BILL NUMBER:S3165

TITLE OF BILL:
An act
to amend the administrative code of the city of New York,
in relation to requiring radiator covers when requested
for dwelling units

PURPOSE OR GENERAL IDEA OF BILL:
This bill would explicitly require landlords to provide covers for
radiators in habitable rooms.

SUMMARY OF SPECIFIC PROVISIONS:
The bill adds a new section 17-125 to the administrative code of the
city of New York.

JUSTIFICATION:
Bums from radiators and home heating devices can cause significant
injury and even morbidity to vulnerable populations such as children
and the elderly, according to studies conducted at burn centers
across the country.
These injuries and fatalities are easily preventable by covering and
insulating radiators and piping. The regenerative cell layer of the
skin is destroyed at temperatures greater than 113 degrees F.
Installing a cover or protective grill to enclose the radiator can
reduce the contact temperature of the radiator to 109-F. In 2002,
              

Aaron Rivera, a 3-year-old child from the Bronx, was badly burned
when he climbed on top of an uncovered radiator in his family's
apartment. His family had repeatedly requested that the landlord
install a cover over the radiator.
They filed a lawsuit, decided in 2006 by the New York State Court of
Appeals, which ruled that landlords are not required by law to
provide radiator covers.

Currently the law only requires landlords to insulate accessible
piping carrying steam, water, or other fluids at temperatures
exceeding 165 degrees Fahrenheit. This bill would require that in
addition to piping, radiators carrying fluids and steam of equally
dangerous temperature also be covered. Like the existing provisions
requiring landlords to install window guards and remove lead paint,
this legislation protects young children in the home by preventing
potentially fatal injury. This shall not be counted as a major
capital improvement.

PRIOR LEGISLATIVE HISTORY:
A.7308 of 2007-2008 - Referred to Cities
S.7442/A.3381- 2010 - Referred to Cities

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it becomes law.