S T A T E O F N E W Y O R K
________________________________________________________________________
6676
I N S E N A T E
February 26, 2014
___________
Introduced by Sen. SERRANO -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
AN ACT to amend the executive law, in relation to requiring the New York
state uniform fire prevention and building code to address standards
for the installation of carbon monoxide detectors in buildings that
house one or more places of business; and to amend the administrative
code of the city of New York, in relation to requiring the installa-
tion of carbon monoxide detectors in restaurants and other commercial
buildings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 378 of the executive law is amended by adding a new
subdivision 5-d to read as follows:
5-D. STANDARDS FOR INSTALLATION OF CARBON MONOXIDE DETECTORS REQUIRING
THAT THE OWNER OF EVERY BUILDING THAT HOUSES ONE OR MORE PLACES OF BUSI-
NESS, INCLUDING BUT NOT LIMITED TO RESTAURANTS, OFFICES AND SHOPPING
AREAS IN THE STATE SHALL HAVE INSTALLED AN OPERABLE CARBON MONOXIDE
DETECTOR OF SUCH MANUFACTURE, DESIGN AND INSTALLATION STANDARDS AS ARE
ESTABLISHED BY THE COUNCIL. CARBON MONOXIDE DETECTORS REQUIRED BY THIS
SECTION ARE REQUIRED ONLY WHERE ONE OR MORE PLACES OF BUSINESS HAS
APPLIANCES, DEVICES OR SYSTEMS THAT MAY EMIT CARBON MONOXIDE OR HAS AN
ATTACHED GARAGE.
S 2. Section 27-981.2 of the administrative code of the city of New
York, as added by local law number 7 of the city of New York for the
year 2004, is amended to read as follows:
S 27-981.2 Carbon monoxide detecting devices; where required. a. Every
dwelling unit in a building within occupancy groups J-1, J-2 or J-3
where a fossil fuel-burning furnace or boiler is located, and every
dwelling unit in a building that is in close proximity to a source of
carbon monoxide, as such proximity is established by the rules promul-
gated by the commissioner in consultation with the fire department and
the department of health and mental hygiene, shall be equipped with an
operational carbon monoxide detecting device approved in accordance with
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14171-01-4
S. 6676 2
the rules promulgated by the commissioner in consultation with the fire
department and the department of health and mental hygiene, provided
that there shall be installed at least one approved and operational
carbon monoxide detecting device within fifteen feet of each room
lawfully used for sleeping purposes. Such carbon monoxide detecting
device may be combined with a smoke detecting device that complies with
the provisions of this title and any applicable rules promulgated there-
under.
b. In every building classified in occupancy group G or occupancy
group H-2, at least one approved and operational carbon monoxide detect-
ing device shall be installed in accordance with rules promulgated by
the commissioner in consultation with the fire department and the
department of health and mental hygiene.
c. IN EVERY BUILDING CLASSIFIED IN OCCUPANCY GROUPS C, D, E, F-1, F-3,
F-4 AND G, AT LEAST ONE APPROVED AND OPERATIONAL CARBON MONOXIDE DETECT-
ING DEVICE SHALL BE INSTALLED IN ACCORDANCE WITH RULES PROMULGATED BY
THE COMMISSIONER IN CONSULTATION WITH THE FIRE DEPARTMENT AND THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE.
D. The provisions of this article shall apply retroactively to every
building, in accordance with the provisions of subdivision a or subdivi-
sion b of this section, irrespective of when such building was
constructed or a certificate of occupancy for such building was issued.
[d.] E. The provisions of this article may be enforced by the depart-
ment, the fire department, the department of health and mental hygiene
and the department of housing preservation and development.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law.