Enacts "Sammy's law"; requires every person, firm, corporation or limited liability company engaged in the business of furnishing public lodging accommodations in hotels, motels or motor courts who are not in compliance with current New York state uniform fire prevention and building code requirements for open guards (balcony railings) to notify purchasers of rooms of certain safety issues.

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S2995-2011 Actions

• Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
• Feb 4, 2011: REFERRED TO CONSUMER PROTECTION

S2995-2011 Memo

BILL NUMBER:S2995

TITLE OF BILL:
An act to amend the general business law, in relation to certain hotels,
motels and motor courts with balconies

PURPOSE:
To protect young children by requiring hotels, motels and motor courts
whose balconies have railings which are spaced more than 4" apart to
notify the families of this condition and potential for young children
to slip through the railings.

SUMMARY OF PROVISIONS:
Section 1 states legislative findings and intent.

Section 2 provides that the act shall be known as "Sammy's Law".

Section 3 amends section 204-b of the general business law to require
that hotels, motels and motor courts, that are not in compliance with
current New York State building code, or the building code of the City
of New York, if applicable, requirements pertaining to the space between
railings, shall post in all covered rental units the following notice,
or a substantially similar notice, in a conspicuous location at eye
level on the door used to access the balcony from the unit in such a
manner that a person exiting the unit through the door is most likely to
see such notice. Such notice shall state:

"WARNING": The potential exists for young children to slip through
spaces between the balusters or ornamental patterns of this balcony."
Such notice shall be printed in no less than forty point type, except
that the word "WARNING: shall be printed in at least seventy-two point
type. Such notice shall be printed in English and in the second most
popular language spoken by residents in the county in which the public
lodging accommodation is located.

Section 4 provides for an effective date 60 days after it shall have
become law.

JUSTIFICATION:
Current New York State Building Codes require that the spacing between
railings on balconies be no larger than 4", however buildings created
prior to this standard were grandfathered in. As a result many hotels
and motels do have balconies which may pose a risk to young children who
can slip through the railings. Tragically, in January 2006 a 3 and 1/2
year old boy from New York named Sammy fell to his death from an 8th
floor balcony. The space between the railings at the hotel his family
was staying at were 4 5/8" and Sammy slipped through. While Sammy can
not be brought back, New York State can protect other young children by
making sure that families of young children are warned by hotels and
motels of railings that are spaced more than 4" apart. This bill will
make sure that the public is made aware and can take the necessary
precautions.

LEGISLATIVE HISTORY:
2009: S.5162/Passed Assembly
2008: S.2443-A/Passed Senate
2007: S.2443-A/Passed Senate


FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:
On the 60th day after enactment.

S2995-2011 Text

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

                                    2995

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 4, 2011
                                 ___________

  Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
    printed to be committed to the Committee on Consumer Protection

  AN ACT to amend the general business law, in relation to certain hotels,
    motels and motor courts with balconies

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


    Section 1. Legislative findings and intent.  The legislature finds and
  declares  that  public  lodging  accommodations  with  rental units that
  include balconies with railings containing balusters  spaced  more  than
  four  inches  apart  pose  a threat to the safety of young children. The
  legislature further finds  that  parents  of  young  children  occupying
  rental  units  with such balconies should be made aware of the potential
  danger such balconies may pose to young children.
    Therefore, it is the intent of the legislature to require hotel, motel
  and motor court operators with balconies that do not  meet  the  current
  requirements set forth in the New York state uniform fire prevention and
  building  code  or building code of the city of New York, if applicable,
  to post a notice in informing lodgers of  such  condition.  This  legis-
  lation  shall  not be construed to mean that hotel, motel or motor court
  buildings lawfully grandfathered under the laws creating  the  New  York
  state uniform fire prevention and building code and building code of the
  city of New York are in any way out of compliance with such codes.
    S 2. This act shall be known and may be cited as "Sammy's law".
    S 3. The general business law is amended by adding a new section 204-b
  to read as follows:

    S  204-B.  HOTELS  WITH BALCONIES; REQUIREMENTS. 1. FOR THE PURPOSE OF
  THIS SECTION:

