Provides that batteries in battery operated single station smoke detecting alarm devices shall be non-replaceable, non-removable and capable of powering the devices for a minimum of ten years.

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S4054-2013 Actions

• May 1, 2013: ADVANCED TO THIRD READING
• Apr 30, 2013: 2ND REPORT CAL.
• Apr 29, 2013: 1ST REPORT CAL.446
• Mar 6, 2013: REFERRED TO CONSUMER PROTECTION

S4054-2013 Meetings

Consumer Protection: Apr 29, 2013

S4054-2013 Calendars

Floor Calendar: Apr 30, 2013 , Floor Calendar: May 1, 2013 , Floor Calendar: May 6, 2013 , Floor Calendar: May 7, 2013 , Floor Calendar: May 8, 2013 , Floor Calendar: May 20, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013 , Floor Calendar: May 23, 2013

S4054-2013 Votes

S4054-2013 Memo

BILL NUMBER:S4054

TITLE  OF BILL:  An act to amend the general business law, in relation
to certain smoke detecting devices

PURPOSE OR GENERAL  IDEA  OF  BILL:  This  legislation  provides  that
battery  operated smoke detectors within homes have batteries that are
non-replaceable, non-removable and will power the device for a minimum
of ten years.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section  399-ccc  sub-section  1  that  makes  it
unlawful  for  any person to distribute, sell, offer for sale, install
or import any smoke detecting device, which is battery operated and is
not powered by a battery that is  non-replaceable,  non-removable  and
capable of powering the device for a minimum of ten years.

Sub-section   2  requires  that  the  product  packaging  include  the
manufacturer's name or registered  trade-mark  and  model  number  and
state that the battery has a minimum life of 10 years.

Sub-section  3  provision  of  this  section  shall not apply to smoke
detecting devices install prior to the effective date.

Section 2 is the effective date.

JUSTIFICATION: New York State first required smoke alarms in homes  in
1961  and  as  a result fire deaths have since been cut in half. Smoke
alarms that are properly installed and maintained play a vital role in
reducing fire deaths and injuries. Yet the  data  clearly  shows  that
most  fire  deaths  today  happen  in homes with no smoke alarms or no
working alarms.

Rending a smoke alarm inoperable by tampering with the alarm, removing
its batteries or failing to change its batteries can result in  deadly
consequences.  In  the  Consumer Products Safety Commission's National
Smoke Detector Project, 32% of consumers  disable  their  smoke  alarm
when  they  experienced unwanted alarm activation from such sources as
cooking, steam, cigarettes, dust or low battery chirps.

Long life, tamper resistant smoke alarms go to the core of  addressing
disablement  and  failed maintenance by consumers, and do so in a cost
effective way. In recent years advancements have led to  smoke  alarms
that  today  prevent  consumer  tampering and that can power the alarm
fora minimum of ten years, As these alarms have become more  available
and affordable, requiring the replacement of existing battery operated
smoke  alarms  with  this more maintenance-free alarms will drive down
fire deaths and injuries.

PRIOR  LEGISLATIVE   HISTORY:   2011/2012:   A10631-A,   amended   and
recommitted to governmental operations, print number 10631-A

FISCAL IMPLICATIONS: None


EFFECTIVE  DATE:  This  act  shall  take  effect  on  January 1, 2015,
provided  however,  that  effective  immediately,  all   actions   and
procedures   with   respect   to  the  proposed  adoption,  amendment,
suspension  and  repeal  of  any  rule  or   regulation   for   timely
implementation of this act are directed and authorized.

S4054-2013 Text

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

                                    4054

                         2013-2014 Regular Sessions

                              I N  SENATE

                                March 6, 2013
                                 ___________

  Introduced  by Sen. NOZZOLIO -- 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  smoke
    detecting devices

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


    Section 1. The general business law is amended by adding a new section
  399-ccc to read as follows:

    S 399-CCC. SMOKE DETECTING DEVICES. 1. IT SHALL BE  UNLAWFUL  FOR  ANY
  PERSON  TO DISTRIBUTE, SELL, OFFER FOR SALE, INSTALL OR IMPORT ANY SMOKE
  DETECTING DEVICE, WHICH IS SOLELY BATTERY OPERATED AND IS NOT POWERED BY
  A BATTERY THAT IS NON-REPLACEABLE, NON-REMOVABLE AND CAPABLE OF POWERING
  SUCH DEVICE FOR A MINIMUM OF TEN YEARS.
    2. ALL PRODUCT PACKAGING CONTAINING A SOLELY  BATTERY  OPERATED  SMOKE
  DETECTING DEVICE SHALL INCLUDE THE FOLLOWING INFORMATION:

    (A)  THE  MANUFACTURER'S  NAME  OR  REGISTERED TRADEMARK AND THE MODEL
  NUMBER OF THE SMOKE DETECTING DEVICE; AND
    (B) A MINIMUM BATTERY LIFE OF TEN YEARS.
    3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  SOLELY  BATTERY
  OPERATED  SMOKE  DETECTING DEVICES INSTALLED PRIOR TO THE EFFECTIVE DATE
  OF THIS SECTION WHICH ARE REMOVED OR RELOCATED TO ANOTHER ROOM  OR  AREA
  OF THE SAME BUILDING AFTER THE EFFECTIVE DATE OF THIS SECTION; TO SOLELY
  BATTERY  OPERATED SMOKE DETECTING DEVICES WHICH HAVE BEEN ORDERED BY, OR
  ARE IN THE INVENTORY OF, OWNERS, MANAGING  AGENTS,  CONTRACTORS,  WHOLE-
  SALERS  OR RETAILERS ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION; TO
  SMOKE DETECTING DEVICES WHICH RECEIVE THEIR POWER  FROM  THE  ELECTRICAL
  SYSTEM  OF  THE  BUILDING, FIRE ALARM SYSTEMS WITH SMOKE DETECTORS, FIRE
  ALARM DEVICES THAT CONNECT TO A PANEL, OR OTHER DEVICES THAT USE A  LOW-
  POWER RADIO FREQUENCY WIRELESS COMMUNICATION SIGNAL.
    S  2.  This  act  shall take effect January 1, 2015; provided however,
  that effective immediately, all actions and procedures with  respect  to

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01778-04-3

 S. 4054                             2

  the  proposed  adoption,  amendment, suspension or repeal of any rule or
  regulation necessary for the  timely  implementation  of  this  act  are
  directed  and  authorized  to  be  made  and completed on or before such
  effective date.