S T A T E O F N E W Y O R K
________________________________________________________________________
2790
2009-2010 Regular Sessions
I N S E N A T E
March 3, 2009
___________
Introduced by Sen. STACHOWSKI -- 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 requiring every
certain family dwellings and dwelling accommodations to have carbon
monoxide detectors
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5-a of section 378 of the executive law, as
amended by chapter 202 of the laws of 2006, is amended to read as
follows:
5-a. Standards for installation of carbon monoxide detectors requiring
that every one or two-family dwelling [constructed or offered for sale
after July thirtieth, two thousand two], OR any dwelling accommodation
located in a building owned as a condominium or cooperative in the state
[constructed or offered for sale after July thirtieth, two thousand two,
or any multiple dwellings constructed or offered for sale after August
ninth, two thousand five] shall have installed an operable carbon monox-
ide detector of such manufacture, design and installation standards as
are established by the council. Carbon monoxide detectors required by
this section are required only where the dwelling unit has appliances,
devices or systems that may emit carbon monoxide or has an attached
garage. For purposes of this subdivision, multiple dwelling means a
dwelling which is either rented, leased, let or hired out, to be occu-
pied, or is occupied as the temporary or permanent residence or home of
three or more families living independently of each other, including but
not limited to the following: a tenement, flat house, maisonette apart-
ment, apartment house, apartment hotel, tourist house, bachelor apart-
ment, studio apartment, duplex apartment, kitchenette apartment, hotel,
lodging house, rooming house, boarding house, boarding and nursery
school, furnished room house, club, sorority house, fraternity house,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07712-02-9
S. 2790 2
college and school dormitory, convalescent, old age or nursing homes or
residences. It shall also include a dwelling, two or more stories in
height, and with five or more boarders, roomers or lodgers residing with
any one family. [For the purposes of this section, sale shall mean the
transfer of ownership of a business or property, provided however,
transfer of franchises shall not be deemed a sale.] New construction
shall mean a new facility or a separate building added to an existing
facility.
S 2. This act shall take effect on the three hundred sixty-fifth day
after it shall have become a law.