Bill Text: NY A08875 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires the installation of carbon monoxide detectors in restaurants and other commercial buildings in NYC.

Spectrum: Moderate Partisan Bill (Democrat 23-6)

Status: (Passed) 2014-12-29 - signed chap.540 [A08875 Detail]

Download: New_York-2013-A08875-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8875
                                 I N  A S S E M B L Y
                                   February 25, 2014
                                      ___________
       Introduced  by  M. of A. PERRY, McDONOUGH -- Multi-Sponsored by -- M. of
         A. SWEENEY -- read once and referred to the Committee on  Governmental
         Operations
       AN ACT to amend the executive law, in relation to requiring the New York
         state  uniform  fire prevention and building code to address standards
         for the installation of  carbon  monoxide  detectors  in  restaurants,
         banquet  halls  and commercial spaces; and to amend the administrative
         code of the city of New York, in relation to requiring  the  installa-
         tion  of  carbon  monoxide detectors in restaurants, banquet halls and
         commercial spaces
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 378 of the executive law is amended by adding a new
    2  subdivision 5-d to read as follows:
    3    5-D. STANDARDS FOR INSTALLATION OF CARBON MONOXIDE DETECTORS REQUIRING
    4  THAT  EVERY  RESTAURANT,  BANQUET HALL AND COMMERCIAL SPACE IN THE STATE
    5  SHALL HAVE INSTALLED AN OPERABLE CARBON MONOXIDE DETECTOR OF SUCH  MANU-
    6  FACTURE,  DESIGN  AND  INSTALLATION  STANDARDS AS ARE ESTABLISHED BY THE
    7  COUNCIL. CARBON MONOXIDE DETECTORS REQUIRED BY THIS SECTION ARE REQUIRED
    8  ONLY WHERE THE RESTAURANT, BANQUET HALL AND COMMERCIAL SPACE HAS  APPLI-
    9  ANCES,  DEVICES  OR  SYSTEMS  THAT  MAY  EMIT  CARBON MONOXIDE OR HAS AN
   10  ATTACHED GARAGE.
   11    S 2. Section 27-981.2 of the administrative code of the  city  of  New
   12  York,  as  amended by local law number 7 of the city of New York for the
   13  year 2004, is amended to read as follows:
   14    S 27-981.2 Carbon monoxide detecting devices; where required. a. Every
   15  dwelling unit in a building within occupancy  groups  J-1,  J-2  or  J-3
   16  where  a  fossil  fuel-burning  furnace  or boiler is located, and every
   17  dwelling unit in a building that is in close proximity to  a  source  of
   18  carbon  monoxide,  as such proximity is established by the rules promul-
   19  gated by the commissioner in consultation with the fire  department  and
   20  the  department  of health and mental hygiene, shall be equipped with an
   21  operational carbon monoxide detecting device approved in accordance with
   22  the rules promulgated by the commissioner in consultation with the  fire
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14147-01-4
       A. 8875                             2
    1  department  and  the  department  of health and mental hygiene, provided
    2  that there shall be installed at  least  one  approved  and  operational
    3  carbon  monoxide  detecting  device  within  fifteen  feet  of each room
    4  lawfully  used  for  sleeping  purposes.  Such carbon monoxide detecting
    5  device may be combined with a smoke detecting device that complies  with
    6  the provisions of this title and any applicable rules promulgated there-
    7  under.
    8    b.  In  every  building  classified  in occupancy group G or occupancy
    9  group H-2, at least one approved and operational carbon monoxide detect-
   10  ing device shall be installed in accordance with  rules  promulgated  by
   11  the  commissioner  in  consultation  with  the  fire  department and the
   12  department of health and mental hygiene.
   13    c. IN EVERY BUILDING CLASSIFIED IN OCCUPANCY GROUP  F,  AT  LEAST  ONE
   14  APPROVED  AND  OPERATIONAL  CARBON  MONOXIDE  DETECTING  DEVICE SHALL BE
   15  INSTALLED IN ACCORDANCE WITH RULES PROMULGATED BY  THE  COMMISSIONER  IN
   16  CONSULTATION  WITH  THE FIRE DEPARTMENT AND THE DEPARTMENT OF HEALTH AND
   17  MENTAL HYGIENE.
   18    D. The provisions of this article shall apply retroactively  to  every
   19  building, in accordance with the provisions of subdivision a or subdivi-
   20  sion  b  of  this  section,  irrespective  of  when  such  building  was
   21  constructed or a certificate of occupancy for such building was issued.
   22    [d.] E. The provisions of this article may be enforced by the  depart-
   23  ment,  the  fire department, the department of health and mental hygiene
   24  and the department of housing preservation and development.
   25    S 3. This act shall take effect on the ninetieth day  after  it  shall
   26  have become a law.