Senate Bill S4610A

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

                                 4610--A
    Cal. No. 945

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 15, 2013
                               ___________

Introduced by Sens. YOUNG, DeFRANCISCO, ZELDIN -- 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 -- reported favorably from  said
  committee and committed to the Committee on Finance -- reported favor-
  ably  from said committee, ordered to first and second report, ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

AN ACT to amend the general business  law  and  the  executive  law,  in
  relation  to automatic sprinkler system requirements for one- and two-
  family dwellings; and providing for the repeal of such provisions upon
  certain conditions

  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 article
35-F to read as follows:
                               ARTICLE 35-F
                       FIRE SPRINKLER INFORMATION
SECTION 759.   DEFINITIONS.
        759-A. DISCLOSURE  OF  AUTOMATIC  FIRE SPRINKLER SYSTEM INFORMA-
                 TION.
  S 759. DEFINITIONS. WHEN USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "BUILDER" MEANS ANY PERSON, CORPORATION, PARTNERSHIP OR OTHER ENTI-
TY CONTRACTING WITH AN OWNER FOR THE CONSTRUCTION OF A ONE- OR TWO-FAMI-
LY RESIDENTIAL DWELLING HAVING LESS THAN THREE STORIES.
  2.  "BUYER"  MEANS  ANY  PERSON  OR PERSONS WHO HAVE CONTRACTED OR WHO
INTEND TO CONTRACT WITH A BUILDER FOR THE  CONSTRUCTION  OF  A  ONE-  OR
TWO-FAMILY RESIDENTIAL DWELLING HAVING LESS THAN THREE STORIES.
  S  759-A. DISCLOSURE OF AUTOMATIC FIRE SPRINKLER SYSTEM INFORMATION. A
BUILDER OF A ONE- OR TWO-FAMILY RESIDENTIAL DWELLING  HAVING  LESS  THAN

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

                                                           LBD09422-06-4

S. 4610--A                          2

THREE  STORIES,  PRIOR  TO  ENTERING INTO A CONTRACT FOR CONSTRUCTION OF
SUCH DWELLING WITH A BUYER, SHALL PROVIDE THE BUYER WITH A COPY OF WRIT-
TEN MATERIALS PREPARED BY THE OFFICE  OF  FIRE  PREVENTION  AND  CONTROL
PURSUANT  TO  SUBDIVISION TWENTY-ONE OF SECTION ONE HUNDRED FIFTY-SIX OF
THE EXECUTIVE LAW, WHICH DETAILS THE BENEFITS OF  AND  INCLUDES  FACTORS
THAT  CAN  AFFECT THE COSTS ASSOCIATED WITH THE INSTALLATION AND MAINTE-
NANCE OF AN AUTOMATIC FIRE SPRINKLER SYSTEM.  UPON REQUEST OF THE BUYER,
THE BUILDER SHALL, AT THE BUYER'S EXPENSE,  INSTALL  AN  AUTOMATIC  FIRE
SPRINKLER  SYSTEM IN SUCH ONE- OR TWO-FAMILY RESIDENTIAL DWELLING HAVING
LESS THAN THREE STORIES.
  S 2. Section 156 of the executive law  is  amended  by  adding  a  new
subdivision 21 to read as follows:
  21.  PROVIDE  WRITTEN MATERIALS TO CONSUMERS AND BUILDERS WHICH DETAIL
THE BENEFITS OF AND INCLUDE THE FACTORS THAT CAN AFFECT COSTS ASSOCIATED
WITH THE INSTALLATION AND MAINTENANCE OF  AN  AUTOMATIC  FIRE  SPRINKLER
SYSTEM FOR A ONE- OR TWO-FAMILY RESIDENTIAL DWELLING.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall  have  become a law; provided that, effective immediately, the
office of fire prevention and control  is  authorized  and  directed  to
prepare  the  materials required by subdivision 21 of section 156 of the
executive law, as added by section two of this act, on  or  before  such
effective date; and provided, further, that this act shall expire and be
deemed  repealed  upon  the effective date of provisions of the New York
state uniform fire prevention and building code which are equivalent  to
the terms of section 313.2 (relating to automatic fire sprinkler systems
in  one-  or  two-family  dwellings under three stories) of the Interna-
tional Residential Code (2009 edition) or any successor reversions ther-
eof requiring fire sprinklers for one-  or  two-family  dwellings  under
three  stories;  provided that the state fire administrator shall notify
the legislative bill drafting  commission  upon  the  adoption  of  such
provisions  of  the  New York state uniform fire prevention and building
code in order that the commission may maintain an  accurate  and  timely
effective data base of the official text of the laws of the state of New
York  in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law.