Dear Ken:

As Executive Director of the Metropolitan Burglar and Fire Alarm
Association of New York  I'd like  to bring to the attention of all
concerned industry members as well as those who may have residential and
commercial customers in the City of New York information of passage of a
new law regarding CO detection in NYC.

On May 5, 2004, Mayor Bloomberg signed legislation that requires the
installation of carbon monoxide detecting devices within proximity of
sleeping rooms in private homes as well as multiple occupancy dwellings
such as apartment buildings.

The law takes effect on November 2, 2004.

I have included the text of the law from the City's web site (
www.hdsupply.com/mwus/enus/misc/nyc_co_law.pdf )
for all to read and research. There are some highlights (BOLD which may or
may not show up on other people's e-mail) added by me.

The Metropolitan Burglar and Fire Alarm Association (MBFAA) will be holding
an early October meeting in New York City to hold a panel discussion /
seminar concerning this matter and other fire safety issues. Place and
date will be announced.

Thank you for passing this information to your many readers.
Sincerely,

Alan Glasser, Executive Director MBFAA

My e-mail mbfaa@aol.com

MBFAA Local (718) 894-6712


MBFAA MAILING ADDRESS:
PO Box 242
Valley Stream, NY 11582-0242

Web Site: www.mbfaa.com
Other e-mail: info@mbfaa.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

On May 5, Mayor Bloomberg signed a bill (NYC Council Intro No. 4-A that
will require CO alarms to be installed in all NYC buildings classified J-1,
J-2, J-3 and in some cases G and H-2.
These building occupancy categories cover: Hotels, motels, rooming houses,
apartment houses, and apartment hotels, school dormitories, 1 and 2-family
homes, rectories, convents, group homes, hospitals, sanitariums, clinics,
nursing homes, orphanages and day care centers.
The law will apply to structures where a fossil fuel furnace or boiler is
located or buildings in close proximity to a source of CO.
The enforcement date is 180 days after the law is issued, which is November
2nd. 2004.


REPORT OF THE INFRASTRUCTURE DIVISION
MARCEL VAN OOYEN, DEPUTY CHIEF-OF-STAFF
COMMITTEE ON HOUSING AND BUILDINGS
Madeline Provenzano, Chair
April 19, 2004
INT. NO. 4-A: By: The Speaker (Council Member Miller) and Council Members
Comrie, DeBlasio, Felder, Gennaro, Nelson, Quinn, Rivera, Serrano, Vann,
Foster, Sears, Gentile, Gerson, Jackson, Martinez, Monserrate, Reed,
Weprin, Liu, James, Lopez and Brewer.
TITLE: In relation to requiring the installation of carbon monoxide
detecting devices in buildings classified in occupancy groups G, H-2, J-1,
J-2 and J-3.
ADMINISTRATIVE CODE: Amends Title 27 by adding a new article 7 to
subchapter 17 of chapter 1 and amends article 11 of subchapter 2 of chapter
2 by adding new sections 27-2046.1 and 27-2046.2.
BACKGROUND AND INTENT:
Today the Committee will conduct a second hearing on Proposed Int. No. 4-A,
which would require the installation of carbon monoxide detecting devices
in apartments, private homes, hotels, certain hospitals, schools “where a
fossil fuel-burning furnace or boiler is located, and in certain buildings
in close proximity to a source of carbon monoxide.” At the first hearing
of the bill on March 29, 2004, the Committee heard testimony from
representatives of the Department of Buildings, Fire Department, and others
interested in building and fire safety.
Carbon monoxide, an odorless, colorless gas, results from the incomplete

