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§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
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Editor's note: this §27-2046.1 has been REPEALED by L.L. 2016/157, 12/6/2016, effective 5/1/2018.
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stolen, removed, found missing or rendered inoperable during a prior occupancy of the dwelling unit and which has not been replaced by the prior occupant prior to the commencement of a new occupancy of a dwelling unit;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.
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