senate Bill S4054

Amended

Relates to certain smoke detecting devices

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 06 / Mar / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 29 / Apr / 2013
    • 1ST REPORT CAL.446
  • 30 / Apr / 2013
    • 2ND REPORT CAL.
  • 01 / May / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION
  • 17 / Jan / 2014
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 17 / Jan / 2014
    • PRINT NUMBER 4054A
  • 10 / Mar / 2014
    • 1ST REPORT CAL.244
  • 11 / Mar / 2014
    • 2ND REPORT CAL.
  • 12 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 03 / Jun / 2014
    • RECOMMIT, ENACTING CLAUSE STRICKEN

Summary

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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A5200A
Versions:
S4054
S4054A
Legislative Cycle:
2013-2014
Law Section:
General Business Law
Laws Affected:
Add ยง399-ccc, Gen Bus L

Votes

7
0
7
Aye
0
Nay
4
aye with reservations
0
absent
0
excused
0
abstained
show Consumer Protection committee vote details

Sponsor Memo

BILL NUMBER:S4054

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.

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

                                  4054

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              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  to

 EXPLANATION--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.

Comments

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.