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

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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8875--A
                                 I N  A S S E M B L Y
                                   February 25, 2014
                                      ___________
       Introduced  by  M.  of  A. PERRY, LUPINACCI, SCHIMEL, ZEBROWSKI, JAFFEE,
         AUBRY, CRESPO, SCARBOROUGH,  COOK,  RYAN,  McDONOUGH,  RAIA,  GRAF  --
         Multi-Sponsored  by  --  M.  of  A. MARKEY, MAYER, McLAUGHLIN, RIVERA,
         SIMANOWITZ, THIELE, TITONE, WEISENBERG -- read once  and  referred  to
         the Committee on Governmental Operations -- committee discharged, bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       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 and maintenance of carbon monoxide detectors in
         restaurants and other commercial buildings; and to amend the  adminis-
         trative  code  of  the  city of New York, in relation to requiring the
         installation and maintenance of carbon monoxide detectors  in  restau-
         rants and other commercial buildings
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall  be  known  and  may  be  cited  as  "Steven
    2  Nelson's law".
    3    S  2.  Section  378  of  the  executive law is amended by adding a new
    4  subdivision 5-d to read as follows:
    5    5-D. STANDARDS FOR INSTALLATION OF CARBON MONOXIDE DETECTORS REQUIRING
    6  THAT THE OWNER OF EVERY BUILDING THAT HOUSES ONE OR MORE RESTAURANTS AND
    7  THE OWNER OF EVERY COMMERCIAL BUILDING IN  THE  STATE  OR  ANY  MULTIPLE
    8  DWELLINGS  SHALL  HAVE  INSTALLED IN SUCH BUILDING AND SHALL MAINTAIN AN
    9  OPERABLE CARBON  MONOXIDE  DETECTOR  OF  SUCH  MANUFACTURE,  DESIGN  AND
   10  INSTALLATION  STANDARDS AS ARE ESTABLISHED BY THE COUNCIL. CARBON MONOX-
   11  IDE DETECTORS REQUIRED BY THIS  SECTION  ARE  REQUIRED  ONLY  WHERE  THE
   12  RESTAURANT  OR  COMMERCIAL  BUILDING  HAS APPLIANCES, DEVICES OR SYSTEMS
   13  THAT MAY EMIT CARBON MONOXIDE OR HAS AN ATTACHED GARAGE.
   14    S 3. Section 27-981.2 of the administrative code of the  city  of  New
   15  York,  as  amended by local law number 7 of the city of New York for the
   16  year 2004, is amended to read as follows:
   17    S 27-981.2 Carbon monoxide detecting devices; where required. a. Every
   18  dwelling unit in a building within occupancy  groups  J-1,  J-2  or  J-3
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14147-02-4
       A. 8875--A                          2
    1  where  a  fossil  fuel-burning  furnace  or boiler is located, and every
    2  dwelling unit in a building that is in close proximity to  a  source  of
    3  carbon  monoxide,  as such proximity is established by the rules promul-
    4  gated  by  the commissioner in consultation with the fire department and
    5  the department of health and mental hygiene, shall be equipped  with  an
    6  operational carbon monoxide detecting device approved in accordance with
    7  the  rules promulgated by the commissioner in consultation with the fire
    8  department and the department of health  and  mental  hygiene,  provided
    9  that  there  shall  be  installed  at least one approved and operational
   10  carbon monoxide detecting  device  within  fifteen  feet  of  each  room
   11  lawfully  used  for  sleeping  purposes.  Such carbon monoxide detecting
   12  device may be combined with a smoke detecting device that complies  with
   13  the provisions of this title and any applicable rules promulgated there-
   14  under.
   15    b.  In  every  building  classified  in occupancy group G or occupancy
   16  group H-2, at least one approved and operational carbon monoxide detect-
   17  ing device shall be installed in accordance with  rules  promulgated  by
   18  the  commissioner  in  consultation  with  the  fire  department and the
   19  department of health and mental hygiene.
   20    c. IN EVERY BUILDING CLASSIFIED IN OCCUPANCY GROUPS F-1, F-3 AND  F-4,
   21  AT  LEAST  ONE APPROVED AND OPERATIONAL CARBON MONOXIDE DETECTING DEVICE
   22  SHALL BE INSTALLED AND MAINTAINED IN ACCORDANCE WITH  RULES  PROMULGATED
   23  BY  THE  COMMISSIONER  IN  CONSULTATION WITH THE FIRE DEPARTMENT AND THE
   24  DEPARTMENT OF HEALTH AND MENTAL HYGIENE.
   25    D. The provisions of this article shall apply retroactively  to  every
   26  building, in accordance with the provisions of subdivision a or subdivi-
   27  sion  b  of  this  section,  irrespective  of  when  such  building  was
   28  constructed or a certificate of occupancy for such building was issued.
   29    [d.] E. The provisions of this article may be enforced by the  depart-
   30  ment,  the  fire department, the department of health and mental hygiene
   31  and the department of housing preservation and development.
   32    S 4. This act shall take effect on the sixtieth  day  after  it  shall
   33  have become a law.