BILL NO A03057A
SAME AS SAME AS S02696-A
SPONSOR Morelle (MS)
COSPNSR Rosenthal, Benedetto, Zebrowski, Cook, Steck, Moya, Jaffee,
Peoples-Stokes, Robinson, Englebright, Galef, Crespo, Titus,
MLTSPNSR Braunstein, Brennan, Glick, Markey, Rivera, Skartados, Thiele, Titone
Add S399-ccc, Gen Bus L
Provides that batteries in battery operated single station smoke detecting
alarm devices shall be non-replaceable, non-removable and capable of powering
the devices for a minimum of ten years.
TITLE OF BILL: An act to amend the general business law, in relation
to certain smoke detecting devices
PURPOSE OR GENERAL IDEA OF BILL: This legislation provides that
battery operated smoke detectors within homes have batteries that are
non-replaceable, non-removable and will power the device for a minimum
of ten years.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new section 399-ccc sub-section 1 that makes it
unlawful for any person to distribute, sell, offer for sale, install
or import any smoke detecting device, which is battery operated and is
not powered by a battery that is non-replaceable, non-removable and
capable of powering the device for a minimum of ten years.
Sub-section 2 requires that the product packaging include the
manufacturer's name or registered trademark and model number and state
that the. battery has a minimum life of 10 years.
Sub-section 3 provision of this section shall not apply to smoke
detecting devices which have been ordered by, or are in inventory of
owners, managing agents, contractors wholesalers or retailers on or
Wore the effective date. Also applies to devices which receive their
power from the electrical system of a building, fire alarm systems
with smoke detectors, fire alarm devices that connect to a panel or
other devices with low-power radio frequency wireless communication
Section 2 is the effective date.
JUSTIFICATION: New York State first required smoke alarms in homes in
1961 and as a result fire deaths have since been cut in half. Smoke
alarms that are properly installed and maintained play a vital role in
reducing fire deaths and injuries. Yet the data clearly shows that
most fire deaths today happen in homes with no smoke alarms or no
Rending a smoke alarm inoperable by tampering with the alarm, removing
its batteries or failing to change its batteries can result in deadly
consequences. In the Consumer Products Safety Commission's National
Smoke Detector Project, 32% of consumers disable their smoke alarm
when they experienced unwanted alarm activation from such sources as
cooking, steam, cigarettes, dust or low battery chirps.
Long life, tamper resistant smoke alarms go to the core of addressing
disablement and failed maintenance by consumers, and do so in a cost
effective way. In recent years advancements have led to smoke alarms
that today prevent consumer tampering and that can power the alarm for
a minimum of ten years, as these alarms have become more available and
affordable, requiring the replacement of existing battery operated
smoke alarms with this more maintenance-free alarms will drive down
fire deaths and injuries.
PRIOR LEGISLATIVE HISTORY: 2011/2012: A10631-A - referred to
governmental operations 2013/2014: A5200C - referred to governmental
operations reported to Rules
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on January 1, 2017;
provided however, that effective immediately, all actions and
procedures with respect to the proposed adoption, amendment,
suspension or repeal of any rule or regulation for timely
implementation of this act are directed and authorized to be made and
completed on or before such effective date.
S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N A S S E M B L Y
January 22, 2015
Introduced by M. of A. MORELLE, ROSENTHAL, BENEDETTO, ZEBROWSKI, COOK,
STECK, MOYA, JAFFEE, PEOPLES-STOKES, ROBINSON, ENGLEBRIGHT, GALEF,
CRESPO, TITUS, BROOK-KRASNY -- Multi-Sponsored by -- M. of A. BRAUN-
STEIN, BRENNAN, GLICK, MARKEY, RIVERA, SKARTADOS, THIELE, TITONE --
read once and referred to the Committee on Governmental Operations --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general business law, in relation to certain smoke
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general business law is amended by adding a new section
2 399-ccc to read as follows:
3 S 399-CCC. SMOKE DETECTING DEVICES. 1. IT SHALL BE UNLAWFUL FOR ANY
4 PERSON OR ENTITY TO DISTRIBUTE, SELL, OFFER FOR SALE, OR IMPORT ANY
5 SOLELY BATTERY OPERATED SMOKE DETECTING ALARM DEVICE POWERED BY A
6 REPLACEABLE, REMOVABLE BATTERY NOT CAPABLE OF POWERING SUCH DEVICE FOR A
7 MINIMUM OF TEN YEARS.
8 2. ALL PRODUCT PACKAGING CONTAINING A SOLELY BATTERY OPERATED SMOKE
9 DETECTING ALARM DEVICE SHALL INCLUDE THE FOLLOWING INFORMATION:
10 (A) THE MANUFACTURER'S NAME OR REGISTERED TRADEMARK AND THE MODEL
11 NUMBER OF THE SMOKE DETECTING ALARM DEVICE; AND
12 (B) THAT SUCH ALARM DEVICE IS DESIGNED TO HAVE A MINIMUM BATTERY LIFE
13 OF TEN YEARS.
14 3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO SOLELY BATTERY
15 OPERATED SMOKE DETECTING ALARM DEVICE POWERED BY A REPLACEABLE, REMOVA-
16 BLE BATTERY NOT CAPABLE OF POWERING SUCH DEVICE FOR A MINIMUM OF TEN
17 YEARS WHICH HAVE BEEN ORDERED BY, OR ARE IN THE INVENTORY OF, OWNERS,
18 MANAGING AGENTS, CONTRACTORS, WHOLESALERS OR RETAILERS ON OR BEFORE THE
19 EFFECTIVE DATE OF THIS SECTION. THE PROVISIONS OF THIS SECTION SHALL NOT
20 APPLY TO SMOKE DETECTING ALARM DEVICES WHICH RECEIVE THEIR POWER FROM
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 3057--A 2
1 THE ELECTRICAL SYSTEM OF THE BUILDING, FIRE ALARM SYSTEMS WITH SMOKE
2 DETECTORS, FIRE ALARM DEVICES THAT CONNECT TO A PANEL, OR OTHER DEVICES
3 THAT USE A LOW-POWER RADIO FREQUENCY WIRELESS COMMUNICATION SIGNAL.
4 S 2. This act shall take effect January 1, 2017; provided however,
5 that effective immediately, all actions and procedures with respect to
6 the proposed adoption, amendment, suspension or repeal of any rule or
7 regulation necessary for the timely implementation of this act are
8 directed and authorized to be made and completed on or before such
9 effective date.