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.
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.
STATE OF NEW YORK ________________________________________________________________________ 4054 2013-2014 Regular Sessions IN 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 toEXPLANATION--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.