Amanda’s Law, passed in 2009, was named for a 16-year-old who died of carbon monoxide poisoning from a leak in a defective boiler (NYS Department of Health). It put carbon monoxide alarms in New York homes of every age: the Department of State’s rule that carried the law out covers one- and two-family houses “without regard to the date of construction or sale” (NYS Register, 10 November 2010). What that means for a particular house still depends on where it sits, what it burns and who lives in it, and the answer is different inside New York City.
We are Inspecwise, a New York State-licensed, InterNACHI-certified home inspection business based in South Ozone Park, Queens. This guide sets out what the alarm rules say, what an inspection under the state’s Standards of Practice does and does not check about alarms, where carbon monoxide comes from in a New York house, and what to ask a seller before closing. It describes the law as written and is not legal advice; your real-estate attorney can tell you how it applies to your contract.
What the alarm rules require, and where they apply
Several sources sit behind the alarm in a hallway: a state statute on smoke alarms, a state rule on carbon monoxide alarms, a state notice about what alarms may be sold, and, inside the five boroughs, city rules enforced by the Department of Housing Preservation and Development (HPD) and the Department of Buildings (DOB). The table sorts them by who they cover.
| Rule | Applies to | What it says | Source |
|---|---|---|---|
| Carbon monoxide alarms (Amanda’s Law, carried out through the state Uniform Code) | One- and two-family houses, townhouses, condo and co-op dwellings and multiple dwellings, in the part of the state outside New York City | Alarms required without regard to when the house was built or sold. In houses built before 2008: one alarm in each dwelling unit on the lowest story with a sleeping area; battery and plug-in alarms allowed and not required to be interconnected. Not required if there is no carbon monoxide source in or attached to the building. Alarms must be listed to UL 2034 or CAN/CSA 6.19. | Department of State emergency rule, 2010 |
| Smoke alarms (Executive Law section 378) | One- and two-family dwellings, and condo and co-op dwellings, used as a residence | An operable single-station smoke alarm that is clearly audible in each bedroom or sleeping room with doors closed; battery-operated devices are permitted. | Executive Law 378 |
| Seller’s smoke alarm affidavit | Sale of a one- or two-family house, condo unit or co-op apartment | The seller delivers an affidavit of compliance at the time of conveyance. The buyer has ten days from conveyance to tell the seller an alarm is not operable, and the seller then bears the cost of compliance. | Executive Law 378 |
| Smoke alarms offered for sale | Anyone buying a new or replacement smoke alarm in New York State from 1 April 2019 | A sealed, non-removable battery with a minimum life of 10 years, or hard-wiring. The Department of State notice says neither the law nor local codes require removal of an existing alarm that was installed in compliance. | Department of State consumer notice, March 2019 |
| City carbon monoxide detectors | New York City one- and two-family homes that are not owner-occupied and have fossil-fuel burning devices, plus multiple dwellings (HPD’s description) | At least one approved, operational detector in each dwelling unit, installed within fifteen feet of the entrance to each room lawfully used for sleeping, and replaced when its useful life ends. | NYC HPD |
| City natural gas detectors | New York City residential buildings with gas piping, including one- and two-family homes (DOB’s list; HPD’s page describes non-owner-occupied one- and two-family homes) | Install by 1 January 2027. DOB’s notice of 13 October 2026 says HPD code enforcement staff will inspect for the alarms starting in 2027. | NYC DOB, NYC HPD |
| City smoke alarm replacement (Local Law 112 of 2013) | Smoke alarms required under the NYC Building Code or the 1968 Code; the bulletin does not say whether this reaches one- and two-family houses | Replace when the alarm is older than the manufacturer’s suggested useful life. Not applicable to alarms powered from building wiring. | DOB Buildings Bulletin 2018-006 |
Three cautions about reading that table. First, the carbon monoxide text we could read is the Department of State’s 2010 emergency rule, which the register said it would later propose as permanent; the state code may have changed since, so treat placement details as a starting point and confirm them with the local building department. Second, the Uniform Code that carries the rule out does not apply inside New York City: the Department of State’s own notice says it applies “in all areas of the State (other than New York City).” Third, HPD’s page describes duties for non-owner-occupied one- and two-family homes and says nothing about an owner-occupied house. We did not find a city page that sets out the owner-occupied case in plain terms, so that is a question for your attorney, not something to assume.
