PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 1225.2 of Title 19 NYCRR.
Statutory authority:
Executive Law, sections 377 and 378
Finding of necessity for emergency rule:
Preservation of public safety.
Specific reasons underlying the finding of necessity:
This rule is adopted as an emergency measure to preserve public safety and because time is of the essence. This rule implements the provisions of subdivision (5-a) of section 378 of the Executive Law, as amended by chapter 438 of the Laws of 2005. The amendment to Executive Law section 378(5-a) requires that the New York State Uniform Fire Prevention and Building Code (the Uniform Code) include standards requiring that multiple dwellings shall have installed an operable carbon monoxide detector of such manufacture, design and installation standards as are established by the New York State Fire Prevention and Building Code Council (the Code Council). The Introducer's Memorandum in Support of chapter 438 of the Laws of 2005 states, in pertinent part, that “(t)his legislation is aimed at preventing more unnecessary deaths due to carbon monoxide poisoning … chapter 257 of the Laws of 2002 required carbon monoxide alarms be installed in one and two family dwellings and in condominiums and cooperatives …. This bill requires multiple dwelling units of three or more families to install carbon monoxide alarms as well.” The provisions of chapter 257 of the Laws of 2002 were implemented by the adoption of section 1225.2 of Title 19 NYCRR. This rule would implement chapter 438 of the Laws of 2005 by amending said section 1225.2 to extend the carbon monoxide alarm requirements to newly constructed “multiple dwellings” (as defined in the statute) and multiple dwellings that are offered for sale, and by adding certain limitations and definitions that were added to the statute by chapter 438 of the Laws of 2005. Adoption of this rule on an emergency basis is necessary to protect public safety and to extend the carbon monoxide alarm requirement to multiple dwellings as quickly as possible. At its meeting held on December 6, 2006, the Code Council determined that establishing the date of filing as the effective date is necessary to protect the public safety and to extend the carbon monoxide alarm requirement to multiple dwellings as quickly as possible. Therefore, this rule will be effective immediately upon the filing of this Notice of Adoption.
Subject:
Installation of carbon monoxide alarms in multiple dwellings.
Purpose:
To implement Executive Law, section 378(5-a), as amended by chapter 438 of the Laws of 2005.
Text of emergency rule:
Section 1225.2 of Title 19 NYCRR is amended to read as follows:
Section 1225.2 Carbon monoxide alarms.
Single and multiple station carbon monoxide alarms shall be installed and maintained in newly constructed dwelling units and multiple dwellings and in dwelling units and multiple dwellings offered for sale, as provided in this section.
(a) Where required:
(1) one- and two-family dwellings and multiple single family dwellings (townhouses); [and]
(2) dwelling units in buildings [of Group R-2 occupancy classification] owned as condominiums or cooperatives[.]; and
(3) multiple dwellings (as defined in subdivision (f) of this section).
However, a carbon monoxide alarm shall not be required in a dwelling unit if no fuel-fired appliance, no fuel-fired equipment, no solid-fuel burning appliance, no solid-fuel burning equipment, no wood stove, no fireplace, no other appliance or device that runs on or uses flammable or combustible fuel, no system that runs on or uses flammable or combustible fuel, no attached garage, and no other motor-vehicle related occupancy, is located in, or attached to, such dwelling unit or the structure in which such dwelling unit is located.
(b) Location of carbon monoxide alarms. [At]
(1) In the case of a building that contains at least one dwelling unit (as defined in subdivision (f) of this section), at least one carbon monoxide alarm shall be provided in each such dwelling unit. The required carbon monoxide alarm shall be installed in the immediate vicinity of bedroom(s) on the lowest floor level of the dwelling unit containing bedroom(s).
