Section 68. Smoke detecting devices

1. This section shall apply to all
  multiple dwellings, whenever constructed, provided however, that for the
  purposes of this section the term "multiple dwelling" shall also include
  any dwelling accommodation used as a temporary  or  permanent  residence
  located in any building owned as a condominium or cooperative.
    2. (a) The owner of every multiple dwelling to which the provisions of
  this  section  apply shall equip each apartment or other separate living
  unit in such multiple  dwelling  with  approved  and  operational  smoke
  detecting  devices  in  conformity  with  the  state fire prevention and
  building code; provided, however, that any multiple dwelling not subject
  to the provisions of such code may, in the alternative, be equipped with
  battery-operated smoke detecting devices  of  a  type  accepted  by  the
  division of housing and community renewal.
    (b) In hotels and other class B multiple dwellings, and in any portion
  of  a class A 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 class A  multiple  dwellings,  other  than  any
  portion  of  any  such  dwelling  used  for  single  room occupancy, and
  notwithstanding the provisions of section  seventy-eight  or  any  other
  provision of this chapter, or of any 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 a class B multiple dwelling, or any portion of a
  class A 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 seventy-eight 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.
    7. This section shall not apply within cities with a population of one
  million or more, provided however, any local law in such cities relating
  to  smoke  detecting  devices  shall  provide  for  the installation and
  maintenance  of  smoke  detecting  devices  in  dwelling  accommodations
  located in buildings owned as condominiums or cooperatives.