Statute wording changes, and the links in the table go to the primary pages, so have your attorney read the current text. The affidavit row matters most in practice: it is a closing document, and the final walk-through is the last chance to see for yourself whether the alarms the seller will swear to are on the ceiling.
Carbon monoxide alarms in New York homes: placement, type and age
The legal minimum and good practice are not the same. For a one- or two-family house built before 2008, the state rule asks for one alarm per dwelling unit, on the lowest story that has a sleeping area. For a house built on or after 1 January 2008, the same notice requires an alarm on each story where a sleeping area or a carbon monoxide source is located, and requires the alarms to be hard-wired to the building. The US Consumer Product Safety Commission goes further than the older-house minimum: it says to install alarms on every level of the home and outside sleeping areas, and that interconnected alarms are best because when one sounds they all sound.
Location matters as much as count. CPSC advises against putting carbon monoxide alarms in kitchens or above fuel-burning appliances, and against spots near heating vents or where furniture or draperies can cover them. HPD’s city rule adds a distance: within fifteen feet of the entrance to each room lawfully used for sleeping. A single alarm hung beside the boiler is in a spot CPSC does not recommend, and it may be far from the bedrooms.
How old is the alarm?
An alarm has a service life, and you cannot see it from the floor. CPSC says alarms have a recommended replacement age that comes from the product literature or the manufacturer; HPD’s page requires city owners to replace detectors when their useful life expires. The test button helps less than people assume: CPSC says it tests whether the circuitry is working, not the accuracy of the sensor. The state health department asks owners to check carbon monoxide alarms twice a year to be sure the batteries work. A buyer can look for a date or model label on each alarm and replace any alarm whose age nobody can state. That is a sensible habit rather than a legal rule, and it is a job for the first day in the house.
What an inspector checks about alarms, and what the Standards leave out
A home inspection in New York follows the Standards of Practice in 19 NYCRR Part 197. They are specific about alarms, and a little less generous than most buyers expect. Our guide to what a New York home inspection includes covers the whole scope; the table below is the alarm and combustion slice.
| Item | What the Standards say | What it means for you |
|---|---|---|
| Smoke and carbon monoxide alarms: present or not | The report must describe “the presence or absence of smoke detectors and carbon monoxide detectors” (197-5.9(b)). | You learn whether alarms were visible on the day. That is not a statement that they work, are the right type or meet the code. |
| Smoke and heat detector condition | The same section lists smoke and/or heat detectors among the items an inspector is not required to observe and report on (197-5.9(c)). | Anything beyond presence or absence, such as noting alarm ages or pressing the test buttons, goes past the minimum. Ask the inspector before the visit whether the report will cover it. |
| Carbon monoxide levels and gas leaks | The inspector is not required to test for gas leaks or carbon monoxide (197-5.10(b)), and is not required to use special instruments such as gas detectors (197-5.16(d)). | An inspection does not measure carbon monoxide. If you smell gas or anyone has symptoms, leave and call the utility and the fire department. |
| Combustion air and clearances | Not required: determining clearance to combustibles or adequacy of combustion air (197-5.10(b)). | A heating contractor answers these questions. |
| Vent, flue and chimney | Visible components of vent systems, flues and chimneys must be observed and reported; the interior of chimney flues need not be (197-5.10, 197-5.14(b)). | A flue that looks fine from the basement can still be blocked or cracked inside. That is a chimney specialist’s job. |
| Code compliance | Inspectors “shall not determine compliance with regulations, codes, laws or ordinances” (197-4.4(d)) and need not report past or present code violations (197-5.16(e)). | Whether the number and placement of alarms meets the code is a question for the local code official or your attorney. |
None of that makes the alarm check unimportant; it tells you what the report is built to answer. The report treats carbon monoxide alarms in New York homes as something to note, not something to test. It will say whether alarms were visible, and nobody should read it as a statement that the house is free of carbon monoxide.
