This bill has been amended

Bill S6657-2013

Requires the New York state uniform fire prevention and building code to address standards for the installation of carbon monoxide detectors in restaurants and other commercial buildings

Requires the New York state uniform fire prevention and building code to address standards for the installation of carbon monoxide detectors in restaurants and other commercial buildings; requires the installation of carbon monoxide detectors in restaurants and other commercial buildings.

Details

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  • Feb 24, 2014: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

BILL NUMBER:S6657

TITLE OF BILL: An act to amend the executive law, in relation to requiring the New York state uniform fire prevention and building code to address standards for the installation of carbon monoxide detectors in restaurants and other commercial buildings; and to amend the administrative code of the city of New York, in relation to requiring the installation of carbon monoxide detectors in restaurants and other commercial buildings

PURPOSE: This legislation would require the installation of carbon monoxide detectors in restaurants and other commercial buildings in New York State.

SUMMARY OF PROVISIONS: Section 378 of the Executive Law and Section 27-981.2 of the administrative code of the City of New York are amended to require the installation of carbon monoxide detectors in restaurants and other commercial buildings that have appliances, devices or systems that mat emit carbon monoxide.

JUSTIFICATION: Recently, a carbon monoxide leak tragically killed a Long Island restaurant manager and sickened nearly 30 people. The carbon monoxide poisoning came from a malfunctioning water heater flue pipe in the basement of the establishment.

Under current New York State law, every one or two-family home, condominium, cooperative and each unit of a multiple dwelling must have a working carbon monoxide detector. This law does not apply to restaurants and other commercial buildings.

This legislation would require the installation of carbon monoxide detectors in restaurants and commercial buildings in New York State.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6657 IN SENATE February 24, 2014 ___________
Introduced by Sen. MARCELLINO -- 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 the New York state uniform fire prevention and building code to address standards for the installation of carbon monoxide detectors in restaurants and other commercial buildings; and to amend the administrative code of the city of New York, in relation to requiring the installation of carbon monoxide detectors in restaurants and other commercial build- ings 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 5-d to read as follows: 5-D. STANDARDS FOR INSTALLATION OF CARBON MONOXIDE DETECTORS REQUIRING THAT EVERY RESTAURANT AND COMMERCIAL BUILDING IN THE STATE OR ANY MULTI- PLE DWELLINGS SHALL HAVE INSTALLED AN OPERABLE CARBON MONOXIDE DETECTOR OF SUCH MANUFACTURE, DESIGN AND INSTALLATION STANDARDS AS ARE ESTAB- LISHED BY THE COUNCIL. CARBON MONOXIDE DETECTORS REQUIRED BY THIS SECTION ARE REQUIRED ONLY WHERE THE RESTAURANT OR COMMERCIAL BUILDING HAS APPLIANCES, DEVICES OR SYSTEMS THAT MAY EMIT CARBON MONOXIDE OR HAS AN ATTACHED GARAGE. S 2. Section 27-981.2 of the administrative code of the city of New York, as amended by local law number 7 of the city of New York for the year 2004, is amended to read as follows: S 27-981.2 Carbon monoxide detecting devices; where required. a. Every dwelling unit in a building within occupancy groups J-1, J-2 or J-3 where a fossil fuel-burning furnace or boiler is located, and every dwelling unit in a building that is in close proximity to a source of carbon monoxide, as such proximity is established by the rules promul- gated by the commissioner in consultation with the fire department and the department of health and mental hygiene, shall be equipped with an operational carbon monoxide detecting device approved in accordance with the rules promulgated by the commissioner in consultation with the fire
department and the department of health and mental hygiene, provided that there shall be installed at least one approved and operational carbon monoxide detecting device within fifteen feet of each room lawfully used for sleeping purposes. Such carbon monoxide detecting device may be combined with a smoke detecting device that complies with the provisions of this title and any applicable rules promulgated there- under. b. In every building classified in occupancy group G or occupancy group H-2, at least one approved and operational carbon monoxide detect- ing device shall be installed in accordance with rules promulgated by the commissioner in consultation with the fire department and the department of health and mental hygiene. c. IN EVERY BUILDING CLASSIFIED IN OCCUPANCY GROUPS F-1, F-3 AND F-4, AT LEAST ONE APPROVED AND OPERATIONAL CARBON MONOXIDE DETECTING DEVICE SHALL BE INSTALLED IN ACCORDANCE WITH RULES PROMULGATED BY THE COMMIS- SIONER IN CONSULTATION WITH THE FIRE DEPARTMENT AND THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE. D. The provisions of this article shall apply retroactively to every building, in accordance with the provisions of subdivision a or subdivi- sion b of this section, irrespective of when such building was constructed or a certificate of occupancy for such building was issued. [d.] E. The provisions of this article may be enforced by the depart- ment, the fire department, the department of health and mental hygiene and the department of housing preservation and development. S 3. This act shall take effect on the sixtieth day after it shall have become a law.

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