Last year, Governor David Paterson signed a bill amending the
Executive Law requiring carbon monoxide detectors in every 1-2 family
property, apartments in a multiple dwelling, as well as all condominium
and cooperative apartments only where the dwelling unit has appliances,
devices or systems that may emit carbon monoxide or has an attached
garage. Real estate licensees must be aware of the new law and advise
clients and customers of the same. The new law, known as “Amanda’s Law”
is set forth below as well as changes to the Fire code of New York
indicating where carbon monoxide detectors should be located..
Section 1. Short title. This act shall be known and may be cited as
"Amanda's law".
§ 2. Subdivision 5-a of section 378 of the executive law, as amended
by chapter 202 of the laws of 2006, is amended to read as follows:
5-a. Standards for installation of carbon monoxide detectors requiring
that every one or two-family dwelling, or any dwelling accommodation
located in a building owned as a condominium or cooperative in the
state or any multiple dwellings shall have installed an operable
carbon monoxide detector of such manufacture, design and installation
standards as are established by the council. Carbon monoxide detectors
required by this section are required only where the dwelling unit has
appliances, devices or systems that may emit carbon monoxide or has an
attached garage. For purposes of this subdivision, multiple dwelling
means a dwelling which is either rented, leased, let or hired out,
to be occupied, or is occupied as the temporary or permanent residence
or home of three or more families living independently of each other,
including but not limited to the following: a tenement, flat house,
maisonette apartment, apartment house, apartment hotel, tourist house,
bachelor apartment, studio apartment, duplex apartment, kitchenette
apartment, hotel, lodging house, rooming house, boarding house,
boarding and nursery school, furnished room house, club, sorority
house, fraternity house, college and school dormitory, convalescent, old
age or nursing homes or residences. It shall also include a dwelling,
two or more stories in height and with five or more boarders, roomers
or lodgers residing with any one family. New construction shall mean a
new facility or a separate building added to an existing facility.
§ 3. This act shall take effect on the one hundred eightieth day
after it shall have become a law.
The following are the emergency rules adopted by the State Fire
Prevention and Building Code Council in order to comply with legislation
regarding carbon monoxide detectors known as “Amanda’s Law” which will
go into effect on February 22, 2010. The requirements as they apply to
the use of carbon monoxide detectors can be found below.
Subdivision (d) of section 1220.1 in Part 1220 of Title 19 NYCRR is
amended by adding a new paragraph (13) to read as follows:
(13) 2007 RCNYS section RR313.4. For the purposes of applying the
2007 RCNYS in this State, the text of section RR313.4 in chapter R3 of
the 2007 RCNYS shall be deemed to be amended and restated in its
entirety to read as follows:
RR313.4 Carbon monoxide alarms. This section covers
the installation, performance and maintenance of carbon monoxide alarms
and their components in new and existing buildings. The requirements of
this section shall apply to all new and all existing buildings, without
regard to the date of construction of the building and without regard to
whether such building shall or shall not have been offered for sale.
Exception: Compliance with this section is not
required where no carbon monoxide source is located within or attached
to the structure. However, compliance with this section is required if
any carbon monoxide source is subsequently located within or attached to
the structure.
For the purposes of this section RR313.4, the following terms will
have the following meanings:
The term ‘carbon monoxide source’ includes fuel fired
appliances, equipment, devices and systems; solid fuel burning
appliances, equipment, devices and systems; all other appliances,
equipment, devices and systems that may emit carbon monoxide;
fireplaces; garages; and all other motor vehicle-related occupancies.
The term ‘dwelling unit’ means a single unit providing
complete, independent living facilities for one or more persons,
including permanent provisions for living, sleeping, eating, cooking and
sanitation.
The term ‘sleeping area’ means a room or space in
which people sleep.
The term ‘sleeping unit’ means a room or space in
which people sleep, which can also include permanent provisions for
living, eating, and either sanitation or kitchen facilities but not
both. Such rooms and spaces that are also part of a dwelling unit are
not sleeping units.
