Bill Text: NY A01121 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Relates to the sale of fire extinguishers.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Introduced - Dead) 2014-01-08 - referred to consumer affairs and protection [A01121 Detail]

Download: New_York-2013-A01121-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1121
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. KELLNER, WRIGHT, CAMARA, ROBERTS, MILLMAN, WEPRIN
         --  Multi-Sponsored  by  --  M.  of A. BOYLAND, BRENNAN, BROOK-KRASNY,
         CRESPO, McKEVITT, MONTESANO -- read once and referred to the Committee
         on Consumer Affairs and Protection
       AN ACT to amend the general business law, in relation  to  the  sale  of
         fire extinguishers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 391-j of the general  business  law,  as  added  by
    2  chapter 253 of the laws of 1987, is amended to read as follows:
    3    S  391-j.  Sale of fire extinguishers. 1. It shall be unlawful for any
    4  person, firm or corporation to sell or offer for sale fire extinguishers
    5  unless the fire extinguishers offered for sale:
    6    a. Meet the current National Fire Protection Association (NFPA) stand-
    7  ards for fire extinguishers of  the  model  offered  for  sale  and  are
    8  labelled  as  having  met  such standards; PROVIDED, HOWEVER, SHOULD NEW
    9  TECHNOLOGIES OR ALTERNATIVE ARRANGEMENTS BE DEVELOPED FOR PORTABLE  FIRE
   10  EXTINGUISHERS  NOT  IDENTIFIED  IN THE PERFORMANCE STANDARDS IN NFPA 10,
   11  SUCH FIRE EXTINGUISHERS SHALL NONETHELESS BE LAWFUL PROVIDED  THAT  THEY
   12  COMPLY  WITH  THE REMAINING PROVISIONS OF THIS SECTION AND ARE CERTIFIED
   13  BY A NATIONALLY ACCREDITED TESTING FACILITY;
   14    b. Have been tested  and  approved  by  the  Underwriters  Laboratory,
   15  INTERTEK,  Factory  Mutual  or  other  nationally accredited or accepted
   16  testing laboratory and are labelled as having been tested and approved;
   17    c. Have labelling securely affixed containing the  following  informa-
   18  tion:
   19    (1) Operating instructions.
   20    (2)  The  class or rating identifying kinds of fires which the partic-
   21  ular  extinguisher  is  suitable  to  use.  This  information  shall  be
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01890-01-3
       A. 1121                             2
    1  presented  by use of the appropriate letter rating and pictorial marking
    2  representations.
    3    d.  Are  accompanied  [with  an  instructional  manual  that  has]  BY
    4  INSTRUCTIONS HAVING information detailing operational  use,  basic  fire
    5  safety  information,  information  on  how  and where to have the extin-
    6  guisher serviced or recharged by  an  authorized  dealer  or  refer  the
    7  customer  to his local fire department and any information pertaining to
    8  checking the extinguisher's contents for operational use by the owner.
    9    2. A knowing violation of this section shall be punishable by a  civil
   10  penalty not to exceed five hundred dollars for a first violation and ten
   11  thousand dollars for each succeeding violation.
   12    S 2. This act shall take effect immediately.