removed,
missing or rendered inoperable prior to the commencement of a new
occupancy of a dwelling unit, in accordance with article 312 of chapter
3 of title 28 of the administrative code of the city of New York.
(4) keep such records as the commissioner shall prescribe relating to
the installation and maintenance of smoke detecting devices in each
dwelling unit, including records showing that such devices meet the
requirements of article 312 of chapter 3 of title 28 of the
administrative code of the city of New York, and make such records
available to the commissioner upon request.
* NB Effective April 1, 2014
Section 27-2046.1
§ 27-2046.1 Duties of owner and occupant with respect to installation
and maintenance of carbon monoxide detecting devices in class A multiple
dwellings and private dwellings. a. As used in paragraphs two through
six of subdivision b of this section, the term "private dwelling" shall
mean a dwelling unit in a one-family or two-family home which is
occupied by a person or persons other than the owner of such unit or the
owner's family.
b. It shall be the duty of the owner of a class A multiple dwelling
and a private dwelling which is required to be equipped with one or more
carbon monoxide detecting devices pursuant to 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 to:
(1) provide and install one or more approved and operational carbon
monoxide detecting devices in each dwelling unit and replace such
devices as necessary in accordance with article 12 of chapter 3 of title
28 of the administrative code;
(2) post a notice in a form approved by the commissioner in a common
area of a Class A multiple dwelling and otherwise provide such notice to
the occupants of a private dwelling informing the occupants of such
dwelling that the owner is required by law to install one or more
approved and operational carbon monoxide detecting devices in each
dwelling unit in the dwelling and to periodically replace such devices
upon the expiration of their useful life, provided that an owner may
choose to post or otherwise provide a single notice that complies with
this provision as well as the provisions of paragraph two of subdivision
a of section 27-2045 of this article;
(3) replace any carbon monoxide detecting device which has been
stolen, removed, found 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;
(4) 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 due to a defect in the manufacture of such
device and through no fault of the occupant of the dwelling unit;
(5) provide written information regarding the testing and maintenance
of carbon monoxide detecting devices to at least one adult occupant of
each dwelling unit including, but not limited to, general information
concerning carbon monoxide poisoning and what to do if a carbon monoxide
detecting device goes off; the useful life of the device and the owner's
duty to replace such device pursuant to article 12 of chapter 3 of title
28 of the administrative code. Such information may include material
that is distributed by the manufacturer, material prepared by the
department of buildings or material approved by the department of
buildings; and
(6) keep such records as the commissioner shall prescribe relating to
the installation and maintenance of carbon monoxide detecting devices in
the building, including the manufacturers suggested useful life of
devices, 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 of this chapter, it shall be the
sole duty of the occupant of each dwelling unit in a class A multiple
dwelling and the occupant of a dwelling unit in a private dwelling in
which a carbon monoxide detecting device has been provided and installed
by the owner pursuant to the provisions of section 908.7 of the New York
city building code, sections 27-981.1, 27-981.2 and 27-981.3 of the 1968
building code or article 12 of chapter 3 of title 28 of the
administrative code to:
(1) keep and maintain such device in good repair; and
(2) replace any device which is either stolen, removed, missing or
rendered inoperable during the occupancy of such dwelling unit.
d. Except as otherwise provided in paragraphs three and four of
subdivision a of this section, an owner of a dwelling who has provided
and installed a carbon monoxide detecting device in a dwelling unit
pursuant to this section shall not be required to keep and maintain such
device in good repair or to replace any such device which is stolen,
removed, missing or rendered inoperable during the occupancy of such
dwelling unit.
e. It shall be unlawful for any person to tamper with or render
inoperable a carbon monoxide detecting device that is required under
article seven of subchapter seventeen of chapter one of this title,
except for replacing the batteries or for other maintenance purposes.
f. The occupant of a dwelling unit in which a carbon monoxide
detecting device is newly installed or installed to replace a device
that has exceeded the manufacturers suggested useful life or as a result
of such occupant's failure to maintain such device or where such device
has been lost or damaged by such occupant, shall reimburse the owner in
the amount of twenty-five dollars for the cost of such work. Such
occupant shall have one year from the date of installation to make such
reimbursement.
g. The provisions of this section may be enforced by the department,
the department of buildings, the fire department and the department of
health and mental hygiene.
Section 27-2046.2
§ 27-2046.2 Duties of owner and occupant with respect to installation
and maintenance of carbon monoxide detecting devices in class B multiple
dwellings. a. It shall be the duty of the owner of a class B multiple
dwelling which is required to be equipped with one or more carbon
monoxide detecting devices pursuant to 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 to:
(1) provide and install one or more approved and operational carbon
monoxide detecting devices in each dwelling unit or in the alternative,
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 in consultation with the department of buildings and the
fire department;
(2) keep and maintain carbon monoxide detecting devices in good repair
and replace such devices when necessary in accordance with article 12 of
chapter 3 of title 28 of the administrative code;
(3) replace any carbon monoxide detecting device which has been
stolen, removed, found missing or rendered inoperable prior to the
commencement of a new occupancy of a dwelling unit;
(4) keep such records as the commissioner shall prescribe relating to
the installation and maintenance of carbon monoxide detecting devices in
the building, including the manufacturers suggested useful life of
devices, and make such records available to the commissioner upon
request.
b. It shall be unlawful for any person to tamper with or render
inoperable a carbon monoxide detecting device that is required under
article seven of subchapter seventeen of chapter one of this title,
except for replacing the batteries or for other maintenance purposes.
c. The provisions of this section may be enforced by the department,
the department of buildings, the fire department and the department of
health and mental hygiene.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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