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A05730 Summary:

A05730 Actions:

A05730 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:McDonald      
DATE:04/09/2024AYE/NAY:13/0  Action: Favorable         
McDonald
Aye
Durso
Aye
Glick
Aye
Goodell
Aye
Kim
Aye
Beephan
Aye
Bichotte Hermel
Excused
Slater
Aye
Hyndman
Aye
Williams
Aye
Wallace
Aye
Raga
Aye
Simone
Aye
Shimsky
Aye

A05730 Floor Votes:

A05730 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5730--B
                                                                Cal. No. 407
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 23, 2023
                                       ___________
 
        Introduced by M. of A. ZACCARO, SHIMSKY, GONZALEZ-ROJAS, SEPTIMO, AUBRY,
          RAGA,  CRUZ,  MAMDANI,  DE LOS SANTOS,  SILLITTI,  NOVAKHOV,  BEEPHAN,
          DeSTEFANO, K. BROWN, ZINERMAN, GIBBS -- read once and referred to  the
          Committee  on  Governmental Operations -- recommitted to the Committee
          on Governmental Operations in accordance with Assembly Rule 3, sec.  2
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee -- reported from committee, advanced
          to a third reading, amended and ordered reprinted, retaining its place
          on the order of third reading
 
        AN ACT to amend the executive law, in relation to requiring the  instal-
          lation of smoke detectors in common places of certain dwellings
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 5-b of section 378 of  the  executive  law,  as
     2  amended by chapter 96 of the laws of 1988 and such subdivision as renum-
     3  bered by chapter 94 of the laws of 2006, paragraphs a and d as separate-
     4  ly  amended  by chapters 96 and 506 of the laws of 1988, and paragraph b
     5  as amended by chapter 82 of the laws of 1989,  is  amended  to  read  as
     6  follows:
     7    5-b.  Standards  for  installation  of  single station smoke detecting
     8  alarm devices requiring that:
     9    a. every one or two-family  dwelling  or  any  dwelling  accommodation
    10  located in a building owned as a condominium or cooperative in the state
    11  used  as  a  residence  shall  have installed an operable single station
    12  smoke detecting alarm device or devices,
    13    b. such device or devices shall be installed in an area so that it  is
    14  clearly  audible  in  each  bedroom  or  other  room  used  for sleeping
    15  purposes, with intervening doors closed, in accordance with rules to  be
    16  promulgated by the council,
    17    c.  every  multiple-family  dwelling,  except  for a property owned or
    18  operated by a public housing authority subject  to  federal  safety  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08131-06-4
        A. 5730--B                          2
 
     1  inspection standards pursuant to title twenty-four of the code of feder-
     2  al  regulations,  and every dwelling accommodation located in a building
     3  owned as a condominium or cooperative in the state used as a  residence,
     4  shall  have  installed  an operable single station smoke detecting alarm
     5  device or devices in an area so that  it  is  clearly  audible  in  each
     6  common  space, with rules to be promulgated by the council. For purposes
     7  of this subdivision, common space means a space accessible by all  resi-
     8  dents,  including,  but not limited to, a lobby, a hallway, and a stair-
     9  well,
    10    d. such device or devices shall be  in  compliance  with  the  uniform
    11  code,  provided, however, that for purposes of this subdivision, battery
    12  operated devices shall be permitted,
    13    [d.] e. upon conveyance of any real property containing a one or  two-
    14  family  dwelling  or  a  condominium  unit  used  as a residence and the
    15  transferor of the shares allocated to an apartment located in a building
    16  owned by a cooperative housing corporation where such apartment is  used
    17  as  a residence, the grantor shall deliver to the grantee at the time of
    18  conveyance an affidavit indicating that the  grantor  is  in  compliance
    19  with  this subdivision. The grantee shall have ten days from the date of
    20  conveyance within which to notify the grantor if the alarm or alarms are
    21  not operable. Upon notification, the transferor shall bear any  cost  of
    22  compliance with the provisions of this subdivision,
    23    [e.]  f.  notwithstanding  any  other  provision  of law, a failure to
    24  comply with the provisions of this subdivision shall not be a breach  of
    25  any warranty in a conveyance of real property, nor shall it be a defense
    26  to any claim made under a policy of insurance issued to insure the prop-
    27  erty against fire or other casualty loss.
    28    § 2. This act shall take effect immediately.