(2) In the case of a building that contains at least one sleeping unit (as defined in subdivision (f) of this section), at least one carbon monoxide alarm shall be provided on each floor level containing sleeping unit(s). The required carbon monoxide alarm shall be installed in the immediate vicinity of such sleeping units(s). In addition, at least one carbon monoxide alarm shall be provided inside each sleeping unit that contains any fuel-fired appliance, fuel-fired equipment, solid-fuel burning appliance, solid-fuel burning equipment, wood stove, fireplace, any other appliance or device that runs on or uses flammable or combustible fuel, or any system that runs on or uses flammable or combustible fuel.
(3) In the case of a building that contains at least one dwelling unit (as defined in subdivision (f) of this section) and at least one sleeping unit (as defined in subdivision (f) of this section), compliance with paragraph (1) and paragraph (2) of this subdivision shall be required.
(c) Equipment and installation. Carbon monoxide alarms shall be listed and labeled as complying with UL 2034-2002 (Single and Multiple Station Carbon Monoxide Alarms, Second Edition, October 29, 1996 — with revisions through and including June 28, 2002, published by Underwriters Laboratories, Inc.), shall be installed, used and maintained in accordance with the manufacturer's installation instructions, and shall conform with paragraphs (1) and (2) of this subdivision. This subdivision shall not preclude the installation of listed combination smoke/carbon monoxide alarms.
(1) Power source. Carbon monoxide alarms are permitted to be permanently connected to the building wiring system, connected by cord or plug to the wiring system, or battery operated. Where carbon monoxide alarms are permanently installed, they shall receive their primary power from a lighting circuit of the building wiring system, provided that such wiring system is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection.
(2) Combination systems and supervisory service. Where carbon monoxide alarms are a component of a fire/burglar/carbon monoxide system, or alarms are monitored by an approved supervising station, a distinctive alarm signal shall be used to differentiate between the carbon monoxide alarms and other alarm system functions. Activation of a carbon monoxide alarm shall not activate a fire alarm signal. Carbon monoxide alarms shall be wired such that short circuits, open circuits, or any other ground-fault will not interfere with monitoring for integrity of the fire warning system.
(d) Maintenance. Carbon monoxide alarms shall be maintained in conformance with the manufacturer's instructions. Where a carbon monoxide alarm receives primary or backup power from a battery, the alarm shall emit a signal when batteries are low. Where the battery is of a removable type, it shall be replaced in conformance with the manufacturer's instructions.
(e) Disabling of alarms. Required carbon monoxide alarms shall not be removed or disabled, except for replacement, service or repair purposes.
(f) Definitions. For purposes of this section, the following words and terms shall have the following meanings:
(1) 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.
(2) The term “multiple dwelling” means a building all or any part of 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 individuals or 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. The term “multiple dwelling” 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 paragraph, each individual or family occupying a hotel, tourist house, lodging house, rooming house, boarding house, boarding school, nursery school, furnished room house, lodging, club, college or school dormitory, sorority house, fraternity house, convalescent, old age or nursing home or residence, or other similar facility shall be deemed to be living independently of each other individual or family occupying such facility notwithstanding any eating, cooking, kitchen, sanitation or other facilities that may be shared in common by such occupants.
(3) The term “new construction” means a new facility or a separate building added to an existing facility.
(4) The word “sale” means the transfer of ownership of a business or property, provided however, transfer of franchises shall not be deemed a sale.
(5) 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.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt this emergency rule as a permanent rule and will publish a notice of proposed rule making in the State Register at some future date. The emergency rule will expire March 13, 2007.
