§ 391-k. Automatic garage door opening systems. 1. As used in this
section, unless the context requires otherwise:

(a) "Automatic garage door opening system" means a system of devices
and equipment that when connected to a garage door automatically opens
and closes a garage door. This term does not include the garage door,
garage door springs, tracks, or other hardware associated with the
garage door.

(b) "Garage" means a building or a portion of a building designed or
used for the storage or repair of a motor vehicle or other items.

(c) "Residential building" means a private dwelling or a multiple
dwelling as defined in section four of the multiple dwelling law and
section four of the multiple residence law that includes an attached or
unattached garage.

2. (a) No person shall manufacture, sell, offer for sale, at retail or
wholesale, or install in this state an automatic garage door opening
system for a residential building that does not have an automatic
reverse safety device which complies with the applicable requirements
set forth in the American National Standards Underwriters Laboratories,
Inc., Standards for Safety-ANSI/UL 325-30.1 and 325-30.2, Third Edition,
as revised May 4, 1988.

(b) No person shall service or repair an automatic garage door opening
system in this state that does not comply with paragraph (a) of this
subdivision unless such service brings such system into compliance with
paragraph (a) of this subdivision after the repair or service.
Notwithstanding the foregoing the person servicing or repairing the
garage door, the garage door springs, tracks, or other hardware
associated with the door shall determine whether or not the automatic
garage door opening system complies with the entrapment protection
requirements in the American National Standards Underwriters
Laboratories, Inc., Standards for Safety-ANSI/UL 325-30.1 and 325-30.2,
as revised May fourth, nineteen hundred eighty-eight by conducting an
on-site test of the system. If the automatic garage door opening system
does not pass the required on-site test, the person conducting the test
shall complete and conspicuously affix to the automatic garage door
opening system, a warning label that shall contain all but may not be
limited to the information set forth below. The following complies with
this requirement, but the person conducting the on-site test is
permitted to develop his own warning label containing the required
information:

DANGER
This automatic garage door opening system was tested and does not meet
the requirements for a working safety reverse feature. This is dangerous
and may cause serious injury or death. You are hereby advised to
disconnect the opener from the door immediately and operate the door
manually until the automatic garage door opening system has been
replaced or repaired with one that meets current safety standards as
provided in New York state law, paragraph (a) of subdivision two of
section 391-k of the general business law.
_____________________ ______________________
MODEL Name of tester
____________________ ______________________
Manufacturer Firm Name
____________________ ______________________
Serial Number Firm Address/Phone Number
____________________
Date

The firm of the agent or the person who affixed the label shall
provide written notification within ten days of the on-site test to the
owner or person responsible for the maintenance of the residence that
the automatic garage door opening system did not comply with paragraph
(a) of this subdivision.

3. (a) In addition to the requirements of subdivision two of this
section, on and after January first, nineteen hundred ninety-three, no
person shall manufacture, sell or offer for sale at retail or wholesale,
or install in this state an automatic garage door opening system for a
residential building unless such system is equipped with a tactile
garage door edge sensor, an optical sensor, or a similar entrapment
protection device that when activated is designed to cause a closing
door to open and prevent an open door from closing. This device shall be
designed and built so that a failure of the device prevents the door
from closing.

(b) On and after January first, nineteen hundred ninety-three, a
person servicing or repairing an automatic garage door opening system in
this state that does not comply with paragraph (a) of this subdivision
shall provide written notification within ten days to the owner or
person responsible for the maintenance of the residence that the
automatic garage door opening system does not meet the requirements for
entrapment protection that New York state law provides, that this is
dangerous and may cause serious injury and death, and that the automatic
garage door opening system should be equipped with an additional
entrapment protection device as described in paragraph (a) of this
subdivision.

4. Any manufacturer selling or offering for sale at retail or
wholesale an automatic garage door opening system for residential
buildings shall comply with federal labeling requirements contained in
section 203 of Public Law 101-608, as amended.

5. Any manufacturer selling or offering for sale automatic garage door
opening systems at retail or wholesale in this state shall include with
each system installation, operation, maintenance instructions and
warning decals with operational testing safety device instructions. Any
person installing, servicing or repairing an automatic garage door
opening system shall comply with those instructions.

6. (a) Any person injured by a violation of this section may bring an
action for the recovery of damages. Judgment may be entered in favor of
such person in an amount not to exceed three times the actual damages or
one hundred dollars, whichever is greater. The court may award
reasonable attorney's fees to a prevailing plaintiff.

(b) In addition to the other remedies provided, whenever there shall
be a violation of this section, application may be made by the attorney
general in the name of the people of the state of New York to a court or
justice having jurisdiction by a special proceeding to issue an
injunction, and upon notice to the defendant of not less than five days,
to enjoin and restrain the continuation of such violations; and if it
shall appear to the satisfaction of the court or justice that the
defendant has, in fact, violated this section, an injunction may be
issued by such court or justice, enjoining and restraining any further
violation, without requiring proof that any person has, in fact, been
injured or damaged thereby. In any proceeding, the court may make
allowances to the attorney general as provided in paragraph six of
subdivision (a) of section eighty-three hundred three of the civil
practice law and rules and direct restitution. Whenever the court or
justice shall determine that a violation of paragraph (a) of subdivision
two, paragraph (a) of subdivision three, subdivision four or subdivision
five of this section has occurred, the court or justice may impose a
civil fine of not more than one thousand dollars per violation. Whenever
the court or justice shall determine that a violation of paragraph (b)
of subdivision two or paragraph (b) of subdivision three of this section
has occurred, the court or justice may impose a civil fine of not more
than five hundred dollars per violation. In connection with any such
proposed application, the attorney general is authorized to take proof
and make a determination of the relevant facts and to issue subpoenas in
accordance with the civil practice law and rules.

7. Residential applications of automatic garage door opening systems
manufactured for commercial purposes shall comply with this chapter,
except that the entrapment protection standards shall be the American
National Standards Underwriters Laboratories, Inc., Standard for
Safety-ANSI/UL 325-29 in lieu of the American National Standards
Underwriters Laboratories, Inc., Standard for Safety-ANSI/UL 325-30.1
and 325-30.2. Notwithstanding the foregoing, on and after January first,
nineteen hundred ninety-three, all commercial or residential automatic
garage door opening systems installed for use in any residence shall
comply with the Underwriters Laboratories, Inc., Standard for
Safety-ANSI/UL 325-30.1 and 325-30.2 and paragraph (a) of subdivision
three of this section or any other similar entrapment provisions.