S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5887

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                     March 2, 2011
                                      ___________

       Introduced  by  M. of A. McLAUGHLIN, CASTRO -- read once and referred to
         the Committee on Governmental Operations

       AN ACT to amend the executive law, in relation to the state uniform fire
         prevention and building code standards for the installation of  carbon
         monoxide detectors in restaurants

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

    1    Section 1. Subdivision 5-a of section 378 of  the  executive  law,  as
    2  amended  by  chapter  367  of  the  laws  of 2009, is amended to read as
    3  follows:
    4    5-a. A.  Standards  for  installation  of  carbon  monoxide  detectors
    5  requiring  that every one or two-family dwelling, or any dwelling accom-
    6  modation located in a building owned as a condominium or cooperative  in
    7  the state [or], any multiple dwellings, OR ANY RESTAURANT CONSTRUCTED OR
    8  OFFERED  FOR  SALE  AFTER DECEMBER FIRST, TWO THOUSAND ELEVEN shall have
    9  installed an operable carbon  monoxide  detector  of  such  manufacture,
   10  design  and  installation  standards  as are established by the council.
   11  Carbon monoxide detectors required by  this  [section]  SUBDIVISION  are
   12  required  only  where  the  dwelling  unit OR RESTAURANT has appliances,
   13  devices or systems that may emit carbon  monoxide  or  has  an  attached
   14  garage.
   15    B. (I) For purposes of this subdivision, [multiple dwelling] "MULTIPLE
   16  DWELLING"  means a dwelling which is either rented, leased, let or hired
   17  out, to be occupied[,] or is occupied  as  the  temporary  or  permanent
   18  residence or home of three or more families living independently of each
   19  other,  including  but  not  limited  to the following: a tenement, flat
   20  house, maisonette apartment, apartment house, apartment  hotel,  tourist
   21  house,  bachelor apartment, studio apartment, duplex apartment, kitchen-
   22  ette apartment, hotel, lodging house,  rooming  house,  boarding  house,
   23  boarding and nursery school, furnished room house, club, sorority house,
   24  fraternity  house,  college  and school dormitory, convalescent, AND old

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08987-01-1

 A. 5887                             2

    1  age or nursing homes or residences. It shall also  include  a  dwelling,
    2  two  or  more stories in height, and with five or more boarders, roomers
    3  or lodgers residing with any one family. [New construction]
    4    (II)  FOR  THE  PURPOSES OF THIS SUBDIVISION, "NEW CONSTRUCTION" shall
    5  mean a new facility or a separate building added to an existing  facili-
    6  ty.
    7    S 2. This act shall take effect immediately.