Rules by state
New York
New York has a specific transfer-time rule for smoke alarms: on conveyance of a one- or two-family residence, residential condominium unit, or co-op apartment shares used as a residence, the transferor must give the transferee a compliance affidavit. Carbon monoxide alarms are required by separate statewide law/code rules, but in the official sources reviewed I did not find a separate statewide CO transfer affidavit requirement; outside New York City, the State Uniform Code applies, while NYC keeps its own code.
Checked against official sources on October 4, 2026. Rules and links change; confirm with the office listed before you act.
- At sale or transfer
- On transfer of a one- or two-family home, residential condo unit, or co-op apartment shares used as a residence, the seller/transferor must deliver a smoke-alarm compliance affidavit at conveyance; I found no separate statewide CO transfer affidavit requirement.
- Code reference
- N.Y. Exec. Law § 378(5-b)(e); see also § 378(5-a), GBS § 399-ccc
Official resources in New York
State statute covering smoke alarm transfer affidavits, carbon monoxide detector requirements, and related fire/building code standards.
Explains where the Uniform Code applies, points to current code books, and notes that local governments may have approved more restrictive standards.
Official DOS summary of current New York carbon monoxide alarm/detection rules and inspection responsibilities.
Official DOS summary of smoke alarm locations, interconnection, power-source rules, and replacement timing in residential structures.
Explains who enforces the Uniform Code, when inspections and certificates are required, and the owner-occupied one- and two-family inspection exception.
Key facts for New York
- Exec. Law § 378(5-b)(e): at conveyance, the grantor must give the grantee an affidavit stating smoke-alarm compliance.
- Exec. Law § 378(5-b)(e): the grantee has 10 days after conveyance to report inoperable smoke alarms; then the transferor pays compliance costs.
- Exec. Law § 378(5-a): CO detectors are required in one- and two-family dwellings, condos/co-ops, and multiple dwellings only if CO-producing equipment exists or there is an attached garage.
- GBS § 399-ccc: new or replacement battery-only smoke alarms sold in New York must use a non-removable, non-replaceable 10-year battery.
- DOS LG03: local government code officials enforce the Uniform Code; owner-occupied one- and two-family dwellings are not subject to regular periodic state-required inspections.
- DOS LG03 + reviewed state sources: certificates of occupancy/compliance are tied to permitted work or occupancy changes; no separate statewide resale certificate for smoke/CO alarms was found.
What to do next
- Before closing, test every smoke alarm and prepare the seller's smoke-alarm compliance affidavit required by Exec. Law § 378(5-b)(e).
- If the home has fuel-burning equipment or an attached garage, confirm CO alarms meet current New York code and manufacturer instructions.
- Ask the local code enforcement office whether your municipality has an approved more-restrictive local standard; outside NYC, the Uniform Code is the statewide baseline.
Helpful guides
- Massachusetts 26F smoke and CO certificate: how it works
- New Jersey smoke, CO and fire extinguisher certificate for resale
- Where smoke alarms must go: levels, bedrooms and hallways
- Carbon monoxide alarm placement rules