combustion of fossil fuels.1[1] The National Fire Protection Association
states that “In the home, heating and cooking equipment that burn fuel
are potential sources of carbon monoxide.”2[2] Faulty boilers,
gas-burning heaters, and fuel-powered tools are among potential sources of
carbon monoxide. Although its initial symptoms closely match those of the
flu, carbon monoxide (CO) poisoning can be fatal. The Consumer Product
Safety Commission reports that, from 1994 to 1998, the majority of non-fire
carbon monoxide poisonings caused by consumer products were caused by
heating systems.3[3] Early warning of a carbon monoxide leak is crucial, so
that victims can move to fresh air before they lose consciousness. Carbon
monoxide detecting devices are readily available to consumers, and several
models are priced below thirty dollars.4[4] In the months of January and
February 2004, four New York City residents were killed by carbon monoxide
leaks in two buildings, one in Manhattan and one in the Bronx. Among other
episodes last winter were the evacuation of 60 people and the
hospitalization of 27 in an incident on University Avenue in the Bronx, and
the evacuation of five homes in the Carroll Gardens section of
Brooklyn.5[5]
Proposed Int. No. 4-A would require at least one carbon monoxide detecting
devices within 15 feet of sleeping rooms in Class A multiple dwellings and
private dwellings. Owners would be responsible for installing approved
devices, while occupants would be required to keep and maintain the devices
in good repair. Owners would be entitled to a reimbursement of twenty-five
dollars per device from tenants. Placement of the devices in hospitals and
schools will be determined by rule.
Proposed Int. No. 4-A
Section one of Proposed Int. No. 4-A adds a new Article 7 to Subchapter 17
of Chapter 1 of Title 27, entitled “Carbon Monoxide Detecting Devices.”
New section 27-981.1, in subdivision (a), defines “fossil fuel” as
“coal, kerosene, oil, wood, fuel gases and other petroleum products.


In subdivision (b), it defines “fuel gases” to “include, but not be
limited to, methane, natural gas, liquefied natural gas and manufactured
fuel gases.”
New section 27-981.2 requires, in subdivision (a), that every dwelling unit
in a building within occupancy groups J-1, J-2, or J-3 shall be equipped
with an operational carbon monoxide detecting device approved in accordance
with rules promulgated by the Commissioner of Buildings in consultation
with the Fire Department and Department of Health and Mental Hygiene
(DOHMH). This provision only applies to buildings “where a fossil
fuel-burning furnace or boiler is located, and every dwelling unit in a
building that is in close proximity to a source of carbon monoxide.”
“Proximity” is to be established by the rules promulgated by the
Commissioner of Buildings in consultation with the Fire Department and
DOHMH. There must be at least one approved and operational device within 15
feet of each room lawfully used for sleeping purposes. The carbon monoxide
detecting device may be combined with a smoke detecting device already
required under the Administrative Code.
Subdivision (b) requires at least one approved and operational carbon
monoxide detecting device to be installed in buildings classified in
occupancy group G and H-2. Occupancy group G includes educational
facilities and occupancy group H-2 includes hospitals and other
institutions with incapacitated residents. The Commissioner of Buildings is
to promulgate rules in consultation with the Fire Department and DOHMH.
Subdivision (c) specifies that the provisions of Article 7 apply
retroactively, to all buildings that meet the provisions of subdivisions
(a) and (b), irrespective of when they were constructed or when they were
issued a certificate of occupancy.
Subdivision (d) states that the provisions of this Article may be enforced
by the Department of Buildings, Fire Department, Department of Health and
Mental Hygiene, and Department of Housing Preservation and Development.
New section 27-981.3 states that all carbon monoxide devices required to be
provided and installed must be of a type authorized by rules promulgated by
the Commissioner of Buildings.
Section two of Proposed Int. No. 4-A amends Article 11 of Subchapter 2 of
Chapter 2 of Title 27 by adding two new sections to the Housing Maintenance
Code. New section 27-2046.1 relates to the duties of the owner and occupant
with respect to installation and maintenance of carbon monoxide detecting
devices in private dwellings and in Class A multiple dwellings. New York
City’s Housing Maintenance Code, at section §27-2004, defines a Class A
multiple dwelling as one which is occupied “for permanent residence
purposes” (such as apartments) while Class B multiple dwellings are used
as the “more or less temporary abode of individuals or families who are
lodged with or without meals” (such as single-room occupancy dwellings).
Subdivision (a) defines “private dwelling,” for the purposes of
paragraphs two through six of subdivision (b), to mean a “dwelling unit
in a one-family or two-family home which is occupied by a person or persons
other than the owner of such unit or the owner’s family.”
Subdivision (b) enumerates the requirements for the owner of a Class A
multiple dwelling and for a private dwelling that is required to be
equipped with a carbon monoxide detecting device. Paragraph (1) requires
owners to provide and install one or more approved and operational carbon
monoxide detecting device in each dwelling unit. Paragraph (2) requires
owners to post a notice, approved by the Commissioner of Housing
Preservation and Development, in a common area of a Class A dwelling, or
provide such notice to residents of a private dwelling, stating that the
owner is required by law to install carbon monoxide detecting devices.
Paragraph (3) requires owners to replace any carbon monoxide detecting
device which has been stolen, removed, found missing, or rendered
inoperable during prior occupancy and which has not been replaced by the
prior occupant. Paragraph (4) requires owners to replace, within 30 days
after the receipt of written notice, any device that becomes inoperable due
to a manufacturing defect within one year of its installation and through
no fault of the occupant. Paragraph (5) requires owners to provide written
information regarding the testing and maintenance of carbon monoxide
detecting devices to at least one adult occupant of each dwelling unit,
including information about carbon monoxide poisoning and how to respond to
an alarm. This information may include material


