S T A T E   O F   N E W   Y O R K
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                                  8358

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 15, 2009
                               ___________

Introduced by M. of A. FIELDS -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to certain hotels,
  motels and motor courts with balconies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and intent.  The legislature finds and
declares that public  lodging  accommodations  with  rental  units  that
include  balconies  with  railings containing balusters spaced more than
four inches apart pose a threat to the safety  of  young  children.  The
legislature  further  finds  that  parents  of  young children occupying
rental units with such balconies should be made aware of  the  potential
danger such balconies may pose to young children.
  Therefore, it is the intent of the legislature to require hotel, motel
and  motor  court  operators with balconies that do not meet the current
requirements set forth in the New York state uniform fire prevention and
building code or building code of the city of New York,  if  applicable,
to  post  a  notice  in informing lodgers of such condition. This legis-
lation shall not be construed to mean that hotel, motel or  motor  court
buildings  lawfully  grandfathered  under the laws creating the New York
state uniform fire prevention and building code and building code of the
city of New York are in any way out of compliance with such codes.
  S 2. This act shall be known and may be cited as "Sammy's law".
  S 3. The general business law is amended by adding a new section 204-b
to read as follows:
  S 204-B. HOTELS WITH BALCONIES; REQUIREMENTS. 1. FOR  THE  PURPOSE  OF
THIS SECTION:
  (A)  "COVERED  RENTAL  UNIT" SHALL MEAN ANY ROOM OFFERED TO THE PUBLIC
FOR LODGING ACCOMMODATION THAT INCLUDES A BALCONY, SOLELY ACCESSIBLE  BY
THE OCCUPANT OR OCCUPANTS OF SUCH ROOM, THAT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10605-01-9

              

A. 8358                             2

  (I) WAS BUILT BEFORE THE CURRENT VERSION OF THE NEW YORK STATE UNIFORM
FIRE  PREVENTION AND BUILDING CODE, OR THE BUILDING  CODE OF THE CITY OF
NEW YORK, IF APPLICABLE, BECAME EFFECTIVE;
  (II)  CONTAINS BALUSTERS OR ORNAMENTAL PATTERNS SITUATED IN SUCH A WAY
THAT SUCH BALCONY DOES NOT MEET THE CURRENT REQUIREMENTS FOR OPEN GUARDS
CONTAINED IN THE NEW YORK STATE UNIFORM  FIRE  PREVENTION  AND  BUILDING
CODE, OR THE BUILDING CODE OF THE CITY OF NEW YORK, IF APPLICABLE.
  (B)  "NEW  YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE" MEANS
THE UNIFORM FIRE PREVENTION AND BUILDING CODE PROMULGATED UNDER  SECTION
THREE HUNDRED SEVENTY-SEVEN OF THE EXECUTIVE LAW.
  (C)  "BUILDING  CODE  OF THE CITY OF NEW YORK" SHALL MEAN THE BUILDING
CODE OF THE CITY OF NEW YORK AS DEFINED IN TITLES TWENTY-SEVEN AND TWEN-
TY-EIGHT OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  2. EVERY  PERSON,  FIRM,  CORPORATION  OR  LIMITED  LIABILITY  COMPANY
ENGAGED  IN  THE BUSINESS OF FURNISHING PUBLIC LODGING ACCOMMODATIONS IN
HOTELS, MOTELS OR MOTOR COURTS WITH COVERED RENTAL UNITS SHALL  POST  IN
ALL  COVERED RENTAL UNITS THE FOLLOWING NOTICE, OR A SUBSTANTIALLY SIMI-
LAR NOTICE, IN A CONSPICUOUS LOCATION AT EYE LEVEL ON THE DOOR  USED  TO
ACCESS  THE BALCONY FROM THE UNIT IN SUCH A MANNER THAT A PERSON EXITING
THE UNIT THROUGH THE DOOR IS MOST LIKELY  TO  SEE  SUCH  NOTICE.    SUCH
NOTICE SHALL STATE:
  "WARNING:  THE  POTENTIAL  EXISTS  FOR  YOUNG CHILDREN TO SLIP THROUGH
SPACES BETWEEN THE BALUSTERS OR ORNAMENTAL PATTERNS OF THIS BALCONY."
  SUCH NOTICE SHALL BE PRINTED IN NO LESS THAN FORTY POINT TYPE,  EXCEPT
THAT  THE  WORD "WARNING" SHALL BE PRINTED IN AT LEAST SEVENTY-TWO POINT
TYPE. SUCH NOTICE SHALL BE PRINTED IN ENGLISH AND  IN  THE  SECOND  MOST
POPULAR  LANGUAGE  SPOKEN BY RESIDENTS IN THE COUNTY IN WHICH THE PUBLIC
LODGING ACCOMMODATION IS LOCATED.
  3. THE DEPARTMENT OF STATE SHALL PROMULGATE SUCH RULES AND REGULATIONS
AS ARE DEEMED NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION,  AND
SHALL PROVIDE WRITTEN NOTIFICATION OF THE PROVISIONS OF THIS SECTION TO:
  (A)  EVERY  PERSON,  FIRM,  CORPORATION  OR  LIMITED LIABILITY COMPANY
ENGAGED IN THE BUSINESS OF FURNISHING PUBLIC LODGING  ACCOMMODATIONS  IN
HOTELS, MOTELS OR MOTOR COURTS LOCATED IN THE STATE; AND
  (B)  THE CHIEF PRESIDING OFFICER OF A STATEWIDE ASSOCIATION REPRESENT-
ING THE INTERESTS OF BUILDING CODE ENFORCEMENT OFFICIALS.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.