Text of emergency rule and any required statements and analyses may be obtained from:
Joseph Ball, Department of State, 41 State St., Albany, NY 12231, (518) 474-6740, e-mail: jball@dos.state.ny.us
Regulatory Impact Statement
1. Statutory Authority:
Subdivision 1 of Executive Law section 377 authorizes the State Fire Prevention and Building Code Council periodically to amend the provisions of the New York State Uniform Fire Prevention and Building Code (“Uniform Code”). Subdivision 1 of Executive Law section 378 directs that the Uniform Code shall address standards for safety and sanitary conditions. Prior to the enactment of Chapter 438 of the Laws of 2005, subdivision 5-a of Executive Law section 378 provided that the Uniform Code must require that every one or two-family dwelling and every dwelling accommodation located in a building owned as a condominium or cooperative, constructed or offered for sale after the effective date of subdivision 5-a, shall have installed an operable carbon monoxide detector of such manufacture, design and installation standards as are established by the New York Fire Prevention and Building Code Council (the “Council”). Those provisions were implemented by section 1225.2 of Title 19 NYCRR. Executive Law section 378(5-a) was amended by Chapter 438 of the Laws of 2005 to provide that the Uniform Code must require “multiple dwellings” be equipped with carbon monoxide detectors. Executive Law section 378(5-a), as amended, further provides that carbon monoxide detectors are to be required only where the dwelling unit has appliances, devices or systems that run on combustible fuels or has an attached garage. Executive Law section 378(5-a), as amended, also defines the terms “multiple dwelling,” “sale” and “new construction.” This rule making amends 19 NYCRR section 1225.2 in the manner necessary to implement the amendments to Executive Law section 378(5-a) made by Chapter 438 of the Laws of 2005.
2. Legislative Objectives:
Subdivision 5-a of Executive Law section 378 directs that the Uniform Code shall address standards for the installation of carbon monoxide detectors in the occupancies listed above. In the memorandum accompanying the bill which amended subdivision 5-a to Executive Law section 378, the Legislature stated as justification for the bill:
This legislation is aimed at preventing more unnecessary deaths due to carbon monoxide poisoning. On January 4, 2003, Daniel J. Watson of Rochester died in his apartment from carbon monoxide intoxication. This law would be named in his honor with the intent of saving lives in the future.
As with smoke detector/fire alarms many years ago, carbon monoxide alarms have earned the respect of the fire service as a valuable tool in the saving of lives. Everyone recognizes that carbon monoxide kills if not responded to immediately. The most serious quality of CO is that, unlike smoke, it is virtually undetectable, even when someone is awake and alert. Chapter 257 of the laws of 2002 required carbon monoxide alarms be installed in one and two family dwellings and in condominiums and cooperatives that are constructed or sold in order to prevent the loss of life.
“This bill requires multiple dwelling units of three or more families to install carbon monoxide alarms as well.”
This rule making amends the Uniform Code by adding new provisions that require carbon monoxide alarms to be installed and maintained in “multiple dwellings” (as that term is defined in the Executive Law section 378(5-a). Additional provisions direct the location of carbon monoxide alarms within such multiple dwellings, require that the alarms be listed and labeled, and set standards for the power source, supervision and maintenance of such devices. These provisions provide the minimum technical standards needed to ensure the level of protection intended by the Legislature.
3. Needs and Benefits:
Carbon monoxide is an invisible, odorless gas that is generated by the incomplete combustion of carbonaceous fuels such as fuel oil, natural gas, kerosene and wood. CO poisoning results from displacement of oxygen in the blood supply by carboxyhaemoglobin, reducing oxygen supply to the brain. In non-fire situations, elevated CO levels may be caused by improperly installed or maintained fuel-fired appliances, motor vehicles operated in enclosed garages, or appliances intended for outdoor use being used indoors during power failures. As CO is not detectable by the senses, its presence and concentration can only be determined by instruments.
The rule provides that carbon monoxide alarms shall be listed and labeled as complying with UL 2034-2002, the consensus standard for single and multiple station carbon monoxide alarms in the United States. Listing of alarm devices ensures their safety and compliance with performance standards. The sensitivity standard in UL 2034 is based on an alarm response to specified concentrations of carbon monoxide (in parts per million) within specified time frames. These are based on limiting carboxyhaemoglobin saturation to 10 percent, which earlier studies indicated would have no significant effects on human subjects.
