senate Bill S2314

2009-2010 Legislative Session

Requires the installation of carbon monoxide detectors in school buildings

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to education
Feb 18, 2009 referred to education

S2314 - Bill Details

See Assembly Version of this Bill:
A1244
Current Committee:
Law Section:
Education Law

S2314 - Bill Texts

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BILL NUMBER: S2314

TITLE OF BILL :

An act to amend the education law, in relation to requiring the
installation of carbon monoxide detectors in school buildings


PURPOSE :

To protect the health and safety of elementary and secondary school
students by requiring installation of carbon monoxide detectors in all
school buildings where there is a substantial risk of exposure to
carbon monoxide.

SUMMARY OF PROVISIONS :

Bill § 1 adds a new §411 to the Education Law, requiring the
Commissioner of Education to adopt regulations requiring the
installation of operable carbon monoxide detectors in every elementary
and secondary school building within the state wherein the use of
heating or other equipment poses a substantial risk of exposure to
carbon monoxide. Such carbon monoxide detectors must meet the
manufacture, design and installation standards established by the
State Uniform Fire Prevention and Building Code Council pursuant to
Executive Law §378.

Bill §2 adds carbon monoxide detectors to the list of safety and
security devices that qualify for the special apportionment of school
building aid in Education Law §3602(6-c). The Commissioner is
authorized to annually prescribe a special maximum cost allowance for
carbon monoxide detectors.

Bill §3 provides that no school district shall be required to make
expenditures in its current fiscal year or in any subsequent fiscal
year of more than $100.00 per affected school building for carbon
monoxide detectors.

Bill §4 sets forth timelines for installation of detectors. All
covered buildings first occupied on or after January 31, 2010 shall
have detectors when occupied, and all other buildings shall have
detectors installed not later than January 31, 2012.

EXISTING LAW :

Although one and two-family homes are required to be equipped with
carbon monoxide detectors, school buildings are not currently subject
to any such requirement.

JUSTIFICATION :

Carbon monoxide is a colorless, odorless gas which can cause nausea,
headaches and dizziness. If it is allowed to build up in enclosed
spaces, it can be deadly. Carbon monoxide detectors represent an
inexpensive and effective way to protect against carbon monoxide
poisoning.

The Legislature recently recognized the value of these devices by
requiring their installation in one and two-family homes. However,
carbon monoxide detectors are not currently required in school
buildings. This bill calls on the Commissioner of Education to adopt
regulations requiring that detectors be installed in every elementary
and secondary school building in New York State where heating
equipment or other factors pose a substantial risk of exposure to
carbon monoxide.

School buildings first occupied on or after January 31, 2008 will have
to be so equipped when they open. Existing buildings have three years
after that date to come into compliance. Carbon monoxide detectors are
also added to the list of safety and security equipment for which a
special apportionment of school building aid is available. These
provisions will help to ensure that the buildings our students learn
in can be made safer without imposing any burdensome costs on school
districts.

LEGISLATIVE HISTORY :
2005-06, S.983; 2003-04, S.3563-B.

FISCAL IMPLICATIONS :

Minimal.

EFFECTIVE DATE :
January 31, 2010, and applicable to all school buildings first
occupied on or after that date. Buildings occupied prior to January
31, 2010 will have until 2012 to install carbon monoxide detectors.
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