Bill Text: NY A07916 | 2013-2014 | General Assembly | Amended

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Bill Title: Requires builders of one- and two-family dwellings having less than 3 stories to provide buyers with information on the installation and maintenance of automatic fire sprinkler systems.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Passed) 2014-08-05 - signed chap.201 [A07916 Detail]

Download: New_York-2013-A07916-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7916--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 10, 2013
                                      ___________
       Introduced  by  M.  of  A.  MORELLE,  COOK,  SCARBOROUGH, RIVERA, GALEF,
         ROBERTS, ROZIC -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, McDO-
         NALD, MILLMAN,  MOSLEY,  PEOPLES-STOKES,  SWEENEY  --  read  once  and
         referred to the Committee on Consumer Affairs and Protection -- recom-
         mitted  to the Committee on Consumer Affairs and Protection in accord-
         ance with Assembly Rule 3, sec. 2 --  reported  and  referred  to  the
         Committee  on  Rules  --  committee  discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the general business  law  and  the  executive  law,  in
         relation  to automatic sprinkler system requirements for one- and two-
         family dwellings; and providing for the repeal of such provisions upon
         certain conditions
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new article
    2  35-F to read as follows:
    3                                 ARTICLE 35-F
    4                         FIRE SPRINKLER INFORMATION
    5  SECTION 759.   DEFINITIONS.
    6          759-A. DISCLOSURE  OF  AUTOMATIC  FIRE SPRINKLER SYSTEM INFORMA-
    7                   TION.
    8    S 759. DEFINITIONS. WHEN USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
    9  SHALL HAVE THE FOLLOWING MEANINGS:
   10    1. "BUILDER" MEANS ANY PERSON, CORPORATION, PARTNERSHIP OR OTHER ENTI-
   11  TY CONTRACTING WITH AN OWNER FOR THE CONSTRUCTION OF A ONE- OR TWO-FAMI-
   12  LY RESIDENTIAL DWELLING HAVING LESS THAN THREE STORIES.
   13    2.  "BUYER"  MEANS  ANY  PERSON  OR PERSONS WHO HAVE CONTRACTED OR WHO
   14  INTEND TO CONTRACT WITH A BUILDER FOR THE  CONSTRUCTION  OF  A  ONE-  OR
   15  TWO-FAMILY RESIDENTIAL DWELLING HAVING LESS THAN THREE STORIES.
   16    S  759-A. DISCLOSURE OF AUTOMATIC FIRE SPRINKLER SYSTEM INFORMATION. A
   17  BUILDER OF A ONE- OR TWO-FAMILY RESIDENTIAL DWELLING  HAVING  LESS  THAN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09422-05-4
       A. 7916--A                          2
    1  THREE  STORIES,  PRIOR  TO  ENTERING INTO A CONTRACT FOR CONSTRUCTION OF
    2  SUCH DWELLING WITH A BUYER, SHALL PROVIDE THE BUYER WITH A COPY OF WRIT-
    3  TEN MATERIALS PREPARED BY THE OFFICE  OF  FIRE  PREVENTION  AND  CONTROL
    4  PURSUANT  TO  SUBDIVISION TWENTY-ONE OF SECTION ONE HUNDRED FIFTY-SIX OF
    5  THE EXECUTIVE LAW, WHICH DETAILS THE BENEFITS OF  AND  INCLUDES  FACTORS
    6  THAT  CAN  AFFECT THE COSTS ASSOCIATED WITH THE INSTALLATION AND MAINTE-
    7  NANCE OF AN AUTOMATIC FIRE SPRINKLER SYSTEM.  UPON REQUEST OF THE BUYER,
    8  THE BUILDER SHALL, AT THE BUYER'S EXPENSE,  INSTALL  AN  AUTOMATIC  FIRE
    9  SPRINKLER  SYSTEM IN SUCH ONE- OR TWO-FAMILY RESIDENTIAL DWELLING HAVING
   10  LESS THAN THREE STORIES.
   11    S 2. Section 156 of the executive law  is  amended  by  adding  a  new
   12  subdivision 21 to read as follows:
   13    21.  PROVIDE  WRITTEN MATERIALS TO CONSUMERS AND BUILDERS WHICH DETAIL
   14  THE BENEFITS OF AND INCLUDE THE FACTORS THAT CAN AFFECT COSTS ASSOCIATED
   15  WITH THE INSTALLATION AND MAINTENANCE OF  AN  AUTOMATIC  FIRE  SPRINKLER
   16  SYSTEM FOR A ONE- OR TWO-FAMILY RESIDENTIAL DWELLING.
   17    S 3. This act shall take effect on the one hundred twentieth day after
   18  it  shall  have  become a law; provided that, effective immediately, the
   19  office of fire prevention and control  is  authorized  and  directed  to
   20  prepare  the  materials required by subdivision 21 of section 156 of the
   21  executive law, as added by section two of this act, on  or  before  such
   22  effective date; and provided, further, that this act shall expire and be
   23  deemed  repealed  upon  the effective date of provisions of the New York
   24  state uniform fire prevention and building code which are equivalent  to
   25  the terms of section 313.2 (relating to automatic fire sprinkler systems
   26  in  one-  or  two-family  dwellings under three stories) of the Interna-
   27  tional Residential Code (2009 edition) or any successor reversions ther-
   28  eof requiring fire sprinklers for one-  or  two-family  dwellings  under
   29  three  stories;  provided that the state fire administrator shall notify
   30  the legislative bill drafting  commission  upon  the  adoption  of  such
   31  provisions  of  the  New York state uniform fire prevention and building
   32  code in order that the commission may maintain an  accurate  and  timely
   33  effective data base of the official text of the laws of the state of New
   34  York  in furtherance of effectuating the provisions of section 44 of the
   35  legislative law and section 70-b of the public officers law.