BILL NUMBER:S2696A

TITLE OF BILL:

An act to amend the general business law, in relation to certain smoke
detecting devices

PURPOSE OR GENERAL IDEA OF BILL:

This legislation provides that battery operated smoke detectors within
homes have batteries that are non-replaceable, non-removable and will
power the device for a minimum of ten years.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 399-ccc sub-section 1 that makes it
unlawful for any person to distribute, sell, offer for sale, install
or import any smoke detecting device, which is battery operated and is
not powered by a battery that is non-replaceable, non-removable and
capable of powering the device for a minimum of ten years.

Sub-section 2 requires that the product packaging include the
manufacturer's name or registered trademark and model number and state
that the battery has a minimum life of 10 years.  Sub-section 3
provision of this section shall not apply to smoke detecting devices
which have been ordered by, or are in inventory of owners, managing
              

agents, contractors wholesalers or retailers on or before the
effective date. Also applies to devices which receive their power from
the electrical system of a building, fire alarm systems with smoke
detectors, fire alarm devices that connect to a panel or other devices
with low-power radio frequency wireless communication signal.

Section 2 is the effective date.

JUSTIFICATION:

New York State first required smoke alarms in homes in 1961 and as a
result fire deaths have since been cut in half. Smoke alarms that are
properly installed and maintained play a vital role in reducing fire
deaths and injuries. Yet the data clearly shows that most fire deaths
today happen in homes with no smoke alarms or no working alarms.

Rending a smoke alarm inoperable by tampering with the alarm, removing
its batteries or failing to change its batteries can result in deadly
consequences. In the Consumer Products Safety Commission's National
Smoke Detector Project, 32% of consumers disable their smoke alarm
when they experienced unwanted alarm activation from such sources as
cooking, steam, cigarettes, dust or low battery chirps. Long life,
tamper resistant smoke alarms go to the core of addressing disablement
and failed maintenance by consumers, and do so in a cost effective
way.  In recent years advancements have led to smoke alarms that today
prevent consumer tampering and that can power the alarm for a minimum
of ten years, as these alarms have become more available and
affordable, requiring the replacement of existing battery operated
smoke alarms with this more maintenance-free alarms will drive down
fire deaths and injuries.


PRIOR LEGISLATIVE HISTORY:

2014: S.7771 - Consumer Protection

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on January 1, 2017; provided however, that
effective immediately, all actions and procedures with respect to the
proposed adoption, amendment, suspension or repeal of any rule or
regulation necessary for the timely implementation of this act are
authorized to be made on or before such effective date.