Where carbon monoxide comes from in a New York house
The Department of State’s rule describes carbon monoxide as an invisible, odorless gas produced by the incomplete combustion of fuels such as fuel oil, natural gas, kerosene and wood. It names three non-fire causes of elevated levels in a home: fuel-fired appliances that are badly installed or maintained, vehicles run in enclosed garages, and outdoor equipment used indoors during power failures. The EPA adds back-drafting from furnaces, gas water heaters, wood stoves and fireplaces to the list of sources. In a house, those become five places to look: the boiler or furnace, the water heater, the fireplace and chimney, the garage that attaches to the living space, and any generator or fuel-burning space heater. CPSC adds that a portable generator must never run in or near an enclosed space such as a garage or house, which matters in a region where storms cut power.
What the house burns shapes the question. The Census Bureau’s American Community Survey counts home heating fuel across all housing units, apartments included:
| Area | Heated with utility gas | Heated with fuel oil | Heated with electricity |
|---|---|---|---|
| Queens | 74% | 10% | 10% |
| Brooklyn | 72% | 7% | 14% |
| The Bronx | 52% | 21% | 18% |
| Manhattan | 49% | 15% | 28% |
| Staten Island | 85% | 4% | 7% |
| Nassau County | 62% | 26% | 7% |
| Suffolk County | 41% | 44% | 9% |
| Westchester County | 52% | 28% | 14% |
Source: US Census Bureau, American Community Survey 2020 to 2024 five-year estimates, home heating fuel, for the whole county. These are survey estimates, rounded, and they include co-ops and apartments, so they describe the county, not a house. Even so, they show why the alarm question differs: in Queens most homes burn utility gas, so the checks are the boiler flue, the water heater vent and the gas range, while in Suffolk about 44% of homes heat with oil, which adds a burner, a flue and a tank to the list. Our guides to the steam, oil and gas heating systems found in New York houses, to chimney inspections and to oil tank inspections describe what can and cannot be seen on each.
An example, not a case we handled: a 1925 two-family in Queens with a gas-fired steam boiler and a gas water heater in the basement, an apartment on each floor above, and an attached garage added in the 1950s. Each of those carries a different question. The boiler and water heater need their flues traced to the chimney. The garage needs the door between garage and house checked and a plain rule that nobody warms up a car inside it; the health department says never to run a vehicle in a garage attached to a house, and CPSC says not even with the garage door open. Each apartment needs its own alarm. A report that notes “no carbon monoxide alarm observed in the second-floor unit” is a one-line fix. A report that notes a disconnected or corroded flue is a call to a heating contractor before closing, and the buyer’s attorney should know about it.
Two-family houses, basement apartments and the alarm count
Both the state rule and HPD’s rule count alarms per dwelling unit, not per house. A two-family needs alarms for two units, and a three-family is a multiple dwelling with its own set of duties. That raises a question buyers of 2- and 3-family houses should ask early: how many dwelling units does the certificate of occupancy allow? HPD warns that occupants of illegal basement and cellar apartments face dangers including carbon monoxide poisoning, inadequate light and ventilation, and inadequate egress in a fire. If the listing or the house shows a basement apartment, read how to check the certificate of occupancy and permits before you count it as a unit, and see our page on inspecting two- and three-family homes in New York City. Our guide to basement inspections covers the physical side.
Questions to ask the seller about alarms
- How old is each smoke and carbon monoxide alarm, and where is the date? Are any past the manufacturer’s replacement age?
