Bill Text: NY A05730 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires the installation of smoke detectors in common places of certain dwellings.

Spectrum: Slight Partisan Bill (Democrat 12-4)

Status: (Introduced) 2024-04-12 - advanced to third reading cal.407 [A05730 Detail]

Download: New_York-2023-A05730-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5730--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 23, 2023
                                       ___________

        Introduced by M. of A. ZACCARO, SHIMSKY, GONZALEZ-ROJAS, SEPTIMO, AUBRY,
          RAGA,  CRUZ,  MAMDANI,  DE LOS SANTOS,  SILLITTI,  NOVAKHOV,  BEEPHAN,
          DeSTEFANO, K. BROWN, ZINERMAN, GIBBS -- read once and referred to  the
          Committee  on  Governmental Operations -- recommitted to the Committee
          on Governmental Operations in accordance with Assembly Rule 3, sec.  2
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee

        AN ACT to amend the executive law, in relation to requiring the  instal-
          lation of smoke detectors in common places of certain dwellings

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 5-b of section 378 of  the  executive  law,  as
     2  amended by chapter 96 of the laws of 1988 and such subdivision as renum-
     3  bered by chapter 94 of the laws of 2006, paragraphs a and d as separate-
     4  ly  amended  by chapters 96 and 506 of the laws of 1988, and paragraph b
     5  as amended by chapter 82 of the laws of 1989,  is  amended  to  read  as
     6  follows:
     7    5-b.  Standards  for  installation  of  single station smoke detecting
     8  alarm devices requiring that:
     9    a. every one or two-family  dwelling  or  any  dwelling  accommodation
    10  located in a building owned as a condominium or cooperative in the state
    11  used  as  a  residence  shall  have installed an operable single station
    12  smoke detecting alarm device or devices,
    13    b. such device or devices shall be installed in an area so that it  is
    14  clearly  audible  in  each  bedroom  or  other  room  used  for sleeping
    15  purposes, with intervening doors closed, in accordance with rules to  be
    16  promulgated by the council,
    17    c.  every  multiple-family dwelling and dwelling accommodation located
    18  in a building owned as a condominium or cooperative in the state used as
    19  a residence shall  have  installed  an  operable  single  station  smoke
    20  detecting alarm device or devices in an area so that it is clearly audi-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08131-04-4
        A. 5730--A                          2

     1  ble  in  each common space, with rules to be promulgated by the council.
     2  For purposes of this subdivision, common space means a space  accessible
     3  by all residents, including, but not limited to, a lobby, a hallway, and
     4  a stairwell,
     5    d.  such  device  or  devices  shall be in compliance with the uniform
     6  code, provided, however, that for purposes of this subdivision,  battery
     7  operated devices shall be permitted,
     8    [d.]  e. upon conveyance of any real property containing a one or two-
     9  family dwelling or a condominium  unit  used  as  a  residence  and  the
    10  transferor of the shares allocated to an apartment located in a building
    11  owned  by a cooperative housing corporation where such apartment is used
    12  as a residence, the grantor shall deliver to the grantee at the time  of
    13  conveyance  an  affidavit  indicating  that the grantor is in compliance
    14  with this subdivision. The grantee shall have ten days from the date  of
    15  conveyance within which to notify the grantor if the alarm or alarms are
    16  not  operable.  Upon notification, the transferor shall bear any cost of
    17  compliance with the provisions of this subdivision,
    18    [e.] f. notwithstanding any other  provision  of  law,  a  failure  to
    19  comply  with the provisions of this subdivision shall not be a breach of
    20  any warranty in a conveyance of real property, nor shall it be a defense
    21  to any claim made under a policy of insurance issued to insure the prop-
    22  erty against fire or other casualty loss.
    23    § 2. This act shall take effect immediately.