S7422A-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• Jun 18, 2012: AMENDED ON THIRD READING (T) 7422A
• Jun 6, 2012: ADVANCED TO THIRD READING
• Jun 5, 2012: 2ND REPORT CAL.
• Jun 4, 2012: 1ST REPORT CAL.988
• May 14, 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S7422A-2011 Calendars

S7422A-2011 Votes

S7422A-2011 Memo

BILL NUMBER:S7422A

TITLE OF BILL:

An act
to amend the general business
law, in relation to certain
smoke detecting devices

PURPOSE OR GENERAL IDEA OF BILL:

This legislation provides that battery operated smoke detectors within
homes have batteries that are non-replaceable, non-removable and will
power the device for a minimum of ten years.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 399-ccc sub-section 1 that makes it
unlawful for any person to distribute, sell, offer for sale, install
or import any smoke detecting device, which is battery operated and
is not powered by a battery that is non-replaceable, non-removable
and capable of powering the device for a minimum of ten years.

Sub-section 2 requires that the product packaging include the
manufacturer's name or registered trade mark and model number, and
state that the battery has a minimum life of 10 years.

Sub-section 3 provision of this section shall not apply to smoke
detecting devices install prior to the effective date.

Section 2 is the effective date.

JUSTIFICATION:

New York State first required smoke alarms in homes in 1981 and as a
result fire deaths have since been cut in half. Smoke alarms that are
properly installed and maintained play a vital role in reducing fire
deaths and injuries. Yet the data clearly shows that most fire deaths
today happen in homes with no smoke alarms or no working alarms.

Rending a smoke alarm inoperable by tampering with the alarm, removing
its batteries or failing to change its batteries can result in deadly
consequences. In the Consumer Products Safety Commission's National
Smoke Detector Project, 32% of consumers disable their smoke alarm
when they experienced unwanted alarm activation from such sources as
cooking, steam, cigarettes, dust or low battery chirps.

Long life, tamper resistant smoke alarms go to the core of addressing
disablement and failed maintenance by consumers, and do so in a cost
effective way. In recent years advancements have led to smoke alarms
that today prevent consumer tampering and that can power the alarm
for a minimum of ten years. As these alarms have become more
available and affordable, requiring the replacement of existing
battery operated smoke alarms with this more maintenance-free alarms
will drive down fire deaths and injuries.


PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on January 1, 2014, provided however, that
effective immediately, all actions and procedures with respect to the
proposed adoption, amendment, suspension and repeal of any rule or
regulation for timely implementation of this act are directed and
authorized.

S7422A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 7422--A
 Cal. No. 988
 I N  SENATE
 May 14, 2012
 
 Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
 printed to be committed to the Committee on Housing, Construction  and
 Community  Development  --  reported  favorably  from  said committee,
 ordered to first and  second  report,  ordered  to  a  third  reading,
 amended  and  ordered  reprinted,  retaining its place in the order of
 third reading
 

AN ACT to amend the general business law, in relation to  certain  smoke
 detecting devices
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The general business law is amended by adding a new section
 399-ccc to read as follows:

 

S 399-CCC. SMOKE DETECTING DEVICES. 1. IT SHALL BE  UNLAWFUL  FOR  ANY
 PERSON  TO DISTRIBUTE, SELL, OFFER FOR SALE, INSTALL OR IMPORT ANY SMOKE
 DETECTING DEVICE, WHICH IS BATTERY OPERATED AND  IS  NOT  POWERED  BY  A
 BATTERY  THAT  IS NON-REPLACEABLE, NON-REMOVABLE AND CAPABLE OF POWERING
 SUCH DEVICE FOR A MINIMUM OF TEN YEARS.
 2. ALL PRODUCT PACKAGING CONTAINING A BATTERY OPERATED SMOKE DETECTING
 DEVICE SHALL INCLUDE THE FOLLOWING INFORMATION:

 (A) THE MANUFACTURER'S NAME OR  REGISTERED  TRADEMARK  AND  THE  MODEL
 NUMBER OF THE SMOKE DETECTING DEVICE; AND
 (B) A MINIMUM BATTERY LIFE OF TEN YEARS.
 3.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO BATTERY OPERATED
 SMOKE DETECTING DEVICES INSTALLED PRIOR TO THE EFFECTIVE  DATE  OF  THIS
 SECTION  WHICH  ARE  REMOVED OR RELOCATED TO ANOTHER ROOM OR AREA OF THE
 SAME BUILDING AFTER THE EFFECTIVE DATE OF THIS SECTION, NOR  SHALL  THEY
 APPLY  TO  BATTERY  OPERATED  SMOKE  DETECTING  DEVICES  WHICH HAVE BEEN
 ORDERED BY, OR  ARE  IN  THE  INVENTORY  OF,  OWNERS,  MANAGING  AGENTS,
 CONTRACTORS, WHOLESALERS OR RETAILERS ON OR BEFORE THE EFFECTIVE DATE OF
 THIS SECTION.
 

S  2.  This  act  shall take effect January 1, 2014; provided however,
 that effective immediately, all actions and procedures with  respect  to
 the  proposed  adoption,  amendment, suspension or repeal of any rule or
 regulation necessary for the  timely  implementation  of  this  act  are
 directed  and  authorized  to  be  made  and completed on or before such
 effective date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15791-02-2

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