- Which alarms are hard-wired, which are battery-only, which plug in, and are any interconnected?
- Which fuel-burning equipment is in the house: boiler or furnace, water heater, fireplace, wood stove, gas range, space heater, generator?
- Does the garage attach to the house, and is there a door between them?
- Has any alarm sounded in the last year? What was done, and who serviced the equipment?
- When was the heating system last serviced? CPSC and the state health department both advise annual servicing.
- Will the smoke alarm affidavit be part of the closing package? Your attorney handles this, but ask early.
The state’s Property Condition Disclosure Statement, which most sellers of one- to four-family houses must complete, also includes a question about smoke and carbon monoxide detectors; our guide to property condition disclosure in New York explains who has to complete it and what a seller’s answer does and does not do.
If an alarm sounds or the report raises a flag
CPSC’s instructions for an alarm that sounds are short: move outside to fresh air, call emergency services, the fire department or 911, and do not re-enter until responders say you may. If the source turns out to be a malfunctioning appliance, do not operate it until trained personnel have serviced it. Those steps apply on moving day as much as any other day.
For a report that says no alarm was seen, the fix is cheap and immediate. For a report that describes a flue, a vent or a combustion problem, the right next call is a licensed heating contractor or chimney specialist, and your attorney should hear about the finding early so it is dealt with inside the contract’s inspection period. Our guide to the home inspection contingency explains what that period is for, and our post on a winter home inspection covers heating equipment in cold weather.
Short answers
Is a carbon monoxide alarm required in a New York house with no gas or oil heat?
The Department of State’s rule says alarms are not required if no carbon monoxide source is located in or attached to the building. A fireplace, a gas range, a water heater or an attached garage can each be a source, so ask the local building department rather than assuming. Details are in the section on what the alarm rules require.
Does a home inspector test carbon monoxide alarms?
The Standards require the report to describe whether smoke and carbon monoxide detectors are present or absent. They do not require testing for carbon monoxide or gas leaks, and the electrical section lists smoke and heat detectors among items the inspector need not observe and report on. Ask your inspector what the report will say about alarms before the visit.
Does the seller have to give me a smoke alarm affidavit at closing?
Under Executive Law section 378, on the sale of a one- or two-family house, condo unit or co-op apartment the seller delivers an affidavit of smoke alarm compliance at conveyance, and the buyer has ten days to say an alarm is not operable. We found no matching carbon monoxide affidavit in the text we could read. Your attorney will confirm what applies to your closing.
How often should carbon monoxide alarms be replaced?
CPSC says alarms carry a recommended replacement age found in the product literature or from the manufacturer. HPD requires New York City owners to replace detectors when their useful life ends. If nobody can tell you the age of an alarm, plan to replace it.
Can I use battery-only carbon monoxide alarms in an older house?
For one- and two-family houses built before 2008, the state rule allows battery, cord-type and plug-in alarms and does not require them to be interconnected. Houses built on or after 1 January 2008 must have hard-wired alarms under the same notice. CPSC says interconnected alarms are best.
Do the same rules apply in New York City, Nassau, Suffolk and Westchester?
Not exactly. The state Uniform Code applies outside New York City, so Nassau, Suffolk and Westchester generally follow the state rule. Inside the five boroughs, city rules apply, and HPD enforces carbon monoxide and (from 2027) natural gas detector duties for covered buildings. Your attorney can tell you which rule governs a given address.
Booking the inspection
We inspect throughout the five boroughs, Nassau, Suffolk and Westchester, and in other areas on request, in English, Urdu, Punjabi and Hindi. For carbon monoxide alarms in New York homes, the report follows the NYS Standards of Practice described above: it says what alarms we saw and, where we could not see something, why.
Questions before you book? Call 718-925-7071.
About the figures: heating-fuel shares are from the US Census Bureau, American Community Survey 2020 to 2024 five-year estimates (county tables B25040), rounded to whole percentages.