Relates to certain smoke detecting devices and the effectiveness thereof

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

This legislation provides that battery operated smoke detectors 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, powered by a replaceable, removable battery. All solely battery operated smoke detecting devices shall employ a non-removable, non-replaceable battery that powers the device for a minimum of ten years.

Sub-section 2 requires that the product packaging include the manufacturer's name or registered trademark 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 solely battery operated smoke detecting, alarm devices powered by a replaceable, removable battery that have been ordered by, or are in the inventory of owners, managing agents, contractors, wholesalers or retailers on or before the effective date of this section. The provisions of this section shall also not apply to smoke detecting alarm devices that receive their power from the electrical system of the building, fire alarm systems with smoke detectors, fire alarm devices that connect to a panel, devices that use a low-power radio frequency wireless communication signal, or such other devices as the state fire administrator shall designate through its regulatory process.

Section 2 is the effective date.

Justification

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 :

2015: S. 2696-A - Chapter 583 of the Laws of 2015 (approval memo 437) 2014: S.7771 - Consumer Protection

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.