NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9207
SPONSOR: Morelle TITLE OF BILL:
An act to amend the general business law, in relation to certain smoke
detecting devices; and to amend a chapter of the laws of 2015 amending
the general business law relating to certain smoke detecting devices, as
proposed in legislative bills numbers S.2696-A and A.3057-A, in relation
to the effectiveness of such chapter
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to amend chapter 583 of the laws of 2015 in
order to provide flexibility for the types of devices that will be
required to utilize non-removable, non-replaceable battery that powers
the device for a minimum of 10 years and to provide for a later effec-
tive date of such chapter.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 399-ccc of the general business law to make
clear that it will be unlawful for any person or entity to distribute,
sell, offer for sale, or import any solely battery operated smoke
detecting alarm device powered by a replaceable, removable battery. All
soley battery operated smoke detecting devices will be required to
employ a non-removable, non-replaceable battery that powers the device
for a minimum of 10 years. Section 1 also provides that the state fire
administrator may through regulation provide additional devises that
such requirements do not apply to.
Section 2 amends the effective date of chapter 583 of the laws of 2015
to provide that such law will be effective on April 1, 2019, provided
however, that actions necessary to implement rules and regulations are
authorized to commence immediately.
Section 3 provides for the effective date.
JUSTIFICATION:
This bill reflects the agreed upon amendments to chapter 583 of the laws
of 2015. (See approval memo 37 of 2015).
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.
Rendering 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:
This is new legislation.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2015, amending the general business law relating
to certain smoke detecting devices, as proposed in legislative bills
numbers S. 2696-A and A. 3057-A, takes effect.
STATE OF NEW YORK
________________________________________________________________________
9207
IN ASSEMBLY
February 3, 2016
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the general business law, in relation to certain smoke
detecting devices; and to amend a chapter of the laws of 2015 amending
the general business law relating to certain smoke detecting devices,
as proposed in legislative bills numbers S.2696-A and A.3057-A, in
relation to the effectiveness of such chapter
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 399-ccc of the general business law, as added by a
2 chapter of the laws of 2015, amending the general business law relating
3 to certain smoke detecting devices, as proposed in legislative bills
4 numbers S. 2696-A and A. 3057-A, is amended to read as follows:
5 § 399-ccc. Smoke detecting devices. 1. It shall be unlawful for any
6 person or entity to distribute, sell, offer for sale, or import any
7 solely battery operated smoke detecting alarm device powered by a
8 replaceable, removable battery [not capable of powering such device for
9 a minimum of ten years]. All solely battery operated smoke detecting
10 alarm devices that are distributed, sold, offered for sale, or imported,
11 shall employ a non-removable, non-replaceable battery that powers the
12 device for a minimum of ten years.
13 2. All product packaging containing a solely battery operated smoke
14 detecting alarm device shall include the following information:
15 (a) the manufacturer's name or registered trademark and the model
16 number of the smoke detecting alarm device; and
17 (b) that such alarm device is designed to have a minimum battery life
18 of ten years.
19 3. The provisions of this section shall not apply to solely battery
20 operated smoke detecting alarm [device] devices powered by a replacea-
21 ble, removable battery [not capable of powering such device for a mini-
22 mum of ten years which] that have been ordered by, or are in the inven-
23 tory of, owners, managing agents, contractors, wholesalers or retailers
24 on or before the effective date of this section. The provisions of this
25 section shall not apply to smoke detecting alarm devices [which] that
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04737-09-6
A. 9207 2
1 receive their power from the electrical system of the building, fire
2 alarm systems with smoke detectors, fire alarm devices that connect to a
3 panel, [or other] devices that use a low-power radio frequency wireless
4 communication signal, or such other devices as the state fire adminis-
5 trator shall designate through its regulatory process.
6 § 2. Section 2 of a chapter of the laws of 2015, amending the general
7 business law relating to certain smoke detecting devices, as proposed in
8 legislative bills numbers S.2696-A and A.3057-A, is amended to read as
9 follows:
10 § 2. This act shall take effect [January] April 1, [2017] 2019;
11 provided however, that effective immediately, all actions and procedures
12 with respect to the proposed adoption, amendment, suspension or repeal
13 of any rule or regulation necessary for the timely implementation of
14 this act are [directed and] authorized to be made [and completed] on or
15 before such effective date.
16 § 3. This act shall take effect on the same date and in the same
17 manner as a chapter of the laws of 2015, amending the general business
18 law relating to certain smoke detecting devices, as proposed in legisla-
19 tive bills numbers S. 2696-A and A. 3057-A, takes effect.
