Requires the state uniform fire prevention and building code to include standards requiring the installation of an operable carbon monoxide detector in restaurants constructed or sold after December 1, 2009.
STATE OF NEW YORK
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278
2009-2010 Regular Sessions
IN SENATE(Prefiled)
January 7, 2009
___________
Introduced by Sen. LITTLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
AN ACT to amend the executive law, in relation to the state uniform fire
prevention and building code standards for the installation of carbon
monoxide detectors in restaurants
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 5-a of section 378 of the executive law, as
2 amended by chapter 202 of the laws of 2006, is amended to read as
3 follows:
4 5-a. a. Standards for installation of carbon monoxide detectors
5 requiring that every one or two-family dwelling constructed or offered
6 for sale after July thirtieth, two thousand two, any dwelling accommo-
7 dation located in a building owned as a condominium or cooperative in
8 the state constructed or offered for sale after July thirtieth, two
9 thousand two, [or] any multiple dwellings constructed or offered for
10 sale after August ninth, two thousand five, or any restaurant
11 constructed or offered for sale after December first, two thousand nine
12 shall have installed an operable carbon monoxide detector of such manu-
13 facture, design and installation standards as are established by the
14 council. Carbon monoxide detectors required by this [section] subdivi-
15 sion are required only where the dwelling unit or restaurant has appli-
16 ances, devices or systems that may emit carbon monoxide or has an
17 attached garage.
18 b. (i) For purposes of this subdivision, [multiple dwelling] "multiple
19 dwelling" means a dwelling which is either rented, leased, let or hired
20 out, to be occupied[,] or is occupied as the temporary or permanent
21 residence or home of three or more families living independently of each
22 other, including but not limited to the following: a tenement, flat
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00971-01-9
S. 278 2
1 house, maisonette apartment, apartment house, apartment hotel, tourist
2 house, bachelor apartment, studio apartment, duplex apartment, kitchen-
3 ette apartment, hotel, lodging house, rooming house, boarding house,
4 boarding and nursery school, furnished room house, club, sorority house,
5 fraternity house, college and school dormitory, convalescent, and old
6 age or nursing homes or residences. It shall also include a dwelling,
7 two or more stories in height, and with five or more boarders, roomers
8 or lodgers residing with any one family.
9 (ii) For the purposes of this [section] subdivision, [sale] "sale"
10 shall mean the transfer of ownership of a business or property, provided
11 however, transfer of franchises shall not be deemed a sale. [New
12 construction]
13 (iii) For the purposes of this subdivision, "new construction" shall
14 mean a new facility or a separate building added to an existing facili-
15 ty.
16 § 2. This act shall take effect immediately.
