Bill S4610-2013

Requires builders of one- and two-family dwellings having less than 3 stories to provide buyers with information on the installation and maintenance of automatic fire sprinkler systems

Requires builders of one- and two-family dwellings having less than 3 stories to provide buyers with information on the installation and maintenance of automatic fire sprinkler systems.

Details

Actions

  • Mar 10, 2014: REPORTED AND COMMITTED TO FINANCE
  • Jan 8, 2014: REFERRED TO CONSUMER PROTECTION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 20, 2013: referred to consumer affairs and protection
  • Jun 20, 2013: DELIVERED TO ASSEMBLY
  • Jun 20, 2013: PASSED SENATE
  • Jun 20, 2013: ORDERED TO THIRD READING CAL.1530
  • Jun 20, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 20, 2013: REPORTED AND COMMITTED TO FINANCE
  • Apr 15, 2013: REFERRED TO CONSUMER PROTECTION

Votes

VOTE: COMMITTEE VOTE: - Consumer Protection - May 20, 2013
Ayes (10): Zeldin, Fuschillo, Little, Marchione, Maziarz, Savino, Hoylman, Serrano, Gipson, Latimer
Ayes W/R (1): Boyle
VOTE: COMMITTEE VOTE: - Consumer Protection - Mar 10, 2014
Ayes (10): Zeldin, Little, Marchione, Maziarz, Savino, Robach, Hoylman, Serrano, Gipson, Latimer
Ayes W/R (1): Boyle

Memo

BILL NUMBER:S4610

TITLE OF BILL: An act to amend the general business law and the executive law, in relation to automatic sprinkler system requirements for one- and two-family dwellings; and providing for the repeal of such provisions upon certain conditions

PURPOSE:

This bill would require any builder who is contracting to construct a one or two family residence under three stories in height to provide the buyer with information prepared by the Office of Fire Prevention and Control regarding the installation of fire sprinklers.

SUMMARY OF PROVISIONS:

Section one of the bill amends the General Business law by adding a new article 35-F which requires that every builder of a one or two family residential dwelling, under three stories high, to provide information developed by the Office of Fire Prevention and Control on the installation of fire sprinklers.

Section 2 amends section 156 of the Executive law to authorize the Office of Fire Prevention and Control provide written materials to consumers and builders which detail the benefits of and include the costs associated with the installation and maintenance of an automatic sprinkler system.

JUSTIFICATION:

This bill would ensure that buyers of newly constructed one or two family homes are provided with information about the benefits and costs associated with automatic fire sprinkler systems prior to having a residence constructed. Potential buyers would be given information which is prepared by the Office of Fire Prevention and Control. This information would enable buyers to make an informed decision as to whether to include automatic fire sprinklers in their new home. If a buyer decides to include fire sprinklers, the builder would be required to install them.

There are fire safety benefits to including a fire sprinkler system. Costs, however, can significantly impact affordability. For example, costs can increase when the well or public water supply does not have sufficient pressure to deliver the amount of water needed for a residential system to effectively operate. This may be a particular problem in rural areas where well water is commonly used. The added costs of pressurizing the sprinkler system may make the costs rise disproportionately to the cost of home.

The home buyer is currently responsible for a decision as to whether to incorporate automatic sprinklers into their newly constructed home. Passage of this bill will aid the home buyer in making an informed decision.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect 120 days after becoming a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4610 2013-2014 Regular Sessions IN SENATE April 15, 2013 ___________
Introduced by Sen. YOUNG -- 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 and the executive law, in relation to automatic sprinkler system requirements for one- and two- family dwellings; and providing for the repeal of such provisions upon certain conditions 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 article 35-F to read as follows: ARTICLE 35-F FIRE SPRINKLER INFORMATION SECTION 759. DEFINITIONS. 759-A. DISCLOSURE OF AUTOMATIC FIRE SPRINKLER SYSTEM INFORMA- TION. S 759. DEFINITIONS. WHEN USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "BUILDER" MEANS ANY PERSON, CORPORATION, PARTNERSHIP OR OTHER ENTI- TY CONTRACTING WITH AN OWNER FOR THE CONSTRUCTION OF A ONE- OR TWO-FAMI- LY RESIDENTIAL DWELLING HAVING LESS THAN THREE STORIES. 2. "BUYER" MEANS ANY PERSON OR PERSONS WHO HAVE CONTRACTED OR WHO INTEND TO CONTRACT WITH A BUILDER FOR THE CONSTRUCTION OF A ONE- OR TWO-FAMILY RESIDENTIAL DWELLING HAVING LESS THAN THREE STORIES. S 759-A. DISCLOSURE OF AUTOMATIC FIRE SPRINKLER SYSTEM INFORMATION. A BUILDER OF A ONE- OR TWO-FAMILY RESIDENTIAL DWELLING HAVING LESS THAN THREE STORIES, PRIOR TO ENTERING INTO A CONTRACT FOR CONSTRUCTION OF SUCH DWELLING WITH A BUYER, SHALL PROVIDE THE BUYER WITH A COPY OF WRIT- TEN MATERIALS PREPARED BY THE OFFICE OF FIRE PREVENTION AND CONTROL PURSUANT TO SUBDIVISION TWENTY OF SECTION ONE HUNDRED FIFTY-SIX OF THE EXECUTIVE LAW, WHICH DETAILS THE BENEFITS OF AND INCLUDES THE COSTS ASSOCIATED WITH THE INSTALLATION AND MAINTENANCE OF AN AUTOMATIC FIRE
SPRINKLER SYSTEM. UPON REQUEST OF THE BUYER, THE BUILDER SHALL, AT THE BUYER'S EXPENSE, INSTALL AN AUTOMATIC FIRE SPRINKLER SYSTEM IN SUCH ONE- OR TWO-FAMILY RESIDENTIAL DWELLING HAVING LESS THAN THREE STORIES. S 2. Section 156 of the executive law is amended by adding a new subdivision 20 to read as follows: 20. PROVIDE WRITTEN MATERIALS TO CONSUMERS AND BUILDERS WHICH DETAIL THE BENEFITS OF AND INCLUDE THE COSTS ASSOCIATED WITH THE INSTALLATION AND MAINTENANCE OF AN AUTOMATIC FIRE SPRINKLER SYSTEM FOR A ONE- OR TWO-FAMILY RESIDENTIAL DWELLING. S 3. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided that, effective immediately, the office of fire prevention and control is authorized and directed to prepare the materials required by subdivision 20 of section 156 of the executive law, as added by section two of this act, on or before such effective date; and provided, further, that this act shall expire and be deemed repealed upon the effective date of provisions of the New York state uniform fire prevention and building code which are equivalent to the terms of section 312.2 (relating to automatic fire sprinkler systems in one- or two-family dwellings under three stories) of the Interna- tional Residential Code (2009 edition) or any successor reversions ther- eof requiring fire sprinklers for one- or two-family dwellings under three stories; provided that the state fire administrator shall notify the legislative bill drafting commission upon the adoption of such provisions of the New York state uniform fire prevention and building code in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law.

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