Requires the installation of carbon monoxide detectors in elementary and secondary school buildings; authorizes the commissioner of education to annually prescribe a special cost allowance for such carbon monoxide detectors.
BILL NUMBER: S2314
TITLE OF BILL :
An act to amend the education law, in relation to requiring the installation of carbon monoxide detectors in school buildings
To protect the health and safety of elementary and secondary school students by requiring installation of carbon monoxide detectors in all school buildings where there is a substantial risk of exposure to carbon monoxide.
SUMMARY OF PROVISIONS :
Bill § 1 adds a new §411 to the Education Law, requiring the Commissioner of Education to adopt regulations requiring the installation of operable carbon monoxide detectors in every elementary and secondary school building within the state wherein the use of heating or other equipment poses a substantial risk of exposure to carbon monoxide. Such carbon monoxide detectors must meet the manufacture, design and installation standards established by the State Uniform Fire Prevention and Building Code Council pursuant to Executive Law §378.
Bill §2 adds carbon monoxide detectors to the list of safety and security devices that qualify for the special apportionment of school building aid in Education Law §3602(6-c). The Commissioner is authorized to annually prescribe a special maximum cost allowance for carbon monoxide detectors.
Bill §3 provides that no school district shall be required to make expenditures in its current fiscal year or in any subsequent fiscal year of more than $100.00 per affected school building for carbon monoxide detectors.
Bill §4 sets forth timelines for installation of detectors. All covered buildings first occupied on or after January 31, 2010 shall have detectors when occupied, and all other buildings shall have detectors installed not later than January 31, 2012.
EXISTING LAW :
Although one and two-family homes are required to be equipped with carbon monoxide detectors, school buildings are not currently subject to any such requirement.
Carbon monoxide is a colorless, odorless gas which can cause nausea, headaches and dizziness. If it is allowed to build up in enclosed spaces, it can be deadly. Carbon monoxide detectors represent an inexpensive and effective way to protect against carbon monoxide poisoning.
The Legislature recently recognized the value of these devices by requiring their installation in one and two-family homes. However, carbon monoxide detectors are not currently required in school buildings. This bill calls on the Commissioner of Education to adopt regulations requiring that detectors be installed in every elementary and secondary school building in New York State where heating equipment or other factors pose a substantial risk of exposure to carbon monoxide.
School buildings first occupied on or after January 31, 2008 will have to be so equipped when they open. Existing buildings have three years after that date to come into compliance. Carbon monoxide detectors are also added to the list of safety and security equipment for which a special apportionment of school building aid is available. These provisions will help to ensure that the buildings our students learn in can be made safer without imposing any burdensome costs on school districts.
LEGISLATIVE HISTORY : 2005-06, S.983; 2003-04, S.3563-B.
FISCAL IMPLICATIONS :
EFFECTIVE DATE : January 31, 2010, and applicable to all school buildings first occupied on or after that date. Buildings occupied prior to January 31, 2010 will have until 2012 to install carbon monoxide detectors.
STATE OF NEW YORK ________________________________________________________________________ 2314 2009-2010 Regular Sessions IN SENATE February 18, 2009 ___________Introduced by Sens. HUNTLEY, ADAMS, ESPADA, FOLEY, KRUEGER, LAVALLE, MONSERRATE, PARKER, SAMPSON, SERRANO -- read twice and ordered print- ed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to requiring the instal- lation of carbon monoxide detectors in school buildings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 411 to read as follows: S 411. INSTALLATION OF CARBON MONOXIDE DETECTORS. THE COMMISSIONER SHALL ADOPT REGULATIONS REQUIRING THE INSTALLATION OF OPERABLE CARBON MONOXIDE DETECTORS IN EVERY ELEMENTARY AND SECONDARY SCHOOL BUILDING WITHIN THE STATE WHEREIN THE USE OF HEATING OR OTHER EQUIPMENT POSES A SUBSTANTIAL RISK OF EXPOSURE TO CARBON MONOXIDE. SUCH CARBON MONOXIDE DETECTORS SHALL MEET THE MANUFACTURE, DESIGN AND INSTALLATION STANDARDS ESTABLISHED BY THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE COUNCIL PURSUANT TO SECTION THREE HUNDRED SEVENTY-EIGHT OF THE EXECUTIVE LAW. S 2. Subdivision 6-c of section 3602 of the education law, as amended by section 1 of part A2 of chapter 62 of the laws of 2003, is amended to read as follows: 6-c. Building aid for metal detectors, SECURITY CAMERAS AND OTHER SECURITY DEVICES, CARBON MONOXIDE DETECTORS and safety devices for elec- trically operated partitions, room dividers and doors. In addition to the apportionments payable to a school district pursuant to subdivision six of this section, the commissioner is hereby authorized to apportion to any school district additional building aid pursuant to this subdivi- sion for its approved expenditures in the base year for the purchase of stationary metal detectors, security cameras, CARBON MONOXIDE DETECTORS REQUIRED PURSUANT TO SECTION FOUR HUNDRED ELEVEN OF THIS CHAPTER, safety devices for electrically operated partitions and room dividers requiredEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01000-01-9 S. 2314 2
pursuant to section four hundred nine-f of this chapter, or other secu- rity devices approved by the commissioner that increase the safety of students and school personnel, provided, however, that funds apportioned to school districts pursuant to this section shall not supplant funds for existing district expenditures or for existing contractual obli- gations of the district for stationary metal detectors, security cameras, CARBON MONOXIDE DETECTORS, partition and room divider safety devices, or security devices. Portable or hand held metal detectors shall not be eligible for aid pursuant to this subdivision. Such addi- tional aid shall equal the product of the building aid ratio computed for use in the current year pursuant to paragraph c of subdivision six of this section and the actual approved expenditures incurred in the base year pursuant to this subdivision, provided that the limitations on cost allowances prescribed by paragraph a of subdivision six of this section shall not apply. The commissioner shall annually prescribe a special cost allowance for metal detectors, and security cameras, and the approved expenditures shall not exceed such cost allowance. THE COMMISSIONER SHALL ANNUALLY PRESCRIBE A SPECIAL COST ALLOWANCE FOR CARBON MONOXIDE DETECTORS, AND THE APPROVED EXPENDITURES SHALL NOT EXCEED SUCH COST ALLOWANCE. The commissioner shall annually prescribe a special cost allowance for partition and room divider safety devices, and the approved expenditures shall not exceed such cost allowance. S 3. Notwithstanding any other provision of law, rule or regulation to the contrary no school district shall be required to make expenditures in its current fiscal year or in any subsequent fiscal year of more than one hundred dollars per affected school building for carbon monoxide detectors. S 4. This act shall take effect January 31, 2010, and shall apply to all school buildings first occupied on or after such date, provided, however, that the commissioner of education shall be immediately author- ized and directed to promulgate rules and regulations and take any and all other actions necessary to implement the provisions of this act on such date, and provided further that such rules and regulations shall provide that school buildings occupied prior to January 31, 2010 shall be required to install operable carbon monoxide detectors not later than January 31, 2012.