senate Bill S3165

2011-2012 Legislative Session

Requires radiator covers for any habitable and occupiable rooms

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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 04, 2012 referred to cities
Feb 10, 2011 referred to cities

S3165 - Bill Details

Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Add ยง17-125, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S7442

S3165 - Bill Texts

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Requires radiator covers for dwelling units, when requested; imposes civil penalties for failure to abide with the provisions of the section.

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BILL NUMBER:S3165

TITLE OF BILL:
An act
to amend the administrative code of the city of New York,
in relation to requiring radiator covers when requested
for dwelling units

PURPOSE OR GENERAL IDEA OF BILL:
This bill would explicitly require landlords to provide covers for
radiators in habitable rooms.

SUMMARY OF SPECIFIC PROVISIONS:
The bill adds a new section 17-125 to the administrative code of the
city of New York.

JUSTIFICATION:
Bums from radiators and home heating devices can cause significant
injury and even morbidity to vulnerable populations such as children
and the elderly, according to studies conducted at burn centers
across the country.
These injuries and fatalities are easily preventable by covering and
insulating radiators and piping. The regenerative cell layer of the
skin is destroyed at temperatures greater than 113 degrees F.
Installing a cover or protective grill to enclose the radiator can
reduce the contact temperature of the radiator to 109-F. In 2002,
Aaron Rivera, a 3-year-old child from the Bronx, was badly burned
when he climbed on top of an uncovered radiator in his family's
apartment. His family had repeatedly requested that the landlord
install a cover over the radiator.
They filed a lawsuit, decided in 2006 by the New York State Court of
Appeals, which ruled that landlords are not required by law to
provide radiator covers.

Currently the law only requires landlords to insulate accessible
piping carrying steam, water, or other fluids at temperatures
exceeding 165 degrees Fahrenheit. This bill would require that in
addition to piping, radiators carrying fluids and steam of equally
dangerous temperature also be covered. Like the existing provisions
requiring landlords to install window guards and remove lead paint,
this legislation protects young children in the home by preventing
potentially fatal injury. This shall not be counted as a major
capital improvement.

PRIOR LEGISLATIVE HISTORY:
A.7308 of 2007-2008 - Referred to Cities
S.7442/A.3381- 2010 - Referred to Cities

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it becomes law.


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

                                  3165

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 10, 2011
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  requiring  radiator  covers  when requested for dwelling
  units

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

  Section  1. The administrative code of the city of New York is amended
by adding a new section 17-125 to read as follows:
  S 17-125 RADIATOR COVERS. A. THE OWNER, OR AGENT  WHO  IS  RESPONSIBLE
FOR  THE  LEASING OR MANAGEMENT OF A MULTIPLE DWELLING SHALL PROVIDE AND
INSTALL RADIATOR COVERS FOR ALL RADIATOR UNITS IN A DWELLING UNIT WITHIN
NINETY DAYS OF THE RECEIPT OF A WRITTEN  REQUEST  BY  A  TENANT  OF  THE
DWELLING UNIT.
  B.  ANY OWNER OR AGENT WHO VIOLATES THE PROVISIONS OF SUBDIVISION A OF
THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT  LESS  THAN  TEN
DOLLARS AND NO MORE THAN FIFTY DOLLARS FOR EACH DWELLING UNIT IN WHICH A
VIOLATION OCCURS BETWEEN JUNE FIRST AND SEPTEMBER THIRTIETH, AND A CIVIL
PENALTY  OF  NOT  LESS  THAN  TWENTY-FIVE  DOLLARS  AND NO MORE THAN ONE
HUNDRED TEN DOLLARS PER DAY FOR EACH DWELLING UNIT IN WHICH A  VIOLATION
OCCURS BETWEEN OCTOBER FIRST AND MAY THIRTY-FIRST.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08777-01-1

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