A number of different sources were reviewed to develop an estimate of the annual number of fatalities attributable to unintentional, non-fire, building source carbon monoxide poisoning. The sources reviewed contain estimates ranging between 200 and 1200, nationally. The sources include the U.S. Consumer Product Safety Commission (CPSC), California Air Resources Board, the Journal of the American Medical Association, the Morbidity and Mortality Weekly Report (published by the U.S. Centers for Disease Control) and studies by Dr. David Penney (Wayne State University School of Medicine). Extrapolating these data to New York State, excluding New York City, leads the Code Council to expect between 8 and 48 annual fatalities. Using specific coding in the Vital Statistics Death File prepared by its Bureau of Injury Prevention, the New York State Department of Health (DOH) estimates 14 fatalities annually.
In situations where CO poisoning does not result in death, it may cause significant injuries and long term health consequences. In an observation in Archives of Neurology (Vol. 57, No. 8, August 2000), Sohn et al. noted the incidence of parkinsonism and intellectual impairment in a married couple who experienced CO poisoning simultaneously. While it was noted that both individuals showed complete recovery after thirteen months, the observation is suggestive of additional potential consequences. It should also be noted that CPSC has estimated an average of 10,000 injuries or hospital emergency room visits annually from carbon monoxide poisoning. Based solely on population, New York State (excluding New York City) could experience approximately 400 injuries annually.
In an article in the American Journal of Forensic Medicine and Pathology (Vol. 10, No. 1, 1989), I. R. Hill notes that fine discriminatory functions begin to be impaired at 5 percent saturations, with significant decrements being noted at the 10 percent saturation level. Hill also notes that headaches occur at 20 to 30 percent saturation, and that nausea, dizziness and muscular weakness occur at 30 to 40 percent. Thus, CO poisoning will affect the judgment and capability of persons to evacuate or take other appropriate actions well before concentrations reach fatal levels.
The rule addresses new construction and multiple dwellings offered for sale. While the initial benefits of installing carbon monoxide alarms in the multiple dwellings specified in the statute will be limited, there will be a cumulative effect over a period of years as multiple dwellings are sold and newly constructed multiple dwellings replace older multiple dwellings.
4. Costs:
Costs to regulated parties for compliance with the rule are minimal. Cord or plug connected and battery operated carbon monoxide alarms are available in home centers and over the internet for $20 to $50. Direct wired devices with interconnection capability cost up to $80. Installation costs in new construction are estimated to be not more than $50 per device. With regard to the sale of existing multiple dwellings, regulated parties must purchase and install a carbon monoxide alarm, with similar costs as described above.
There are no costs to the Department of State for the implementation of the rule. The Department is not required to develop any additional regulations or develop any programs to implement the rule.
There are no costs to the State of New York or to local governments for the implementation of this rule, except as follows: first, if the State or any local government constructs a new multiple dwelling or offers an existing multiple dwelling for sale, the State or such local government, as the case may be, will be required to install carbon monoxide alarms; second, with regard to new construction, authorities administering and enforcing the Uniform Code will have one additional item to verify in the course of construction inspections. The need to verify the installation of required carbon monoxide alarms will not have a significant impact on the inspection process. With regard to the sale of existing dwellings, state and local governments are not required to conduct inspections to verify compliance with the rule and, consequently, will not incur associated costs.
5. Local Government Mandates:
Any county, city, town, village, school district, fire district or other special district that constructs a new multiple dwelling or sells an exiting multiple dwelling will be required install carbon monoxide alarms in the same manner as any private party.
Cities, towns and villages (and sometimes counties) are charged by Executive Law section 381 with the responsibility of administering and enforcing the Uniform Code. As the rule adds provisions to the Uniform Code, the aforementioned local governments will be responsible for administering and enforcing the requirements of the rule along with all other provisions of the Uniform Code.
The rule does not otherwise impose any new program, service, duty or responsibility upon any county, city, town, village, school district, fire district or other special district.
6. Paperwork:
No reporting requirement or paperwork is required as a result of the adoption of this rule.
7. Duplication:
The rule does not duplicate any existing Federal or State requirement.
