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

                                  8887

                          I N  A S S E M B L Y

                            February 27, 2014
                               ___________

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

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 of carbon monoxide detectors in restaurants and
  other commercial buildings; and to amend the  administrative  code  of
  the  city  of  New  York, in relation to requiring the installation of
  carbon monoxide detectors in restaurants and other  commercial  build-
  ings

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

  Section 1. Section 378 of the executive law is amended by adding a new
subdivision 5-d to read as follows:
  5-D. STANDARDS FOR INSTALLATION OF CARBON MONOXIDE DETECTORS REQUIRING
THAT EVERY RESTAURANT AND COMMERCIAL BUILDING IN THE STATE OR ANY MULTI-
PLE DWELLINGS SHALL HAVE INSTALLED AN OPERABLE CARBON MONOXIDE  DETECTOR
OF  SUCH  MANUFACTURE,  DESIGN  AND INSTALLATION STANDARDS AS ARE ESTAB-
LISHED BY THE  COUNCIL.  CARBON  MONOXIDE  DETECTORS  REQUIRED  BY  THIS
SECTION  ARE  REQUIRED  ONLY WHERE THE RESTAURANT OR COMMERCIAL BUILDING
HAS APPLIANCES, DEVICES OR SYSTEMS THAT MAY EMIT CARBON MONOXIDE OR  HAS
AN ATTACHED GARAGE.
  S  2.  Section  27-981.2 of the administrative code of the city of New
York, as amended by local law number 7 of the city of New York  for  the
year 2004, is amended to read as follows:
  S 27-981.2 Carbon monoxide detecting devices; where required. a. Every
dwelling  unit  in  a  building  within occupancy groups J-1, J-2 or J-3
where a fossil fuel-burning furnace or  boiler  is  located,  and  every
dwelling  unit  in  a building that is in close proximity to a source of
carbon monoxide, as such proximity is established by the  rules  promul-
gated  by  the commissioner in consultation with the fire department and
the department of health and mental hygiene, shall be equipped  with  an
operational carbon monoxide detecting device approved in accordance with
the  rules promulgated by the commissioner in consultation with the fire
department and the department of health  and  mental  hygiene,  provided

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

                                                           LBD14150-01-4

A. 8887                             2

that  there  shall  be  installed  at least one approved and operational
carbon monoxide detecting  device  within  fifteen  feet  of  each  room
lawfully  used  for  sleeping  purposes.  Such carbon monoxide detecting
device  may be combined with a smoke detecting device that complies with
the provisions of this title and any applicable rules promulgated there-
under.
  b. In every building classified in  occupancy  group  G  or  occupancy
group H-2, at least one approved and operational carbon monoxide detect-
ing  device  shall  be installed in accordance with rules promulgated by
the commissioner in  consultation  with  the  fire  department  and  the
department of health and mental hygiene.
  c.  IN EVERY BUILDING CLASSIFIED IN OCCUPANCY GROUPS F-1, F-3 AND F-4,
AT LEAST ONE APPROVED AND OPERATIONAL CARBON MONOXIDE  DETECTING  DEVICE
SHALL  BE  INSTALLED IN ACCORDANCE WITH RULES PROMULGATED BY THE COMMIS-
SIONER IN CONSULTATION WITH THE FIRE DEPARTMENT AND  THE  DEPARTMENT  OF
HEALTH AND MENTAL HYGIENE.
  D.  The  provisions of this article shall apply retroactively to every
building, in accordance with the provisions of subdivision a or subdivi-
sion  b  of  this  section,  irrespective  of  when  such  building  was
constructed or a certificate of occupancy for such building was issued.
  [d.]  E. The provisions of this article may be enforced by the depart-
ment, the fire department, the department of health and  mental  hygiene
and the department of housing preservation and development.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.