In the case of a building constructed on or after January 1, 2008, a
carbon monoxide alarm shall be installed in each of the following
locations:
1. Within each dwelling unit or sleeping unit, on each story having a
sleeping area.
2. Within each dwelling unit or sleeping unit, on each story where a
carbon monoxide source is located.
One carbon monoxide alarm installed on a story of a dwelling unit or
sleeping unit having both a sleeping area and a carbon monoxide source
shall suffice for that story within that dwelling unit or sleeping unit.
In the case of a building constructed before January 1, 2008, a carbon
monoxide alarm shall be installed in each of the following locations:
1. Within each dwelling unit or sleeping unit, on the lowest story
having a sleeping area.
When more than one carbon monoxide alarm is required to be installed
within an individual dwelling unit, the alarms shall be interconnected
in such a manner that the actuation of one alarm will activate all of
the alarms in the individual unit. The alarm shall be clearly audible in
all sleeping areas over background noise levels with all intervening
doors close.
Exception: Interconnection is not required where
carbon monoxide alarms are permitted to be battery operated in
accordance with section RR313.4.2.
All carbon monoxide alarms shall be listed and labeled as complying
with UL 2034 or CAN/CSA 6.19, and shall be installed in accordance with
the manufacturer's installation instructions and this code.
RR313.4.1 Prohibited locations. Carbon monoxide alarms
shall not be located within or near the openings to garages, bathrooms
or furnace rooms. Carbon monoxide alarms shall also not be located in or
near locations specified as ‘prohibited,’ ‘not recommended’ or the like
in the manufacturer’s installation instructions.
RR313.4.2 Power source. The required carbon monoxide
alarms shall receive their primary power from the building wiring when
such wiring is served from a commercial source or an on-site electrical
power system, and when primary power is interrupted, shall receive power
from a battery. Wiring shall be permanent and without a disconnecting
switch other than those required for overcurrent protection.
Exception. Carbon monoxide alarms shall be permitted
to be battery operated when installed in buildings without commercial
power or an on-site electrical power system or in buildings constructed
before January 1, 2008.
RR313.4.3 Maintenance. Carbon monoxide alarms shall be
maintained in an operative condition at all times, shall be replaced or
repaired where defective, and shall be replaced when they cease to
operate as intended.
RR313.4.4 Disabling of alarms. Carbon monoxide alarms
shall not be removed or disabled, except for service or repair purposes.
RR313.4.5 One-family dwellings converted to bed and breakfast
dwellings. One-family dwellings converted to bed and breakfast
dwellings shall have carbon monoxide alarms installed in accordance with
the requirements of section F611 of the Fire Code of New York State.
RR313.4.6 Buildings under custody, licensure, supervision or
jurisdiction of a department or agency of the State of New York.
A building which is under the custody, licensure, supervision or
jurisdiction of a department or agency of the State of New York and
which is regulated as a one-or two-family dwelling or multiple
single-family dwelling (townhouse), in accordance with established laws
or regulations of such department or agency, shall have carbon monoxide
alarms installed in accordance with the stricter of the requirements of
this section or the requirements of section F611 of the Fire Code of New
York State.
Subdivision (d) of section 1225.1 in Part 1220 of Title 19 NYCRR is
amended by adding a new paragraph (3) to read as follows:
(3) 2007 FCNYS section F611. For the purposes of applying the
2007 FCNYS in this State, the text of section F611 in chapter F6 of the
2007 FCNYS shall be deemed to be amended and restated in its entirety to
read as follows:
F611 CARBON MONOXIDE ALARMS
F611.1 General. This section covers the application,
installation, performance and maintenance of carbon monoxide alarms and
their components in new and existing buildings and structures. The
requirements of this section shall apply to all new buildings and
structures and to all existing buildings and structures, without regard
to the date of construction of the building or structure and without
regard to whether such building or structure shall or shall not have
been offered for sale.
