Relates to certain smoke detecting devices

BILL NUMBER:S7422A

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 unlawful 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 manufacturer's name or registered trade mark 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 detecting devices install prior to the effective date.

Section 2 is the effective date.

Justification

New York State first required smoke alarms in homes in 1981 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

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect on January 1, 2014, provided however, that effective immediately, all actions and procedures with respect to the proposed adoption, amendment, suspension and repeal of any rule or regulation for timely implementation of this act are directed and authorized.