Bill S278-2009

Requires the state uniform fire prevention and building code to include standards requiring the installation of an operable carbon monoxide detector in restaurants

Requires the state uniform fire prevention and building code to include standards requiring the installation of an operable carbon monoxide detector in restaurants constructed or sold after December 1, 2009.

Details

Actions

  • Jan 6, 2010: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • Jan 7, 2009: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

 BILL NUMBER:  S278

TITLE OF BILL : 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

PURPOSE : To require the installation of carbon monoxide detectors in restaurants that have appliances, devices or systems that may emit carbon monoxide.

SUMMARY OF PROVISIONS : Section one - amends subdivision 5-a of section 378 of the executive law to add restaurants to the list of places where carbon monoxide detectors are required.

Section two - contains the effective date.

EXISTING LAW : Subdivision 5-a of section 378 of the executive law requires carbon monoxide detectors in every one or two-family dwelling constructed or offered for sale after July 13, 2002, any dwelling accommodation located in a condominium or cooperative, or any multiple dwellings constructed or offered for sale after August 9, 2005 where the dwelling unit has appliances, devices or systems that may emit carbon monoxide or has an attached garage.

JUSTIFICATION : On November 17, 2007 more than 47 customers and staff at the Log Jam Restaurant in Queensbury, New York were overcome with carbon monoxide poisoning as a result of a malfunctioning appliance. The emergency personnel on scene reported readings as high as 5,000 parts per million in the dining room. This unfortunate event could have been avoided had the restaurant installed carbon monoxide detectors. The Log Jam has since installed carbon monoxide detectors in their restaurant in order to protect their patrons and staff.

Carbon monoxide is a colorless, odorless gas that can be fatal if undetected. It is the product of the incomplete combustion of solid, liquid and gaseous fuel and carbon monoxide is most often referred to as the "silent killer".

Carbon monoxide detectors are presently required in every one or two-family dwelling constructed or offered for sale after July 13, 2002, any dwelling accommodation located in a condominium or cooperative, or any multiple dwellings constructed or offered for sale after August 9, 2005 where the dwelling unit has appliances, devices or systems that may emit carbon monoxide such as natural gas, oil, propane, coal, kerosene, butane, wood, and gasoline. It also applies to dwellings with an attached garage. It only makes sense to add restaurants to this list.

Furthermore, carbon monoxide detectors are relatively inexpensive and would not present any undue financial hardship to restaurants.

LEGISLATIVE HISTORY :

New bill.

FISCAL IMPLICATIONS : 2008: S.7725 Housing Construction and Community Development Committee; A.10987 T. Gordon, Governmental Operations

EFFECTIVE DATE : This act shall take effect on immediately and shall apply to any restaurant constructed or offered for sale after December 1, 2009.

Text

STATE OF NEW YORK ________________________________________________________________________ 278 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________
Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development 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: Section 1. Subdivision 5-a of section 378 of the executive law, as amended by chapter 202 of the laws of 2006, is amended to read as follows: 5-a. A. Standards for installation of carbon monoxide detectors requiring that every one or two-family dwelling constructed or offered for sale after July thirtieth, two thousand two, any dwelling accommo- dation located in a building owned as a condominium or cooperative in the state constructed or offered for sale after July thirtieth, two thousand two, [or] any multiple dwellings constructed or offered for sale after August ninth, two thousand five, OR ANY RESTAURANT CONSTRUCTED OR OFFERED FOR SALE AFTER DECEMBER FIRST, TWO THOUSAND NINE shall have installed an operable carbon monoxide detector of such manu- facture, design and installation standards as are established by the council. Carbon monoxide detectors required by this [section] SUBDIVI- SION are required only where the dwelling unit OR RESTAURANT has appli- ances, devices or systems that may emit carbon monoxide or has an attached garage. B. (I) For purposes of this subdivision, [multiple dwelling] "MULTIPLE DWELLING" means a dwelling which is either rented, leased, let or hired out, to be occupied[,] or is occupied as the temporary or permanent residence or home of three or more families living independently of each other, including but not limited to the following: a tenement, flat
house, maisonette apartment, apartment house, apartment hotel, tourist house, bachelor apartment, studio apartment, duplex apartment, kitchen- ette apartment, hotel, lodging house, rooming house, boarding house, boarding and nursery school, furnished room house, club, sorority house, fraternity house, college and school dormitory, convalescent, AND old age or nursing homes or residences. It shall also include a dwelling, two or more stories in height, and with five or more boarders, roomers or lodgers residing with any one family. (II) For the purposes of this [section] SUBDIVISION, [sale] "SALE" shall mean the transfer of ownership of a business or property, provided however, transfer of franchises shall not be deemed a sale. [New construction] (III) FOR THE PURPOSES OF THIS SUBDIVISION, "NEW CONSTRUCTION" shall mean a new facility or a separate building added to an existing facili- ty. S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus