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
To require the installation of carbon monoxide detectors in
restaurants that have appliances, devices or systems that may emit
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.
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 :
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.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.