(b) In hotels, tourist houses, lodging houses, rooming houses,
boarding houses, boarding and nursery schools, furnished room houses,
club houses, sorority and fraternity houses, college and school
dormitories, convalescent, old age and nursing homes, any dwelling which
is two or more stories in height, with five or more boarders, roomers or
lodgers residing with any one family, and any multiple dwelling used for
single room occupancy, at least one smoke detecting device shall be
located within each room used for sleeping purposes. In any other
multiple dwelling or portion thereof, there shall be at least one smoke
detecting device located within each apartment or separate living unit,
in an area so that it is clearly audible in each bedroom or other room
used for sleeping purposes, with intervening doors closed; provided,
however, that no smoke detecting device be located more than ten feet
from the entrance to any bedroom or other room used for sleeping
purposes.
(c) Each smoke detecting device shall include a test device to permit
the occupant to readily determine if it is operational.
(d) In addition to complying with the provisions of this section, the
type, location, number, and manner of installation of smoke detecting
devices shall be in accordance with standards prescribed by the state
fire prevention and building code council.
3. (a) With respect to multiple dwellings which are occupied for
permanent residential purposes only, other than any portion of any such
dwelling used for single room occupancy, and notwithstanding the
provisions of sections forty and one hundred seventy-four or any other
provision of this chapter, or of any other law or requirement, state or
local, the duties of the owner and tenant with respect to smoke
detecting devices installed pursuant to this section shall be as
provided in subdivisions four and five of this section.
(b) With respect to multiple dwelling units as specified in paragraph
(b) of subdivision two of this section, or any portion of any multiple
dwelling used for single room occupancy, the provisions of subdivision
five of this section shall not apply, and smoke detecting devices
installed as required by this section shall be subject to the provisions
of section forty or one hundred seventy-four of this chapter.
(c) The owner of every multiple dwelling shall keep such records as
the state fire prevention and building code council shall prescribe
relating to the installation and maintenance of smoke detecting devices
in the building and make such records available to any local code
enforcement official on request.
4. In addition to initially providing and installing the smoke
detecting devices, the owner shall:
(a) replace within thirty 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 apartment or other unit;
(b) upon the occurrence of a vacancy, replace or properly equip any
such device which has been removed or rendered inoperable, so as to
provide operational smoke detecting devices for any new tenant; and
(c) notify tenants in writing, individually or through posting of a
notice in a common area of the building, of the respective duties of
owners and tenants under this section.
5. Except as provided in paragraph (b) of subdivision three of this
section, the tenant shall keep and maintain any smoke detecting device
installed pursuant to this section in good repair and replace any such
device which becomes inoperable during his occupancy.
6. An owner need not furnish or install a smoke detecting device where
one has already been installed, provided that (a) the type of such
device and the manner of its installation comply with the provisions of
this section and the standards prescribed by the state fire prevention
and building code council, (b) the existing device is tested and found
to be operational, and (c) the existence of such device in lieu of an
owner-furnished device is noted on the records kept by the owner
pursuant to paragraph (c) of subdivision three of this section.
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