Section 15. 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,  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.