S T A T E O F N E W Y O R K
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8217--A
2015-2016 Regular Sessions
I N A S S E M B L Y
June 11, 2015
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Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
tee on Cities -- recommitted to the Committee on Cities in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, social services law, multiple dwell-
ing law, and multiple residence law, in relation to requiring properly
installed and functioning smoke detecting systems for all residences
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 372-a
to read as follows:
S 372-A. PROPERLY INSTALLED AND FUNCTIONING SMOKE DETECTING SYSTEM. 1.
(A) SMOKE DETECTING SYSTEMS SHALL BE INSTALLED IN ALL RESIDENCES UPON
CONSTRUCTION AND SHALL MEET THE STANDARDS SET FORTH IN THE STATE FIRE
PREVENTION AND BUILDING CODE. CODE ENFORCEMENT PERSONNEL, DEFINED BY
SECTION THREE HUNDRED SEVENTY-SIX-A OF THIS ARTICLE, SHALL CONDUCT SMOKE
DETECTION SYSTEM INSPECTIONS WITHIN ONE YEAR AFTER CONSTRUCTION ON A NEW
RESIDENCE IS COMPLETE. SUCH INSPECTIONS SHALL NOT BE CONDUCTED UNLESS
THE RESIDENT PROVIDES CONSENT OR AN ADMINISTRATIVE WARRANT HAS BEEN
GRANTED. IF A RESIDENT PROVIDES CONSENT OR AN ADMINISTRATIVE WARRANT IS
GRANTED, THE CODE ENFORCEMENT PERSONNEL SHALL ENSURE THE SMOKE DETECTING
SYSTEM HAS BEEN INSTALLED CORRECTLY AND IS WORKING PROPERLY.
(B) SMOKE DETECTING SYSTEMS SHALL BE INSTALLED AND FUNCTIONING PROPER-
LY IN ALL RESIDENCES REQUIRED BY THIS SECTION WHENEVER A RESIDENCE IS
SOLD, TITLE OF THE RESIDENCE PROPERTY IS TRANSFERRED, OR CONSTRUCTION,
ALTERATION OR REPAIR WORK REQUIRES A PERMIT.
(C) ANY PERSON RECEIVING BENEFITS PURSUANT TO SECTION ONE HUNDRED
THIRTY-ONE-A OF THE SOCIAL SERVICES LAW SHALL RECEIVE A SMOKE DETECTING
SYSTEM FROM THE DEPARTMENT OF SOCIAL SERVICES OF SUCH MUNICIPALITY. SUCH
SYSTEMS SHALL BE FREE OF CHARGE TO SUCH PERSONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10655-05-6
A. 8217--A 2
(D) ANY STUDENT ATTENDING A PUBLIC SCHOOL DISTRICT SHALL RECEIVE A
SMOKE DETECTING SYSTEM FROM SUCH SCHOOL DISTRICT ON THE FIRST DAY OF
CLASSES OF THE SCHOOL YEAR. IF, HOWEVER, A STUDENT IS NOT PRESENT ON
SUCH DAY THEY SHALL RECEIVE A SMOKE DETECTING SYSTEM ON THE FIRST DAY OF
SCHOOL THEY ATTEND. SUCH SYSTEMS SHALL BE FREE OF CHARGE TO STUDENTS.
(E) ALL FIREHOUSES SHALL HAVE SMOKE DETECTING SYSTEMS AVAILABLE TO
DISTRIBUTE TO RESIDENTS WHEN REQUESTED. SUCH SYSTEMS SHALL BE FREE OF
CHARGE TO RESIDENTS.
(F) INSPECTIONS PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL BE
CONDUCTED EVERY TIME A RESIDENCE IS SOLD, RENTED OR SUBLEASED, AND SHALL
BE CONDUCTED ONE YEAR AFTER THE INSTALLATION OF SUCH SYSTEM.
2. (A) THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL, AS
DESCRIBED IN SECTION THREE HUNDRED SEVENTY-FOUR OF THIS ARTICLE, SHALL
SEND THE OWNER OF ALL RESIDENCES REQUIRED TO HAVE A SMOKE DETECTION
SYSTEM INSTALLED, AT MOST FOUR NOTICES PRIOR TO INSPECTION OF SUCH RESI-
DENCE.
(B) THE OWNER OF A RESIDENCE SHALL RESPOND TO SUCH NOTICE WITH CONSENT
OF INSPECTION OR DENIAL OF CONSENT REQUIRING CODE ENFORCEMENT TO RECEIVE
AN ADMINISTRATIVE WARRANT TO PROCEED WITH INSPECTION.
(C) IF AN OWNER OF A RESIDENCE DOES NOT RESPOND PURSUANT TO PARAGRAPH
(B) OF THIS SECTION, THEY WILL BE FINED NO MORE THAN ONE HUNDRED DOLLARS
BY THE COUNCIL AND WILL BE FURTHER PENALIZED PURSUANT TO SUBDIVISION
THREE OF THIS SECTION.
(D) FOLLOWING RECEIPT OF CONSENT OR AN ADMINISTRATIVE WARRANT BY AN
OWNER OF A RESIDENCE, THE FIRE DEPARTMENT WITHIN THE MUNICIPALITY OF
SUCH RESIDENCE WILL ENFORCE INSPECTIONS TO ENSURE SMOKE DETECTING
SYSTEMS ARE INSTALLED AND FUNCTIONING PROPERLY.
(E) INSPECTIONS PURSUANT TO THIS SECTION SHALL TAKE PLACE ONCE EVERY
THREE TO FIVE YEARS.
