BILL NO A03057A SAME AS SAME AS S02696-A SPONSOR Morelle COSPNSR Rosenthal, Benedetto, Zebrowski, Cook, Steck, Moya, Jaffee, Peoples-Stokes, Robinson, Englebright, Galef, Crespo, Titus, Buchwald, Schimel, Stirpe, Kaminsky, Johns MLTSPNSR Braunstein, Brennan, Curran, 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.Go to top
BILL NO A03057A 01/22/2015 referred to governmental operations 04/21/2015 amend and recommit to governmental operations 04/21/2015 print number 3057a 05/28/2015 reported referred to codes 06/08/2015 reported referred to rules 06/10/2015 reported 06/10/2015 rules report cal.220 06/10/2015 ordered to third reading rules cal.220 06/16/2015 passed assembly 06/16/2015 delivered to senate 06/16/2015 REFERRED TO RULES 06/24/2015 SUBSTITUTED FOR S2696A 06/24/2015 PASSED SENATE 06/24/2015 RETURNED TO ASSEMBLY 12/16/2015 delivered to governor 12/28/2015 signed chap.583 12/28/2015 approval memo.37Go to top
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3057A SPONSOR: Morelle (MS)
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 unlaw- ful 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 manufac- turer'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 detect- ing 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 signal. 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 working alarms. 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 govern- mental operations 2013/2014: A5200C - referred to governmental oper- ations 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.
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STATE OF NEW YORK ________________________________________________________________________ 3057--A 2015-2016 Regular Sessions IN ASSEMBLY 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 detecting devices 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 § 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. LBD04737-03-5A. 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 § 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.