senate Bill S4054A

Relates to certain smoke detecting devices

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Sponsor

Bill Status


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

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Bill Details

Versions:
S4054
S4054A
Legislative Cycle:
2013-2014
Law Section:
General Business Law
Laws Affected:
Add ยง399-ccc, Gen Bus L

Votes

9
0
9
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Consumer Protection committee vote details

Sponsor Memo

BILL NUMBER:S4054A

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 is the next great
concern with preventable fire deaths. 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 for
a 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.

Ten year smoke detectors are powered by Lithium batteries. They cost
on average $18-$20 and are available from all three major
manufacturers of smoke alarms in New York State. This bill would
rectify the largest contributing factor of preventable home fire
deaths; Dead or missing batteries.


On average, a standard battery powered smoke alarm costs $12 while a
ten-year battery alarm costs $18-20. However, with the cost of
replacement batteries needed (a $3.00 battery twice a year) over the
course of 10 years the cost becomes $72. The ten year smoke alarm pays
for itself in 2 years because there are no batteries that need to be
replaced and since it is recommended that all smoke alarms be replaced
after ten years, consumers who purchase ten year smoke alarms will
actually save considerable money.

Currently 5 states, and several municipalities require ten year
batteries in smoke detectors; California, Maryland, Louisiana,
Michigan, North Carolina, Philadelphia, PA, Milwaukee and Madison, WI.

According to data collected from the National Fire Protection
Association, in one-quarter (24%) of the home fire deaths, smoke
alarms were present but did not sound. In reported home fires in which
the smoke alarms were present but did not operate, 73% of the smoke
alarms had missing, disconnected or dead batteries.

The National Association of State Fire Marshals even recently even
amended their Smoke Alarm Guidance Document advising that
battery-operated smoke alarms be powered by 10-year batteries.

Much like the original legislation requiring smoke alarms in homes in
New York, this legislation is meant to save lives by addressing
preventable fire deaths. Fire officials across the country agree that
in too many of the house fires where fatalities occur, they find smoke
alarms that don't work because of dead or missing batteries.
Providing a smoke alarm that cannot be tampered with and will last for
ten years is the next step in stopping preventable fire death.

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, 2016,
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--A

                       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  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01778-05-4

S. 4054--A                          2

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, 2016; provided however,
that effective immediately, all actions and procedures with  respect  to
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.

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