Requires warning labels on fireplace glass panels advising consumers of the grave risk of burns when the fireplace is operating.

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S4029-2011 Actions

• Jan 4, 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
• Mar 14, 2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S4029-2011 Memo

BILL NUMBER:S4029

TITLE OF BILL:
An act
to amend
the executive law, in relation to requiring warning labels on fireplaces
and fireplace enclosures that have glass viewing panels

PURPOSE OR GENERAL IDEA OF BILL:
This legislation would require fireplace manufacturers to affix a
bright orange warning label to the glass panel of all glass-paneled
factory manufactured fireplaces. This label would alert consumers to
the grave risk of burns that could result from touching the
glass viewing pane while the fireplace is in operation. Removal of the
label by anyone other than the owner of a dwelling where the
fireplace is installed would result in a civil penalty.

SUMMARY OF PROVISIONS:
This legislation would add a new subdivision 17 to Section 378 of the
executive law to read as follows:

17. Standards for factory manufactured fireplaces and fireplace
enclosures which have glass viewing panels requiring that every such
fireplace and enclosure, sold or installed after the effective date
of this subdivision, shall have affixed to the glass panels thereof,
a conspicuous orange warning label advising the consumer of the grave
risk of serious burns posed by touching such glass panels when a
fireplace is operating. No such warning label shall be removed from
the glass of a fireplace or fireplace enclosure by any person;
provided, however, that when such a fireplace or fireplace enclosure
is installed in ,an owner occupied dwelling, such warning may be
removed by the owner who occupies such dwelling. Any person who
violates the standards established pursuant to this subdivision shall
be liable for a civil penalty not to exceed two hundred fifty dollars.

JUSTIFICATION:
While the dangers of an open flame are well known, many people do not
harbor the same concerns with respect to the glass that encloses gas
fireplaces. While in operation, glass panels or enclosures of gas
fireplaces reach temperatures of up to 500 degrees. The 500-degree
limit was voluntarily imposed by the fireplace industry to prevent
the glass from cracking under extreme heat and not with consumer
safety in mind. The temperature of the glass is so extreme that when
touched, skin is likely to melt and stick to the glass, causing
devastating injuries. What is especially unfortunate is that many of
the accidents involving superheated glass affect children, who are
drawn to the fire
but likely view the glass as a safe barrier from the flame. Since
1999, over 2,000 children under the age of 6 have suffered burns from
glass fireplace enclosures.
Under current law, there is no requirement or mandate to warn

consumers of the danger posed by superheated glass panels on gas
fireplaces.
Voluntary standards adopted by the industry itself are the only
protection currently in place and they fail to adequately address the
safety of the consumer. Existing warnings are placed in obscurity,
near the pilot light or in the manual, and are usually overlooked by
the consumer. Absent adequate self-imposed regulations by the
industry, protecting consumers against these tragic incidents falls
on the legislature. This legislation would add a requirement that
would mandate factory fireplace manufacturers to warn the consumers
of this grave danger in a way that would legitimately ensure that the
consumer sees the warning and is on notice of the possible resulting
harms.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided, that any rules
and regulations necessary to implement the provisions of this act on
its effective date are authorized and directed to be promulgated,
amended and/or repealed on or before such date.

S4029-2011 Text

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

                                    4029

                         2011-2012 Regular Sessions

                              I N  SENATE

                               March 14, 2011
                                 ___________

  Introduced  by  Sens.  ZELDIN, GOLDEN -- 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 requiring warning
    labels on fireplaces and fireplace enclosures that have glass  viewing
    panels

    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 17 to read as follows:

    17. STANDARDS FOR FACTORY MANUFACTURED FIREPLACES AND FIREPLACE ENCLO-
  SURES  WHICH  HAVE  GLASS VIEWING PANELS REQUIRING THAT EVERY SUCH FIRE-
  PLACE AND ENCLOSURE, SOLD OR INSTALLED AFTER THE EFFECTIVE DATE OF  THIS
  SUBDIVISION, SHALL HAVE AFFIXED TO THE GLASS PANELS THEREOF, A CONSPICU-
  OUS  ORANGE  WARNING  LABEL  ADVISING  THE CONSUMER OF THE GRAVE RISK OF
  SERIOUS BURNS POSED BY TOUCHING SUCH GLASS PANELS WHEN  A  FIREPLACE  IS
  OPERATING.  NO  SUCH  WARNING LABEL SHALL BE REMOVED FROM THE GLASS OF A
  FIREPLACE OR FIREPLACE ENCLOSURE BY ANY PERSON; PROVIDED, HOWEVER,  THAT
  WHEN  SUCH  A  FIREPLACE OR FIREPLACE ENCLOSURE IS INSTALLED IN AN OWNER
  OCCUPIED DWELLING, SUCH WARNING MAY BE REMOVED BY THE OWNER WHO OCCUPIES
  SUCH DWELLING. ANY PERSON WHO VIOLATES THE STANDARDS ESTABLISHED  PURSU-
  ANT  TO  THIS  SUBDIVISION  SHALL  BE  LIABLE FOR A CIVIL PENALTY NOT TO
  EXCEED TWO HUNDRED FIFTY DOLLARS.
    S 2. This act shall take effect on the first of January next  succeed-
  ing  the  date  on  which it shall have become a law; provided, that any
  rules and regulations necessary to implement the provisions of this  act
  on  its  effective  date  are authorized and directed to be promulgated,
  amended and/or repealed on or before such date.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08760-02-1