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Carbon
Monoxide Alarms
At its meeting held on December 16, 2009, the State Fire
Prevention and Building Code Council determined that adopting
this rule on an emergency basis was required in order to
comply with legislation, Amanda’s Law,
which will go into effect on February 22, 2010, and to
preserve public safety by clarifying requirements for Carbon
Monoxide Alarms.
This proposal is in the process of being adopted as an
emergency rule – the text is below. The following link
provides background on the legislation, Amanda’s
Law: Available here.
The following text is taken from The
Residential Code of New York State
SECTION AJ403 FIRE AND LIFE SAFETY
PROTECTION
DOS
Homepage
Department
of State Codes
TEXT
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.”
Amanda's Law
CHAPTER TEXT:
LAWS OF NEW YORK, 2009
CHAPTER 367
AN ACT to amend the executive law,
in relation to establishing Amanda's law requiring certain
residences to have installed an operable carbon
monoxide detector
Became a law
August 26, 2009, with the approval of the Governor.
Passed by a
majority vote, three-fifths being present.
The People of the State of New York,
represented in Senate and Assembly, do enact as follows:
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
[constructed or offered for sale
after July thirtieth, two thousand two],
or any dwelling accommodation
located in a building owned as a condominium or
cooperative in the state [constructed or
offered for sale after July thirtieth,
two thousand two,]
or any multiple dwellings [constructed or
offered for sale after August
ninth, two thousand five] 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. [For the purposes of this
section, sale shall mean the transfer
of ownership of a business
or property, provided however, transfer
of franchises shall not be deemed a sale.]
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.
EXPLANATION--Matter in italics
is new; matter in brackets [ ] is old law
to be omitted.
CHAP. 367
2
The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of
the Public Officers Law, we hereby
jointly certify that this slip copy of this session
law was printed under our direction and, in accordance
with such section, is entitled to be read into evidence.
MALCOLM A. SMITH
SHELDON SILVER
Temporary President
of the Senate
Speaker of
the Assembly
The following text is taken from The
Residential Code of New York State
SECTION AJ302 REPAIRS
AJ302.1 Scope. Repairs, as defined in Section AJ202,
include the patching or restoration of materials, elements,
equipment, or fixtures for the purpose of maintaining such
materials, elements, equipment or fixtures in good or sound
condition
AJ302.2 Application. Repairs shall comply with the
provisions of Section AJ4
SECTION AJ303 ALTERATIONS - LEVEL
1
AJ303.1 Scope. Level 1 alterations include the removal
and replacement or the covering of existing materials,
elements, equipment or fixtures using new materials,
elements, equipment or fixtures that serve the same purpose,
without reconfiguring the space.
AJ303.2 Application. Level 1 alterations shall
comply with the provisions of Section AJ5.
SECTION AJ304 ALTERATIONS - LEVEL
2
AJ304.1 Scope. Level 2 alterations include the
reconfiguration of space, the addition or elimination of any
door or window, the reconfiguration or extension of any
system, or the installation of any additional equipment.
AJ304.2 Application. Level 2 alterations shall
comply with the provisions of Section AJ5 for Level 1
alterations as well as the provisions of Section AJ6.
Exception: Work areas in which the alteration work is
exclusively plumbing, mechanical or electrical shall not be
included in the computation of total area of all work areas.
SECTION AJ403 FIRE AND LIFE SAFETY
PROTECTION
AJ403.1 General. Repairs shall be done in a manner that
maintains the level of fire protection provided.
AJ403.2 Smoke alarms. When repairs requiring a permit
occur, the individual dwelling unit shall be provided with
smoke alarms located as required for new dwellings; the
smoke alarms shall be interconnected and hard wired.
Exceptions:
- 1. Repairs to the exterior surfaces
of dwellings are exempt from the requirements of this
section.
-
- 2. Except for bed and breakfast
dwellings, smoke alarms in existing areas shall not be
required to be interconnected and hard wired where
interior wall or ceiling finishes are not removed to
expose the structure.
-
- AJ403.2.1 Power source. Smoke 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 where existing
interior wall or ceiling finishes are not removed to
expose the structure.
AJ403.2.2 Interconnection. Smoke alarms shall not
be required to be interconnected where battery operated
alarms are permitted
AJ403.3 Carbon monoxide alarms. When repairs of
fuel-fired appliances and equipment, solid-fuel burning
appliances and equipment, or fireplaces and chimneys occur,
the individual dwelling unit shall be provided with carbon
monoxide alarms as required for new dwellings.
Exception: In other than bed and breakfast dwellings,
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
where existing interior wall or ceiling finishes are not
removed to expose the structure. Carbon monoxide alarms
shall not be required to be interconnected where battery
operated alarms are permitted.
SECTION AJ504 FIRE AND LIFE-SAFETY
PROTECTION
AJ504.1 General. Alterations shall be done in a manner
that maintains the level of fire protection provided.
AJ504.2 Smoke alarms. When interior alterations
occur in existing dwellings, the individual dwelling unit
shall be provided with smoke alarms located as required for
new dwellings; the smoke alarms shall be interconnected and
hard wired.
Exception: Except for bed and breakfast dwellings, smoke
alarms in existing areas shall not be required to be
interconnected and hard wired where interior wall or ceiling
finishes are not removed to expose the structure.
- AJ504.2.1 Power source. Smoke 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 where existing
interior wall or ceiling finishes are not removed to
expose the structure.
-
- AJ504.2.2 Interconnection. Smoke alarms shall
not be required to be interconnected where battery
operated alarms are permitted
AJ504.3 Carbon monoxide alarms. When level 1
alterations occur, the individual dwelling unit shall be
provided with carbon monoxide alarms as required for new
dwellings.
Exception: In other than bed and breakfast dwellings,
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
where existing interior wall or ceiling finishes are not
removed to expose the structure. Carbon monoxide alarms
shall not be required to be interconnected where battery
operated alarms are permitted.
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