Finger Lakes Building Officials, Inc.

An Affiliated Member of the New York State Building Officials Conference

September 23, 2003

RE: Smoke alarm requirements in existing residential occupancies condominium complex
PMCNYS 704

This is in response to your question regarding whether the replacement of exterior decks on second floor dwelling units of an existing 210 unit complex, sold as condominiums, and which require permits from the Town, triggers the requirements of Residential Code of New York State (RCNYS) section 317.1.1 for the installation of smoke alarms in each of those dwelling units which require permits.

The Town adopted the SBCC effective April 1, 1953. You indicate that the 210 dwelling units were constructed in the 1970's. As such, they are permanent multiple dwellings (R-2 occupancy classification), sold as individual condominiums. Therefore, the RCNYS is not applicable to these dwelling units.

Property Maintenance Code of New York State (PMCNYS) is applicable to all R-2 occupancy buildings, no matter when they were constructed. Section 704.2, requires that single-or multiple-station smoke alarms shall be installed and maintained in Groups R-2, regardless of occupant load at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.

Section 704.3 requires that smoke alarms shall receive their primary power from the building wiring, and is equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection.
EXCEPTION: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes.

Additionally, section 704.4 requires that the required smoke alarms installed within an individual dwelling unit shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.
EXCEPTIONS:
1. Interconnection is not required in buildings which are not undergoing alterations, repairs, or construction of any kind.
2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes.

Therefore, all 210 dwelling units are required to have smoke alarms installed at the locations indicated in section 704.2 and those units which are having the decks replaced may be required to hard-wire those smoke alarms and to interconnect those smoke alarms.

Smoke alarms are an essential life safety feature in residential occupancies. These devices are readily available, inexpensive and have been shown to save lives by early warning.

This advisory opinion is rendered based upon the information provided. Administration and enforcement of the code are within the jurisdiction of the local authority. If you have questions regarding this advisory, please call me at (518) 474-4073.

Sincerely,
Cheryl A. Fischer, P.E.
Assistant Director for Code Interpretation
Codes Division
Al03-229

Finger Lakes Building Officials Association, Inc.
3100 Atlantic Ave.
Penfield, NY 14526