8. Alternatives:
Consideration was given to adopting a rule requiring all one and two family dwellings and multiple dwellings be required to install carbon monoxide detectors retroactively. This alternative was rejected at this time as it extends beyond the specific directive of the Legislature as set forth in subdivision 5-a of Executive Law section 378.
9. Federal Standards:
There are no standards of the Federal Government which address the subject matter of the rule. The U.S. Consumer Product Safety Commission does recommend installation of carbon monoxide alarms.
10. Compliance Schedule:
Regulated persons will be able to achieve compliance with the rule in the normal course of operations, either as part of the construction process of a new multiple dwelling or as part of the transfer process for an existing multiple dwelling offered for sale.
Regulatory Flexibility Analysis
1. EFFECT OF RULE:
Small businesses and local governments that construct “multiple dwellings” (as that term is defined in subdivision (5-a) of section 378 of the Executive Law) and small businesses and local governments that offer multiple dwellings for sale are subject to the requirements of the rule.
As the rule adds a requirement to the regulation designated as the Uniform Fire Prevention and Building Code (the Uniform Code), those local governments that are responsible for administering and enforcing the Uniform Code will be required to enforce this rule as part of their overall Uniform Code administration and enforcement duties.
2. COMPLIANCE REQUIREMENTS:
No reporting or record keeping requirements are imposed upon regulated parties by the rule. Small businesses and local governments that construct multiple dwellings or offer multiple dwellings for sale must install and maintain carbon monoxide alarms in accordance with the rule's provisions.
3. PROFESSIONAL SERVICES:
No professional services are necessary to comply with the rule.
4. COMPLIANCE COSTS:
The initial capital costs of complying with the rule will include the cost of purchasing and installing the carbon monoxide alarm(s). Cord or plug connected and battery operated carbon monoxide alarms are available in home centers and over the internet for $20 to $50. Direct wired devices with interconnection capability cost up to $80. Installation costs in new construction are estimated to be not more than $50 per device. With regard to the sale of existing multiple dwellings, regulated parties must purchase and install a carbon monoxide alarm, with similar costs as described above. Such costs are not likely to vary for small businesses or local governments of different types and differing sizes.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
It is economically and technologically feasible for regulated parties to comply with the rule. No substantial capital expenditures are imposed and no new technology need be developed for compliance.
6. MINIMIZING ADVERSE IMPACT:
The rule minimizes any potential adverse economic impact on regulated parties (including small businesses or local governments) by allowing for the installation of all types of carbon monoxide alarms, including those that are permanently connected to the building wiring system, those that are connected by cord or plug to the electrical system, and those that are battery operated.
7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:
The Department of State will notify code enforcement officials throughout the State and other interested parties of the new requirements imposed by this rule by means of a notice in Building New York, a monthly electronic news bulletin covering topics related to the Uniform Code and the construction industry which is prepared by the Department of State and currently distributed to approximately 3,700 subscribers representing all aspects of the construction industry. In addition, when this rule is proposed for permanent adoption, whether as a stand-alone provision or as part of a revision of the entire Uniform Code, the Code Council and the Department of State will conduct hearings and will solicit comments from the general public on this matter prior to voting to propose the adoption of this rule on a permanent basis.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS.
This rule implements the provisions of subdivision (5-a) of section 378 of the Executive Law, as amended by Chapter 438 of the Laws of 2005, by adding a requirement to the Uniform Fire Prevention and Building Code (“Uniform Code”) that carbon monoxide alarms be installed in any newly constructed “multiple dwelling” (as that term is defined in subdivision (5-a) of section 378 of the Executive Law) and in any multiple dwelling that is offered for sale. Since the Uniform Code applies in all areas of the State (other than New York City), this rule will apply in all rural areas of the State.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS.
The rule will not impose any reporting or recordkeeping requirements.
