Section 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  article   seven   of
  subchapter seventeen of chapter one of this title to:
    (1)  provide  and  install one or more approved and operational carbon
  monoxide detecting devices in each dwelling unit;
    (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, 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  occupancy of the dwelling unit and which has not been  replaced  by  the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. 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 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 article seven of subchapter
  seventeen of chapter one of this title 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  in  which a carbon monoxide
  detecting device  is  installed  by  the  owner  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.