S T A T E O F N E W Y O R K
________________________________________________________________________
6311
2009-2010 Regular Sessions
I N A S S E M B L Y
March 2, 2009
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Introduced by M. of A. GORDON, SAYWARD, JAFFEE, CAMARA, SCARBOROUGH,
SCHIMEL -- Multi-Sponsored by -- M. of A. ALFANO, BRADLEY, CALHOUN,
CROUCH, DUPREY, ERRIGO, FINCH, GLICK, GREENE, HOOPER, JEFFRIES,
MAISEL, MARKEY, McENENY, McKEVITT, MILLMAN, PEOPLES, PHEFFER, ROSEN-
THAL, SWEENEY, TOWNSEND, WEISENBERG -- read once and referred to the
Committee on Governmental Operations
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00971-01-9
A. 6311 2
residence or home of three or more families living independently of each
other, including but not limited to the following: a tenement, flat
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.