F611.1.1 Definitions. For the purposes of this
§F611, the following terms shall have the following meanings:
Carbon monoxide source. The term ‘carbon monoxide
source’ includes fuel fired appliances, equipment, devices and systems;
solid fuel burning appliances, equipment, devices and systems; all other
appliances, equipment, devices and systems that may emit carbon
monoxide; fireplaces; garages; and all other motor vehicle-related
occupancies.
Dwelling unit. The term ‘dwelling unit’ means a
single unit providing complete, independent living facilities for one or
more persons, including permanent provisions for living, sleeping,
eating, cooking and sanitation.
Existing buildings and structures. The term
‘existing buildings and structures’ means buildings and structures
constructed before January 1, 2008.
Multiple dwelling. The term ‘multiple dwelling’
means a dwelling which is either rented, leased, let or hired out, to be
occupied, or is occupied as the temporary or permanent residence or
home of three or more families living independently of each other,
including but not limited to the following: a tenement, flat house,
maisonette apartment, apartment house, apartment hotel, tourist house,
bachelor apartment, studio apartment, duplex apartment, kitchenette
apartment, hotel, lodging house, rooming house, boarding house, boarding
and nursery school, furnished room house, club, sorority house,
fraternity house, college and school dormitory, convalescent, old age or
nursing homes or residences, and a dwelling, two or more stories in
height, and with five or more boarders, roomers or lodgers residing with
any one family.
New buildings and structures. The term ‘new
buildings and structures’ means buildings and structures constructed
after December 31, 2007.
The term ‘sleeping area’ means a room or space in
which people sleep.
The term ‘sleeping unit’ means a room or space in
which people sleep, which can also include permanent provisions for
living, eating, and either sanitation or kitchen facilities but not
both. Such rooms and spaces that are also part of a dwelling unit are
not sleeping units.
F611.2 Equipment. Carbon monoxide alarms shall be
listed and labeled as complying with UL 2034 or CAN/CSA 6.19, and shall
be installed in accordance with the manufacturer's installation
instructions and this section.
F611.2.1 Combination smoke and carbon monoxide alarms.
Combination smoke and carbon monoxide alarms are permitted, provided
the alarm is listed for such use. Combination smoke and carbon monoxide
alarms shall have distinctly different alarm signals for smoke or carbon
monoxide alarm activation.
F611.3 Where required. Single and multiple station
carbon monoxide alarms shall be provided in the locations described in
this section.
Exception: Compliance with this section is
not required where no carbon monoxide source is located within or
attached to the structure. However, compliance with this section is
required if any carbon monoxide source is subsequently located within or
attached to the structure.
F611.3.1 New buildings and structures: one-and two-family dwellings,
multiple single-family dwellings (townhouses), and buildings owned as a
condominium or cooperative and containing dwelling accommodations. A
carbon monoxide alarm shall be installed in each of the following
locations:
1. Within each dwelling unit or sleeping unit, on each
story having a sleeping area.
2. Within each dwelling unit or sleeping unit, on each
story where a carbon monoxide source is located.
One carbon monoxide alarm installed on a story of a
dwelling unit or sleeping unit having both a sleeping area and a carbon
monoxide source shall suffice for that story within that dwelling unit
or sleeping unit.
F611.3.2 New buildings and structures: Group I-1 occupancies. A carbon
monoxide alarm shall be installed in the each of following locations:
1. On each story having a sleeping area.
2. On each story where a carbon monoxide source is located.
One carbon monoxide alarm installed on a story having both a sleeping
area and a carbon monoxide source shall suffice for that story.
F611.3.3 New buildings and structures: Group R occupancies not covered
by section F611.3.1 or section F611.3.2, nursery schools (with sleeping
units) not covered by section F611.3.1 or §F611.3.2, bed and breakfast
uses not covered by section F611.3.1 or section F611.3.2, and multiple
dwellings not covered by section F611.3.1 or section F611.3.2. A carbon
monoxide alarm shall be installed in each of the following locations:
1. In each dwelling unit or sleeping unit where a carbon monoxide
source is located. In a multiple-story dwelling unit or sleeping unit, a
carbon monoxide alarm shall be installed on each story having a
sleeping area and on each story where a carbon monoxide source is
located. One carbon monoxide alarm installed on a story having both a
sleeping area and a carbon monoxide source shall suffice for that story.
