SIMPLIFIED INSTRUCTIONS FOR AN UPDATED CERTIFICATE OF OCCUPANCY
These instructions are not intended to be a replacement for the strict wording of the code. In all instances the
Property Maintenance Code of New York shall apply, regardless of the instruction (or lack thereof) contained
in this document.
1. There shall be a smoke alarm installed in any room that may be used for sleeping purposes. Please note “every
room that may be used for sleeping purposes.” If your home office or any other room may be used for sleeping
purposes, you must install a smoke alarm. It does not matter how old your home is or how many other smoke
alarms you may have in the home. Every room that may be used for sleeping purposes shall have a smoke alarm
installed in it.
2. There shall be a smoke alarm installed outside every room that may be used for sleeping purposes. The smoke
alarm must be installed in the immediate vicinity of the sleeping area (a good rule of thumb is within 15 feet of
the bedroom door). If you have bedrooms at opposite ends of the home you will typically have smoke alarms in
the hallways at each end of the home. It does not matter how old your home is or how many other smoke
alarms you have in the home. Every sleeping area shall be protected by a smoke alarm located outside of the
room, in the immediate vicinity of the room.
3. Every floor of the home shall have a smoke alarm. It does not matter if you have no rooms used for sleeping on
the first floor, you must install a smoke alarm on the first floor. If you have a basement you must install a smoke
alarm in the basement. Smoke alarms are not required in crawlspaces nor in unfinished attics.
4. Smoke alarms must be installed in accordance with the manufacturer’s instructions. The instructions are
packaged with the unit, please familiarize yourself with them prior to installing the alarm. There are specific
minimum distances from walls, ceiling fans and HVAC registers. There are specific installation locations for
vaulted ceilings.
5. Smoke alarms must be installed with appropriate mounting hardware, namely screws. Do not install smoke
alarms with double-sided tape. Do not install smoke alarms with Velcro. Do not hang smoke alarms on a picture
hook.
6. Smoke alarms must be maintained in an operable condition in accordance with the manufacturer’s instructions.
If smoke alarms are emitting a low-battery chirp upon inspection, you will fail inspection. You must replace
batteries at the intervals specified by the manufacturer.
7. Smoke alarms may be battery powered or hard-wired with battery backup. There is no requirement to hard-
wire smoke alarms in a pre-existing residence.
8. At least one carbon monoxide alarm must be provided. The carbon monoxide alarm may be battery powered,
hard-wired (replacing an existing hard-wired smoke alarm with a new combination smoke and carbon monoxide
alarm is acceptable), or plug-in type. The carbon monoxide alarm must be located on the lowest level upon
which people sleep. If there is sleeping in the basement, the carbon monoxide alarm must be in the basement.
If there is sleeping on first floor and second floor (but not in the basement), the alarm must be installed on the
first floor. If there is sleeping only on the second floor, the alarm would be installed on the second floor.
9. All stairways and decks over 30” above grade or the floor below must be furnished with compliant guards. This
includes basement and exterior (eg porch and deck) stairs. Guards are designed to keep people (read: children)
from falling off of stairs and may be comprised of walls, balustrades or any other compliant method. Guards are
not the same as handrails. Guards are at least 36” high. A 4” sphere may not pass between any components of
the guard (ie balusters). If you have only a handrail on the open side of a stair, the stairway will fail inspection
(you have no guard, you have a handrail). If you have a deck with three horizontal members forming the guard,
typically a 4” sphere will pass between the members (this guard does not comply). It does not matter how old