Requires radiator covers for dwelling units, when requested; imposes civil penalties for failure to abide with the provisions of the section.
TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to requiring radiator covers when requested for dwelling units
PURPOSE OR GENERAL IDEA OF BILL: This bill would explicitly require landlords to provide covers for radiators in habitable rooms.
SUMMARY OF SPECIFIC PROVISIONS: The bill adds a new section 17-125 to the administrative code of the city of New York.
JUSTIFICATION: Bums from radiators and home heating devices can cause significant injury and even morbidity to vulnerable populations such as children and the elderly, according to studies conducted at burn centers across the country. These injuries and fatalities are easily preventable by covering and insulating radiators and piping. The regenerative cell layer of the skin is destroyed at temperatures greater than 113 degrees F. Installing a cover or protective grill to enclose the radiator can reduce the contact temperature of the radiator to 109-F. In 2002, Aaron Rivera, a 3-year-old child from the Bronx, was badly burned when he climbed on top of an uncovered radiator in his family's apartment. His family had repeatedly requested that the landlord install a cover over the radiator. They filed a lawsuit, decided in 2006 by the New York State Court of Appeals, which ruled that landlords are not required by law to provide radiator covers.
Currently the law only requires landlords to insulate accessible piping carrying steam, water, or other fluids at temperatures exceeding 165 degrees Fahrenheit. This bill would require that in addition to piping, radiators carrying fluids and steam of equally dangerous temperature also be covered. Like the existing provisions requiring landlords to install window guards and remove lead paint, this legislation protects young children in the home by preventing potentially fatal injury. This shall not be counted as a major capital improvement.
PRIOR LEGISLATIVE HISTORY: A.7308 of 2007-2008 - Referred to Cities S.7442/A.3381- 2010 - Referred to Cities
FISCAL IMPLICATIONS: Undetermined.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 3165 2011-2012 Regular Sessions IN SENATE February 10, 2011 ___________Introduced by Sen. HUNTLEY -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the administrative code of the city of New York, in relation to requiring radiator covers when requested for dwelling units THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The administrative code of the city of New York is amended by adding a new section 17-125 to read as follows: S 17-125 RADIATOR COVERS. A. THE OWNER, OR AGENT WHO IS RESPONSIBLE FOR THE LEASING OR MANAGEMENT OF A MULTIPLE DWELLING SHALL PROVIDE AND INSTALL RADIATOR COVERS FOR ALL RADIATOR UNITS IN A DWELLING UNIT WITHIN NINETY DAYS OF THE RECEIPT OF A WRITTEN REQUEST BY A TENANT OF THE DWELLING UNIT. B. ANY OWNER OR AGENT WHO VIOLATES THE PROVISIONS OF SUBDIVISION A OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN TEN DOLLARS AND NO MORE THAN FIFTY DOLLARS FOR EACH DWELLING UNIT IN WHICH A VIOLATION OCCURS BETWEEN JUNE FIRST AND SEPTEMBER THIRTIETH, AND A CIVIL PENALTY OF NOT LESS THAN TWENTY-FIVE DOLLARS AND NO MORE THAN ONE HUNDRED TEN DOLLARS PER DAY FOR EACH DWELLING UNIT IN WHICH A VIOLATION OCCURS BETWEEN OCTOBER FIRST AND MAY THIRTY-FIRST. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08777-01-1