distributed by the manufacturer or material prepared by the Department of
Buildings or material approved by the Department of Buildings. Paragraph

(6) requires owners to keep records, as prescribed by the Commissioner of
Housing Preservation and Development, relating to the installation and
maintenance of devices in the building, and to make them available to the
Commissioner upon request.
Subdivision (c) establishes the duty of an occupant of a dwelling unit in
Class A multiple dwellings and the duty of an occupant of a dwelling unit
in a private dwelling in which a carbon monoxide detecting device has been
provided and installed by the owner. With the exception of the amount of
reimbursement, these requirements closely parallel the requirements of
occupants to maintain smoke detecting devices installed by owners.
Paragraph (1) requires the occupant to keep and maintain the device in good
repair. Paragraph (2) requires the occupant to replace any device which is
stolen, removed, missing, or rendered inoperable during occupancy of the
dwelling unit.
Subdivision (d) states, “Except as otherwise provided in paragraphs three
and four of subdivision a of this section, an owner of a dwelling unit who
has provided and installed a carbon monoxide detecting device in a dwelling
unit pursuant to this section shall not be required to keep and maintain
such device in good repair or to replace any such device which is stolen,
removed, missing, or rendered inoperable during the occupancy of such
dwelling unit.”
Subdivision (e) states that it is unlawful for any person to tamper with a
device, or render it inoperable, except for replacing batteries and for
other maintenance purposes.
Subdivision (f) requires the occupant of a dwelling unit where the owner
has installed a device pursuant to this section to reimburse the owner

twenty-five dollars for the cost of providing and installing each device.
The occupant is given one year from the date of installation to make the
reimbursement. Additionally, if a device is installed by the owner as a
result of the occupant’s failure to maintain a device or the occupant has
lost or damaged the device, the occupant must reimburse the owner.
Subdivision (g) states that the provisions of this section may be enforced
by the Department of Housing Preservation and Development, Department of
Buildings, Fire Department, and Department of Health and Mental Hygiene.
New section 27-2046.2 sets the duties of owner and occupant in Class B
multiple dwellings. Subdivision (a) relates to requirements for the owner
of a Class B multiple dwelling where carbon monoxide detecting devices must
be installed. Paragraph (1) requires the owner to provide and install one
or more approved and operational carbon monoxide detecting devices in each
dwelling unit, or to provide and install a line-operated zone carbon
monoxide detecting system. A line-operated zone system must have central
annunciation and central office tie-in for public corridors and public
spaces, pursuant to rules promulgated by the Commissioner of Housing
Preservation and Development in consultation with the Department of
Buildings and Fire Department. Paragraph (2) requires the owner to keep and
maintain the devices in good repair. Paragraph (3) requires the owner,
prior to commencement of a new occupancy of a dwelling unit, to replace any
device which has been stolen, removed, found missing, or rendered
inoperable. Paragraph (4) requires the owner to keep records, as prescribed
by the Commissioner of Housing Preservation and Development, related to
installation and maintenance of devices in the building, and to make them
available to the Commissioner upon request.
Subdivision (b) declares it unlawful for any person to tamper with or
render inoperable a carbon monoxide detecting device required by this
legislation, except for replacing batteries and for other maintenance
purposes.
Subdivision (c) states that the provisions of this section may be enforced
by the Department of Housing Preservation and Development, Department of
Buildings, Fire Department, and Department of Health and Mental Hygiene.
Bill section three of Proposed Int. No. 4-A contains the enactment clause.
The local law will take effect on the 180th day after it is enacted, except
that no later than 45 days prior to that date, the Commissioner of
Buildings and the Commissioner of Housing Preservation and Development, in
consultation with the Commissioner of Health and Mental Hygiene and the
Fire Commissioner, shall take all actions necessary for implementation,
including the promulgation of rules.