    (A) "COVERED RENTAL UNIT" SHALL MEAN ANY ROOM OFFERED  TO  THE  PUBLIC
  FOR  LODGING ACCOMMODATION THAT INCLUDES A BALCONY, SOLELY ACCESSIBLE BY
  THE OCCUPANT OR OCCUPANTS OF SUCH ROOM, THAT:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07462-01-1

 S. 2995                             2

    (I) WAS BUILT BEFORE THE CURRENT VERSION OF THE NEW YORK STATE UNIFORM
  FIRE PREVENTION AND BUILDING CODE, OR THE BUILDING  CODE OF THE CITY  OF
  NEW YORK, IF APPLICABLE, BECAME EFFECTIVE;
    (II)  CONTAINS BALUSTERS OR ORNAMENTAL PATTERNS SITUATED IN SUCH A WAY
  THAT SUCH BALCONY DOES NOT MEET THE CURRENT REQUIREMENTS FOR OPEN GUARDS
  CONTAINED IN THE NEW YORK STATE UNIFORM  FIRE  PREVENTION  AND  BUILDING
  CODE, OR THE BUILDING CODE OF THE CITY OF NEW YORK, IF APPLICABLE.
    (B)  "NEW  YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE" MEANS
  THE UNIFORM FIRE PREVENTION AND BUILDING CODE PROMULGATED UNDER  SECTION
  THREE HUNDRED SEVENTY-SEVEN OF THE EXECUTIVE LAW.
    (C)  "BUILDING  CODE  OF THE CITY OF NEW YORK" SHALL MEAN THE BUILDING
  CODE OF THE CITY OF NEW YORK AS DEFINED IN TITLES TWENTY-SEVEN AND TWEN-
  TY-EIGHT OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
    2. EVERY  PERSON,  FIRM,  CORPORATION  OR  LIMITED  LIABILITY  COMPANY
  ENGAGED  IN  THE BUSINESS OF FURNISHING PUBLIC LODGING ACCOMMODATIONS IN
  HOTELS, MOTELS OR MOTOR COURTS WITH COVERED RENTAL UNITS SHALL  POST  IN
  ALL  COVERED RENTAL UNITS THE FOLLOWING NOTICE, OR A SUBSTANTIALLY SIMI-
  LAR NOTICE, IN A CONSPICUOUS LOCATION AT EYE LEVEL ON THE DOOR  USED  TO
  ACCESS  THE BALCONY FROM THE UNIT IN SUCH A MANNER THAT A PERSON EXITING
  THE UNIT THROUGH THE DOOR IS MOST LIKELY  TO  SEE  SUCH  NOTICE.    SUCH
  NOTICE SHALL STATE:

    "WARNING:  THE  POTENTIAL  EXISTS  FOR  YOUNG CHILDREN TO SLIP THROUGH
  SPACES BETWEEN THE BALUSTERS OR ORNAMENTAL PATTERNS OF THIS BALCONY."
    SUCH NOTICE SHALL BE PRINTED IN NO LESS THAN FORTY POINT TYPE,  EXCEPT
  THAT  THE  WORD "WARNING" SHALL BE PRINTED IN AT LEAST SEVENTY-TWO POINT
  TYPE. SUCH NOTICE SHALL BE PRINTED IN ENGLISH AND  IN  THE  SECOND  MOST
  POPULAR  LANGUAGE  SPOKEN BY RESIDENTS IN THE COUNTY IN WHICH THE PUBLIC
  LODGING ACCOMMODATION IS LOCATED.
    3. THE DEPARTMENT OF STATE SHALL PROMULGATE SUCH RULES AND REGULATIONS
  AS ARE DEEMED NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION,  AND
  SHALL PROVIDE WRITTEN NOTIFICATION OF THE PROVISIONS OF THIS SECTION TO:

    (A)  EVERY  PERSON,  FIRM,  CORPORATION  OR  LIMITED LIABILITY COMPANY
  ENGAGED IN THE BUSINESS OF FURNISHING PUBLIC LODGING  ACCOMMODATIONS  IN
  HOTELS, MOTELS OR MOTOR COURTS LOCATED IN THE STATE; AND
    (B)  THE CHIEF PRESIDING OFFICER OF A STATEWIDE ASSOCIATION REPRESENT-
  ING THE INTERESTS OF BUILDING CODE ENFORCEMENT OFFICIALS.
    S 4. This act shall take effect on the sixtieth  day  after  it  shall
  have become a law.