The rule will impose the following compliance requirements: all newly constructed multiple dwellings and all multiple dwellings that are offered for sale will be required to be equipped with one or more carbon monoxide alarms. In the case of a multiple dwelling that contains dwelling units, at least one carbon monoxide alarm must be installed in each such dwelling unit. In the case of a multiple dwelling that contains sleeping units, at least one alarm must be installed on each floor level that contains sleeping units and, in addition, at least one alarm must be installed in each sleeping unit that contains any fuel-fired or solid-fuel burning appliance, equipment or system. No professional services that are likely to be needed in a rural area in order to comply with such requirements.
3. COMPLIANCE COSTS.
The initial capital costs of complying with the rule will include the cost of purchasing and installing the carbon monoxide alarm(s). Cord or plug connected and battery operated carbon monoxide alarms are available in home centers and over the internet for $20 to $50. Direct wired devices with interconnection capability cost up to $80. Installation costs in new construction are estimated to be not more than $50 per device. With regard to the sale of existing multiple dwellings, regulated parties must purchase and install a carbon monoxide alarm, with similar costs as described above. Such costs are not likely to vary for different types of public and private entities in rural areas.
4. MINIMIZING ADVERSE IMPACT.
Executive Law section 378(5-a) makes no distinction between multiple dwellings located in rural areas and multiple dwellings located in non-rural areas. However, the impact of this rule in rural areas will be no greater than the impact of this rule in non-rural areas, and the ability of individuals or public or private entities located in rural areas to comply with the requirements of this rule should be no less than the ability of individuals or public or private entities located in non-rural areas.
Executive Law section 378(5-a) requires that this rule apply to all newly constructed multiple dwellings and to all multiple dwellings that are offered for sale. The statute does not authorize the establishment of differing compliance requirements or timetables in rural areas.
Providing exemptions from coverage by the rule was not considered because such exemptions are not authorized by Executive Law section 378(5-a) and would endanger public safety.
5. RURAL AREA PARTICIPATION.
The Department of State will notify code enforcement officials throughout the State, including those in rural areas, and other interested parties of the new requirements imposed by this rule by means of a notice in Building New York, a monthly electronic news bulletin covering topics related to the Uniform Code and the construction industry which is prepared by the Department of State and currently distributed to approximately 3,700 subscribers representing all aspects of the construction industry. In addition, when this rule is proposed for permanent adoption, whether as a stand-alone provision or as part of a revision of the entire Uniform Code, the Code Council and the Department of State will conduct hearings and will solicit comments from the general public on this matter prior to voting to propose the adoption of this rule on a permanent basis.
Job Impact Statement
The State Fire Prevention and Building Code Council (the Code Council) has concluded after reviewing the nature and purpose of the rule that it will not have a substantial adverse impact on jobs and employment opportunities in New York.
The rule adds a requirement to the Uniform Fire Prevention and Building Code (“Uniform Code”) that carbon monoxide alarms be installed in “multiple dwellings” (as that term is defined in subdivision (5-a) of section 378 of the Executive Law). The alarms must be installed in newly constructed multiple dwellings and in existing multiple dwellings that are offered for sale. For newly constructed multiple dwellings, the carbon monoxide alarms will be installed as part of the construction process. In existing multiple dwellings, carbon monoxide alarms may be installed at any time after the rule takes effect, or installation may be postponed until the multiple dwelling is offered for sale. Any potential adverse economic impact on regulated parties is minimized by the provisions of the rule that allow the installation of all types of carbon monoxide alarms, including those that are permanently connected to the building wiring system, those that are connected by cord or plug to the electrical system, and those that are battery operated.
Once installed, the carbon monoxide alarms must be used and maintained in accordance with manufacturer's instructions.
The costs of purchasing, installing and maintaining the alarms is insignificant in comparison to the cost of construction of a typical new multiple dwelling and the sale price of a typical existing multiple dwelling that is offered for sale. Therefore, this rule should have no impact on jobs and employment opportunities related to the construction of new multiple dwellings or the sale of existing multiple dwellings.
The Code Council finds that it is evident from the subject matter of the rule that it could only have a positive impact or no impact on jobs and employment opportunities.
