Requires the installation of carbon monoxide detectors in school buildings

10 Co-sponsors

• Eric Adams
• Pedro Espada Jr.
• Brian X. Foley
• Liz Krueger
• Kenneth P. LaValle
• Hiram Monserrate
• Kevin S. Parker
• John L. Sampson
• Diane J. Savino
• José M. Serrano

Title of bill

An act to amend the education law, in relation to requiring the installation of carbon monoxide detectors in school buildings

Purpose

To protect the health and safety of elementary and secondary school students by requiring installation of carbon monoxide detectors in all school buildings where there is a substantial risk of exposure to carbon monoxide.

Summary of provisions

Bill § 1 adds a new §411 to the Education Law, requiring the Commissioner of Education to adopt regulations requiring the installation of operable carbon monoxide detectors in every elementary and secondary school building within the state wherein the use of heating or other equipment poses a substantial risk of exposure to carbon monoxide. Such carbon monoxide detectors must meet the manufacture, design and installation standards established by the State Uniform Fire Prevention and Building Code Council pursuant to Executive Law §378.

Bill §2 adds carbon monoxide detectors to the list of safety and security devices that qualify for the special apportionment of school building aid in Education Law §3602(6-c). The Commissioner is authorized to annually prescribe a special maximum cost allowance for carbon monoxide detectors.

Bill §3 provides that no school district shall be required to make expenditures in its current fiscal year or in any subsequent fiscal year of more than $100.00 per affected school building for carbon monoxide detectors.

Bill §4 sets forth timelines for installation of detectors. All covered buildings first occupied on or after January 31, 2010 shall have detectors when occupied, and all other buildings shall have detectors installed not later than January 31, 2012.

Existing law

Although one and two-family homes are required to be equipped with carbon monoxide detectors, school buildings are not currently subject to any such requirement.

Justification

Carbon monoxide is a colorless, odorless gas which can cause nausea, headaches and dizziness. If it is allowed to build up in enclosed spaces, it can be deadly. Carbon monoxide detectors represent an inexpensive and effective way to protect against carbon monoxide poisoning.

The Legislature recently recognized the value of these devices by requiring their installation in one and two-family homes. However, carbon monoxide detectors are not currently required in school buildings. This bill calls on the Commissioner of Education to adopt regulations requiring that detectors be installed in every elementary and secondary school building in New York State where heating equipment or other factors pose a substantial risk of exposure to carbon monoxide.

School buildings first occupied on or after January 31, 2008 will have to be so equipped when they open. Existing buildings have three years after that date to come into compliance. Carbon monoxide detectors are also added to the list of safety and security equipment for which a special apportionment of school building aid is available. These provisions will help to ensure that the buildings our students learn in can be made safer without imposing any burdensome costs on school districts.

Legislative history

2005-06, S.983; 2003-04, S.3563-B.

Fiscal implications

Minimal.

Effective date

January 31, 2010, and applicable to all school buildings first occupied on or after that date. Buildings occupied prior to January 31, 2010 will have until 2012 to install carbon monoxide detectors.