3. IF A SMOKE DETECTION SYSTEM IS FOUND TO BE NON-FUNCTIONING UPON
INSPECTION PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE OWNER WILL
BE FINED NO MORE THAN ONE HUNDRED DOLLARS BY THE COUNCIL, AND WILL BE
REQUIRED TO HAVE THE NON-FUNCTIONING SYSTEM REPAIRED OR REPLACED WITHIN
THIRTY DAYS FROM INSPECTION. CODE ENFORCEMENT MAY CONDUCT A FOLLOW UP
INSPECTION THIRTY DAYS FROM THE DATE OF THE ORIGINAL INSPECTION TO
ENSURE THE SMOKE DETECTION SYSTEM IS FUNCTIONING. THE COUNCIL MUST
RECEIVE CONSENT OR BE GRANTED AN ADMINISTRATIVE WARRANT FOR SUCH FOLLOW
UP INSPECTION BY CODE ENFORCEMENT. IF THE SYSTEM IS NOT FUNCTIONING AT
THE FOLLOW UP INSPECTION, THE OWNER MAY BE FINED NO MORE THAN THREE
HUNDRED DOLLARS BY THE COUNCIL. EACH SUBSEQUENT VIOLATION AFTER AN
INITIAL FINE MAY BE NO MORE THAN TWICE THE AMOUNT OF THE PREVIOUS FINE.
4. (A) SUBJECT TO AVAILABLE APPROPRIATION, THERE IS HEREBY ESTABLISHED
A SMOKE DETECTING SYSTEM GRANT PROGRAM, UNDER WHICH GRANTS SHALL BE MADE
AVAILABLE TO FIREHOUSES OF THE STATE FOR THE PURCHASE OF SMOKE DETECTING
SYSTEMS OR FOR THE REIMBURSEMENT TO SUCH FIREHOUSES FOR PUBLIC FUNDS
THAT THEY HAVE EXPENDED FOR THE PURCHASE OF SMOKE DETECTING SYSTEMS FOR
RESIDENTS. APPLICANTS FOR SUCH GRANTS SHALL ALSO INCLUDE PAROCHIAL
SCHOOLS FOR USE WITHIN THEIR SCHOOLS, PUBLIC SCHOOLS AND THE DEPARTMENT
OF SOCIAL SERVICES FOR THE PURCHASE OF SUCH SYSTEMS.
(B) THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS AS ARE
NECESSARY TO ADVANCE THE PURPOSES OF THIS SECTION. SUCH REGULATIONS
SHALL ESTABLISH, AMONG OTHER THINGS, THE AMOUNT TO BE REIMBURSED PER
SYSTEM AND AN EDUCATIONAL COMPONENT PROVIDED WITH SUCH SYSTEM INCLUDING
INFORMATION ON FIRE SAFETY, WHERE TO PLACE SMOKE DETECTING SYSTEMS WITH-
IN A RESIDENCE AND HOW OFTEN TO CHANGE A SMOKE DETECTING SYSTEM TO
ENSURE THEY ARE FUNCTIONING PROPERLY.
A. 8217--A 3
S 2. Paragraph (c) of subdivision 2 of section 20 of the social
services law, as amended by chapter 200 of the laws of 1946, is amended
and a new paragraph (d) is added to read as follows:
(c) distribute, reimburse and grant as herein provided the funds
appropriated by the legislature for such participation and also such
funds as may be received from the federal government for such purpose or
purposes[.];
(D) OVERSEE THE DISTRIBUTION OF SMOKE DETECTING SYSTEMS TO PERSONS
RECEIVING BENEFITS UNDER SECTION ONE HUNDRED THIRTY-ONE-A OF THIS CHAP-
TER.
S 3. Paragraph (a) of subdivision 2 and subdivision 7 of section 68 of
the multiple dwelling law, paragraph (a) of subdivision 2 as added by
chapter 683 of the laws of 1985 and subdivision 7 as amended by chapter
506 of the laws of 1988, are amended to read as follows:
(a) The owner of every multiple dwelling to which the provisions of
this section apply shall equip each apartment or other separate living
unit in such multiple dwelling with approved and operational smoke
detecting devices in conformity with the state fire prevention and
building code[; provided, however, that any multiple dwelling not
subject to the provisions of such code may, in the alternative, be
equipped with battery-operated smoke detecting devices of a type
accepted by the division of housing and community renewal], AND SECTION
THREE HUNDRED SEVENTY-TWO-A OF THE EXECUTIVE LAW.
[7. This section shall not apply within cities with a population of
one million or more, provided however, any local law in such cities
relating to smoke detecting devices shall provide for the installation
and maintenance of smoke detecting devices in dwelling accommodations
located in buildings owned as condominiums or cooperatives.]
S 4. Paragraph (a) of subdivision 2 of section 15 of the multiple
residence law, as added by chapter 683 of the laws of 1985, is amended
to read as follows:
(a) The owner of every multiple dwelling to which the provisions of
this section apply shall equip each apartment or other separate living
unit in such multiple dwelling with approved and operational smoke
detecting devices in conformity with the state fire prevention and
building code[; provided, however, that any multiple dwelling not
subject to the provisions of such code may, in the alternative, be
equipped with battery-operated smoke detecting devices of a type
accepted by the division of housing and community renewal], AND SECTION
THREE HUNDRED SEVENTY-TWO-A OF THE EXECUTIVE LAW.
S 5. This act shall take effect immediately; provided, however, the
state fire prevention and building code council is authorized to promul-
gate rules and regulations necessary for the implementation of the
provisions of this act.