CHAPTER 2
HOUSING MAINTENANCE CODE

[table of contents]

SUBCHAPTER 2
MAINTENANCE, SERVICES, AND UTILITIES

ARTICLE 11
Protective Devices and Fire Protection

[Section] Section
[D26-20.01] 27-2041 Peepholes
[D26-20.03] 27-2042 Mirrors in Elevators
[D26-20.05] 27-2043 Locks in Dwelling Unit Doors
[D26-20.07] 27-2044 Fire Protection in Certain Old Law Tenements
[D26-20.08] 27-2045 Duties of Owner and Occupant with Respect to Installation and Maintenace of Smoke Detecting Devices in Class A Multiple Dwellings
[D26-20.09] 27-2046 Duties of Owner with Respect to Installation and Maintenance of Smoke Detecting Devices in Class B Multiple Dwellings


Sec. [D26-20.01] 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.

[back to top]

Sec. [D26-20.03] 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.

[back to top]

Sec. [D26-20.05] 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.

[back to top]

Sec. [D26-20.07] 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 gypsum board 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.

[back to top]

Sec. [D26-20.08] 27-2045 Duties of owner and occupant with respect to installation and maintenance of smoke detecting devices in class A multiple dwelling.

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 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 (3) and (4) 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.

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.

[back to top]

Sec. [D26-20.09] 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, provides 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.

[back to top]

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name