New York broadened its common-area smoke alarm mandate by deleting the words “condominium or cooperative”
New York broadened its common-area smoke alarm mandate by deleting the words “condominium or cooperative”
2026-09-15 · New York · Compliance
A 2024 New York law expressly named condominiums and cooperatives in a new common-area smoke alarm mandate. A 2025 law deleted that clause. Boards that read the deletion as relief have it backwards — the replacement test is wider, and the public-housing exemption went with it.
Chapter 21 of the Laws of 2025 amended Executive Law § 378(5-b)(c) and moved the operative date of the 2024 chapter to December 31, 2025. It passed the Assembly 149–0 and the Senate 61–0, and was signed February 14, 2025.1
What was struck, and what replaced it
Here is the amendment, with the deleted text in brackets:
“c. every [multiple-family dwelling, except for a property owned or operated by a public housing authority subject to federal safety and inspection standards pursuant to title twenty-four of the code of federal regulations, and every dwelling accommodation located in a building owned as a condominium or cooperative in the state used as a residence,] residential building with a common space or common spaces shared between three or more dwelling units shall have installed an operable [single station] smoke detecting alarm device [or], devices, system or systems such that [it] an alarm notification is clearly audible in each common space, with rules to be promulgated by the council in accordance with nationally recognized standards.”
The codified section now reads, per the Department of State's consolidated laws: “every residential building with a common space or common spaces shared between three or more dwelling units shall have installed an operable smoke detecting alarm device, devices, system or systems such that an alarm notification is clearly audible in each common space, with rules to be promulgated by the council in accordance with nationally recognized standards.”2
Three or more units and a shared lobby is the whole test
A New York condominium or cooperative is a residential building with common space shared between three or more dwelling units. Removing the express clause did not remove the building — it simply stopped naming it.
And the exemption that was deleted is the public-housing authority carve-out. So the amendment narrowed nobody's obligation and widened the covered class.
The compliance detail is “audible in each common space”
This phrase is doing the real work, and it is where a board's cost sits. The requirement is not one device per building or one per floor. It is that an alarm notification be clearly audible in each common space.
For a New York building that means working through the spaces one at a time. A long double-loaded corridor may need more than one device to be clearly audible at both ends. A multi-flight stairwell is one space by name and several by acoustics. And the statute contemplates a “system or systems” as well as individual devices, which is the design answer for a larger building — an interconnected system with notification appliances rather than a scatter of single-station alarms.
Note what the amendment also removed: the words “single station.” The original provision contemplated stand-alone battery devices. The current text contemplates devices, systems, or both.
Which common spaces count is a rulemaking question
The statute hands the definition to the State Fire Prevention and Building Code Council, with a floor:
“The council shall define common spaces for the purposes of the standards promulgated pursuant to this paragraph, provided that such definition shall include any spaces accessible by all residents, including, but not limited to, lobbies, hallways, and stairwells.”
So lobbies, hallways and stairwells are in by statute. Beyond those, it depends on the Council's rules. The spaces a New York board would want to know about are the ones that are arguably accessible by all residents without being a lobby, hallway or stairwell: a laundry room, a package room, a mail room, a bicycle room, a community room, a basement corridor, a roof landing, an interior garage.
We could not establish whether the Council has promulgated those rules. That is a real gap, and it is a question for an engineer or fire-protection consultant rather than a guess. The statutory minimum — lobbies, hallways, stairwells — is safe to design to; the rest is not yet settled as far as we can tell.
Why this is easy to miss and expensive to miss
Three reasons this particular obligation slips past New York boards.
It is in the Executive Law, not the Uniform Code as boards read it. Section 378 is the statute directing the Code Council; a board's compliance calendar is usually built from local filings and inspection cycles, and this is neither.
The date moved. The 2024 chapter originally took effect immediately; Chapter 21 of 2025 amended that chapter's own effective-date clause to read “This act shall take effect [immediately] December 31, 2025.” A board that looked at this in early 2025 and concluded it had time was right, and the time has now run.
There is nothing to file. Unlike a facade report or an emissions report, this obligation produces no submission, which means nothing chases a board that has not complied. It surfaces at an inspection, or after a fire.
Outside New York City this sits inside the Uniform Fire Prevention and Building Code enforcement done by the municipality; in New York City the Building Code and Fire Code govern and the obligation sits alongside a building's existing alarm and detector requirements. Our New York condo safety inspections page covers the inspection landscape.
What else changed in the code in the same window
Two things worth knowing, because they are the framework this sits in.
The 2025 Uniform Code and Energy Code took effect December 31, 2025 — adopted December 5, 2025, affecting 19 NYCRR Parts 1219 to 1229, Part 1240 and Parts 1264–1265. Any new construction, addition or substantial alteration an association undertakes outside New York City is now designed and permitted under the new code.3
But the all-electric provisions are not in force. The Department of State's own notice states: “Implementation and enforcement of the 2025 provisions…that prohibit the installation of fossil-fuel equipment and building systems in new buildings…continues to be suspended by Court Order and are neither effective nor enforceable.” The suspended provisions are 19 NYCRR § 1240.6 and Subpart 1229-2, and a court ruling of July 2, 2026 continues the suspension.
That is a correction worth making loudly, because vendors and consultants have been telling New York boards the opposite. A board or developer building new townhomes or a new amenity building outside New York City may still install gas equipment. Anyone saying gas was prohibited from January 1, 2026 is wrong. Because the suspension rests on litigation rather than repeal, treat it as temporary and design for a possible electric future where that is cheap to do — but do not treat it as law today.
We were not able to verify the case name, court or docket for the July 2, 2026 order from a primary source, so we are not reporting the procedural history. Our EV charging page covers the adjacent electrification questions boards are being asked.
Related New York HOA Topics
- A519 (Zaccaro), Chapter 21 of the Laws of 2025 — full text, actions and votes, New York State Assembly ↩
- New York Executive Law § 378 as codified, revision January 2, 2026 — the common-space smoke alarm requirement ↩
- New York Department of State notices of adoption — the 2025 Uniform Code and Energy Code, and the court-ordered suspension of the fossil-fuel provisions ↩
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