2. In each dwelling unit or sleeping unit that is on the same story as a
carbon monoxide source.
F611.3.4 Existing buildings and structures: one-and two-family
dwellings, multiple single-family dwellings (townhouses), and buildings
owned as a condominium or cooperative and containing dwelling
accommodations. A carbon monoxide alarm shall be installed within each
dwelling unit or sleeping unit on the lowest story having a sleeping
area.
F611.3.5 Existing buildings and structures: Group I-1 occupancies. A
carbon monoxide alarms shall be installed on each story having a
sleeping area.
F611.3.6 Existing buildings and structures: Group R occupancies not
covered by section F611.3.4 or section F611.3.5, nursery schools (with
sleeping units) not covered by section F611.3.4 or section F611.3.5, bed
and breakfast uses not covered by section F611.3.4 or section F611.3.5,
and multiple dwellings not covered by section F611.3.4 or section
F611.3.5. A carbon monoxide alarm shall be installed in each of the
following locations:
1. In each dwelling unit or sleeping unit where a carbon monoxide
source is located. In a multiple-story dwelling unit or sleeping unit, a
carbon monoxide alarm shall be installed on the lowest story having a
sleeping area.
2. In each dwelling unit or sleeping unit that is on the same story as a
carbon monoxide source.
F611.3.7 Work completed within one-and two-family
dwellings, multiple single-family dwellings (townhouses), buildings
owned as a condominium or cooperative and containing dwelling
accommodations, Group R occupancies, bed and breakfast uses not covered
by section F611.3.8, and multiple dwellings not covered by section
F611.3.8. Where work includes the addition or installation of a carbon
monoxide source, the construction of a chimney, or the connection of the
building to a garage or to any other motor vehicle-related occupancy, a
carbon monoxide alarm shall be installed within each dwelling unit or
sleeping unit on the lowest story having a sleeping area.
F611.3.8 Work completed within Group I-1 occupancy.
Where work includes the addition or installation of a carbon monoxide
source, the construction of a chimney, or the connection of the building
to a garage or to any other motor vehicle-related occupancy, a carbon
monoxide alarm shall be installed on each story having a sleeping area.
F611.4 Prohibited locations. Carbon monoxide alarms
shall not be located within or near the openings to garages, bathrooms,
or furnace rooms. Carbon monoxide alarms shall also not be located in or
near locations specified as ‘prohibited,’ ‘not recommended’ or the like
in the manufacturer’s installation instructions.
F611.5 Power source. When the building wiring is
served from a commercial or on-site power source, carbon monoxide alarms
shall receive their primary power from the building wiring and, when
primary power is interrupted, shall receive power from a battery. Wiring
shall be permanent and without a disconnecting switch other than those
required for overcurrent protection.
Exceptions:
1. Carbon monoxide alarms installed in buildings without a commercial
or on-site power source shall be permitted to be battery operated.
2. In existing buildings and structures, cord-type, direct plug, or
battery-operated carbon monoxide alarms shall be permitted.
F611.6 Interconnection. When more than one carbon
monoxide alarm is required to be installed within an individual dwelling
unit or sleeping unit, the alarms shall be interconnected.
Exception: Interconnection is not required where
cord-type, direct plug, or battery-operated carbon monoxide alarms are
permitted.
F611.7 Maintenance. Carbon monoxide alarms shall be
maintained in an operative condition at all times, shall be replaced or
repaired where defective, and shall be replaced when they cease to
operate as intended.
F611.8 Disabling of alarms. Carbon monoxide alarms
shall not be removed or disabled, except for service or repair
purposes.”