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--B
                                 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, HIKIND,
         KEARNS, GOTTFRIED, HOOPER, MONTESANO, COLTON, GALEF -- 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  committee -- again
         reported from said committee with  amendments,  ordered  reprinted  as
         amended and recommitted to said committee
       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 SHALL HAVE INSTALLED
    8  IN SUCH BUILDING AND SHALL MAINTAIN AN OPERABLE CARBON MONOXIDE DETECTOR
    9  OF  SUCH  MANUFACTURE,  DESIGN  AND INSTALLATION STANDARDS AS ARE ESTAB-
   10  LISHED BY THE  COUNCIL.  CARBON  MONOXIDE  DETECTORS  REQUIRED  BY  THIS
   11  SECTION  ARE  REQUIRED  ONLY WHERE THE RESTAURANT OR COMMERCIAL BUILDING
   12  HAS APPLIANCES, DEVICES OR SYSTEMS THAT MAY EMIT CARBON MONOXIDE OR  HAS
   13  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:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14147-03-4
       A. 8875--B                          2
    1    S 27-981.2 Carbon monoxide detecting devices; where required. a. Every
    2  dwelling  unit  in  a  building  within occupancy groups J-1, J-2 or J-3
    3  where a fossil fuel-burning furnace or  boiler  is  located,  and  every
    4  dwelling  unit  in  a building that is in close proximity to a source of
    5  carbon  monoxide,  as such proximity is established by the rules promul-
    6  gated by the commissioner in consultation with the fire  department  and
    7  the  department  of health and mental hygiene, shall be equipped with an
    8  operational carbon monoxide detecting device approved in accordance with
    9  the rules promulgated by the commissioner in consultation with the  fire
   10  department  and  the  department  of health and mental hygiene, provided
   11  that there shall be installed at  least  one  approved  and  operational
   12  carbon  monoxide  detecting  device  within  fifteen  feet  of each room
   13  lawfully used for sleeping  purposes.  Such  carbon  monoxide  detecting
   14  device  may be combined with a smoke detecting device that complies with
   15  the provisions of this title and any applicable rules promulgated there-
   16  under.
   17    b. In every building classified in  occupancy  group  G  or  occupancy
   18  group H-2, at least one approved and operational carbon monoxide detect-
   19  ing  device  shall  be installed in accordance with rules promulgated by
   20  the commissioner in  consultation  with  the  fire  department  and  the
   21  department of health and mental hygiene.
   22    c.  IN EVERY BUILDING CLASSIFIED IN OCCUPANCY GROUPS F-1, F-3 AND F-4,
   23  AT LEAST ONE APPROVED AND OPERATIONAL CARBON MONOXIDE  DETECTING  DEVICE
   24  SHALL  BE  INSTALLED AND MAINTAINED IN ACCORDANCE WITH RULES PROMULGATED
   25  BY THE COMMISSIONER IN CONSULTATION WITH THE  FIRE  DEPARTMENT  AND  THE
   26  DEPARTMENT OF HEALTH AND MENTAL HYGIENE.
   27    D.  The  provisions of this article shall apply retroactively to every
   28  building, in accordance with the provisions of subdivision a or subdivi-
   29  sion  b  of  this  section,  irrespective  of  when  such  building  was
   30  constructed or a certificate of occupancy for such building was issued.
   31    [d.]  E. The provisions of this article may be enforced by the depart-
   32  ment, the fire department, the department of health and  mental  hygiene
   33  and the department of housing preservation and development.
   34    S 4. This act shall take effect on the one hundred eightieth day after
   35  it shall have become a law.