Bill Text: NY A08875 | 2013-2014 | General Assembly | Amended

New York Assembly Bill 8875 (Prior Session Legislation)

Bill Title: Requires the installation of carbon monoxide detectors in restaurants and other commercial buildings in NYC.

Spectrum: Moderate Partisan Bill (Democrat 23-6)

Status: (Passed) 2014-12-29 - signed chap.540 [A08875 Detail]

Download: New_York-2013-A08875-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8875--C
                                 I N  A S S E M B L Y
                                   February 25, 2014
                                      ___________
       Introduced  by  M.  of  A. PERRY, LUPINACCI, SCHIMEL, ZEBROWSKI, JAFFEE,
         AUBRY, CRESPO, SCARBOROUGH, COOK, RYAN, McDONOUGH, RAIA, GRAF, HIKIND,
         KEARNS, GOTTFRIED, HOOPER, MONTESANO, COLTON, GALEF,  OTIS  --  Multi-
         Sponsored  by  -- M. of A. MARKEY, MAYER, McLAUGHLIN, RIVERA, SIMANOW-
         ITZ, THIELE, TITONE, WEISENBERG --  read  once  and  referred  to  the
         Committee  on  Governmental  Operations  -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee  --  again  reported  from said committee with amendments, ordered
         reprinted as amended  and  recommitted  to  said  committee  --  again
         reported  from  said  committee  with amendments, ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the administrative code of the  city  of  New  York,  in
         relation  to  requiring  the  installation  and  maintenance 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:
    1    Section 1.  Section 27-981.2 of the administrative code of the city of
    2  New York, as added by local law number 7 of the city of New York for the
    3  year 2004, is amended to read as follows:
    4    S 27-981.2 Carbon monoxide detecting devices; where required. a. Every
    5  dwelling  unit  in  a  building  within occupancy groups J-1, J-2 or J-3
    6  where a fossil fuel-burning furnace or  boiler  is  located,  and  every
    7  dwelling  unit  in  a building that is in close proximity to a source of
    8  carbon monoxide, as such proximity is established by the  rules  promul-
    9  gated  by  the commissioner in consultation with the fire department and
   10  the department of health and mental hygiene, shall be equipped  with  an
   11  operational carbon monoxide detecting device approved in accordance with
   12  the  rules promulgated by the commissioner in consultation with the fire
   13  department and the department of health  and  mental  hygiene,  provided
   14  that  there  shall  be  installed  at least one approved and operational
   15  carbon monoxide detecting  device  within  fifteen  feet  of  each  room
   16  lawfully  used  for  sleeping  purposes.  Such carbon monoxide detecting
   17  device may be combined with a smoke detecting device that complies  with
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14147-04-4
       A. 8875--C                          2
    1  the provisions of this title and any applicable rules promulgated there-
    2  under.
    3    b.  In  every  building  classified  in occupancy group G or occupancy
    4  group H-2, at least one approved and operational carbon monoxide detect-
    5  ing device shall be installed in accordance with  rules  promulgated  by
    6  the  commissioner  in  consultation  with  the  fire  department and the
    7  department of health and mental hygiene.
    8    c. IN EVERY BUILDING CLASSIFIED IN OCCUPANCY GROUPS F-1, F-3 AND  F-4,
    9  AT  LEAST  ONE APPROVED AND OPERATIONAL CARBON MONOXIDE DETECTING DEVICE
   10  SHALL BE INSTALLED AND MAINTAINED IN ACCORDANCE WITH  RULES  PROMULGATED
   11  BY  THE  COMMISSIONER  IN  CONSULTATION WITH THE FIRE DEPARTMENT AND THE
   12  DEPARTMENT OF HEALTH AND MENTAL HYGIENE.
   13    D. The provisions of this article shall apply retroactively  to  every
   14  building, in accordance with the provisions of subdivision a or subdivi-
   15  sion  b  of  this  section,  irrespective  of  when  such  building  was
   16  constructed or a certificate of occupancy for such building was issued.
   17    [d.] E. The provisions of this article may be enforced by the  depart-
   18  ment,  the  fire department, the department of health and mental hygiene
   19  and the department of housing preservation and development.
   20    S 2. This act shall take effect on the one hundred eightieth day after
   21  it shall have become a law.