Amendments to Int. No. 4
Bill Section 1
In new section 27-981.1, the definition of “appliance” was deleted. The
definition of “fossil fuel” was changed to mean “coal, kerosene, oil,
wood, fuel gases and other petroleum products.”
In new section 27-981.2, in subdivision (a), the words “On and after
October 1, 2004” were removed to reflect the revised effective date as
presently described in bill section 3. In Int. No. 4, carbon monoxide
detecting devices were required in all dwelling units within occupancy
groups J-1, J-2, and J-3 and exemptions were contained in section 27-981.3
of the bill, pertaining to buildings that do not rely on the combustion of
fossil fuel and are not in close proximity to a source of carbon monoxide.
Now, under Proposed Int. No. 4-A, carbon monoxide detecting devices are
required in dwelling units within occupancy groups J-1, J-2, or J-3 only
where a fossil fuel-burning furnace or boiler is located, and every
dwelling unit in a building that is in close proximity to a source of
carbon monoxide. Proximity is to be established by rules. Carbon monoxide
detecting devices are to be approved in accordance with the rules
promulgated by the Commissioner of Buildings in consultation with the Fire
Department and DOHMH. Int. No. 4 required at least one device within ten
feet of each room lawfully used for sleeping purposes, while Proposed Int.
No. 4-A now requires at least one device within fifteen feet of each room
lawfully used for sleeping purposes and adds the specification that the
carbon monoxide detecting device may be combined with a smoke detecting
device.
In subdivision (b), which relates to hospitals and schools, the words “On
and after October 1, 2004” have been removed. Int. No. 4 required one
device for every 10,000 square feet of space, while Proposed Int. No. 4-A
requires at least one device per building to be installed in accordance
with the rules of the Department of Buildings. Proposed Int. No. 4-A also
adds a subdivision (c) to specify that the provisions of the article apply
retroactively, and a subdivision (d) that gives enforcement authority to
DOB, the Fire Department, DOHMH, and HPD.
I
Bill Section 2
In Int. No. 4, bill section 2 adds new section 27-2046.1, relating to all
multiple dwellings. In Proposed Int. No. 4-A, bill section 2 adds two new
sections, 27-2046.1, relating to Class A multiple dwellings and private
dwellings, and 27-2046.2, relating to Class B multiple dwellings. (See
above for explanation of the differences.) A provision has been added which
requires the occupant to reimburse the owner up to 25 dollars for each
device. The occupant of a Class B multiple dwelling does not have that
obligation.
Bill Section 3
In Int. No. 4, the law takes effect immediately. In Proposed Int. No. 4-A,
the law takes effect on the 180th day after enactment, except that no later
than 45 days prior to that date, the Commissioner of Buildings and the
Commissioner of Housing Preservation and Development, in consultation with
the Commissioner of Health and Mental Hygiene and the Fire Commissioner,
shall take all actions necessary for its implementation, including the
promulgation of rules.
Additional Amendments to Int. No. 4, after March 29 hearing
Bill Section 2
Subdivision a of section 27-2046.1 has been changed so that the definition
of “private dwelling” refers to paragraphs two through six, instead of
two and five, as listed in earlier versions of the bill.


Subdivision f of section 27-2046.1, which requires occupants to reimburse
owners twenty-five dollars for the cost of a device, has been amended to
require occupants to reimburse owners when “a carbon monoxide detecting
device is installed by the owner as a result of such occupant’s failure
to maintain such device or where such device has been lost or damaged by
such occupant.”
Update
On Monday, April 19, 2004, the Committee adopted this legislation by a vote
of eleven in the affirmative, zero in the negative and no abstentions.
Accordingly, the Committee recommends its adoption.
(Footnotes)
1[1]  Kimberly L. Ault, Non-Fire Carbon Monoxide Deaths and Injuries
Associated with the Use of Consumer Products: Annual Estimates. U.S.
Consumer Product Safety Commission, June 1999, p. 2.
2[2]  http://www.nfpa.org/Research/NFPAFactSheets/CO/co.asp
3[3]  Ault, p. 15.
4[4] www.homedepot.com
5[5]  Erin Walsh, Ralph R. Ortega and Alison Gendar, “Gas Leaks Leave
City Under Dark Cloud,” New York Daily News, February 17, 2004.
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