NY State Senate Bill 2009-S278

Senate Bill S278

2009-2010 Legislative Session

Requires the state uniform fire prevention and building code to include standards requiring the installation of an operable carbon monoxide detector in restaurants

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to housing, construction and community development
Jan 07, 2009	referred to housing, construction and community development

2009-S278 (ACTIVE) - Details

See Assembly Version of this Bill:: A6311
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Amd §378, Exec L
Versions Introduced in 2011-2012 Legislative Session:: A5887

2009-S278 (ACTIVE) - Summary

Requires the state uniform fire prevention and building code to include standards requiring the installation of an operable carbon monoxide detector in restaurants constructed or sold after December 1, 2009.

2009-S278 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S278

 TITLE OF BILL :
An act to amend the executive law, in relation to the state uniform
fire prevention and building code standards for the installation of
carbon monoxide detectors in restaurants


 PURPOSE :
To require the installation of carbon monoxide detectors in
restaurants that have appliances, devices or systems that may emit
carbon monoxide.

 SUMMARY OF PROVISIONS :
Section one - amends subdivision 5-a of section 378 of the executive
law to add restaurants to the list of places where carbon monoxide
detectors are required.

Section two - contains the effective date.

 EXISTING LAW :
Subdivision 5-a of section 378 of the executive law requires carbon
monoxide detectors in every one or two-family dwelling constructed or
offered for sale after July 13, 2002, any dwelling accommodation
located in a condominium or cooperative, or any multiple dwellings
constructed or offered for sale after August 9, 2005 where the

dwelling unit has appliances, devices or systems that may emit carbon
monoxide or has an attached garage.

 JUSTIFICATION :
On November 17, 2007 more than 47 customers and staff at the Log Jam
Restaurant in Queensbury, New York were overcome with carbon monoxide
poisoning as a result of a malfunctioning appliance.  The emergency
personnel on scene reported readings as high as 5,000 parts per
million in the dining room. This unfortunate event could have been
avoided had the restaurant installed carbon monoxide detectors. The
Log Jam has since installed carbon monoxide detectors in their
restaurant in order to protect their patrons and staff.

Carbon monoxide is a colorless, odorless gas that can be fatal if
undetected. It is the product of the incomplete combustion of solid,
liquid and gaseous fuel and carbon monoxide is most often referred to
as the "silent killer".

Carbon monoxide detectors are presently required in every one or
two-family dwelling constructed or offered for sale after July 13,
2002, any dwelling accommodation located in a condominium or
cooperative, or any multiple dwellings constructed or offered for sale
after August 9, 2005 where the dwelling unit has appliances, devices
or systems that may emit carbon monoxide such as natural gas, oil,
propane, coal, kerosene, butane, wood, and gasoline. It also applies
to dwellings with an attached garage. It only makes sense to add
restaurants to this list.

Furthermore, carbon monoxide detectors are relatively inexpensive and
would not present any undue financial hardship to restaurants.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :
2008:  S.7725 Housing Construction and Community Development
Committee; A.10987 T. Gordon, Governmental Operations

 EFFECTIVE DATE :
This act shall take effect on immediately and shall apply to any
restaurant constructed or offered for sale after December 1, 2009.

2009-S278 (ACTIVE) - Bill Text download pdf

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

                                   278

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- 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 the state uniform fire
  prevention  and building code standards for the installation of carbon
  monoxide detectors in restaurants

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

  Section  1.  Subdivision  5-a  of section 378 of the executive law, as
amended by chapter 202 of the laws  of  2006,  is  amended  to  read  as
follows:
  5-a.  A.  Standards  for  installation  of  carbon  monoxide detectors
requiring that every one or two-family dwelling constructed  or  offered
for  sale  after July thirtieth, two thousand two, any dwelling accommo-
dation located in a building owned as a condominium  or  cooperative  in
the  state  constructed  or  offered  for sale after July thirtieth, two
thousand two, [or] any multiple dwellings  constructed  or  offered  for
sale   after   August  ninth,  two  thousand  five,  OR  ANY  RESTAURANT
CONSTRUCTED OR OFFERED FOR SALE AFTER DECEMBER FIRST, TWO THOUSAND  NINE
shall  have installed an operable carbon monoxide detector of such manu-
facture, design and installation standards as  are  established  by  the
council.  Carbon  monoxide detectors required by this [section] SUBDIVI-
SION are required only where the dwelling unit OR RESTAURANT has  appli-
ances,  devices  or  systems  that  may  emit  carbon monoxide or has an
attached garage.
  B. (I) For purposes of this subdivision, [multiple dwelling] "MULTIPLE
DWELLING" means a dwelling which is either rented, leased, let or  hired
out,  to  be  occupied[,]  or  is occupied as the temporary or permanent
residence or home of three or more families living independently of each
other, including but not limited to  the  following:  a  tenement,  flat

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

                                                           LBD00971-01-9

S. 278                              2

house,  maisonette  apartment, apartment house, apartment hotel, tourist
house, bachelor apartment, studio apartment, duplex apartment,  kitchen-
ette  apartment,  hotel,  lodging  house, rooming house, boarding house,
boarding and nursery school, furnished room house, club, sorority house,
fraternity  house,  college  and school dormitory, convalescent, AND old
age or nursing homes or residences. It shall also  include  a  dwelling,
two  or  more stories in height, and with five or more boarders, roomers
or lodgers residing with any one family.
  (II) For the purposes of this  [section]  SUBDIVISION,  [sale]  "SALE"
shall mean the transfer of ownership of a business or property, provided
however,  transfer  of  franchises  shall  not  be deemed a sale.   [New
construction]
  (III) FOR THE PURPOSES OF THIS SUBDIVISION, "NEW  CONSTRUCTION"  shall
mean  a new facility or a separate building added to an existing facili-
ty.
  S 2. This act shall take effect immediately.

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