DOS-17-07-00001-E Installation of Pool Alarms and Carbon Monoxide Alarms

4/25/07 N.Y. St. Reg. DOS-17-07-00001-E

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 17

April 25, 2007

RULE MAKING ACTIVITIES

DEPARTMENT OF STATE

EMERGENCY RULE MAKING

 

I.D No. DOS-17-07-00001-E

Filing No. 377

Filing Date. Apr. 05, 2007

Effective Date. Apr. 05, 2007

Installation of Pool Alarms and Carbon Monoxide Alarms

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Repeal of section 1225.2 and addition of Part 1228 to 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 paragraph (b) of subdivision (14) of section 378 of the Executive Law, which requires that the New York State Uniform Fire Prevention and Building Code (the Uniform Code) provide that any residential or commercial swimming pool constructed or substantially modified after Dec. 14, 2006 shall be equipped with an acceptable pool alarm capable of detecting a child entering the water and of giving an audible alarm. This rule also implements the amendment of subdivision (5-a) of section 378 of the Executive Law made by chapter 438 of the Laws of 2005, which requires that the Uniform Code provide that every multiple dwelling constructed or offered for sale after Aug. 9, 2005 shall have installed an operable carbon monoxide alarm.

The Introducer's Memorandum in Support of the bill that added paragraph (b) of subdivision (14) of section 378 of the Executive Law (chapter 450 of the Laws of 2006) states, in pertinent part, that “drowning is the second leading cause of unintentional injury-related deaths in children between the ages of one and fourteen nation wide, and the third leading cause of injury-related deaths of children in New York. … (T)echnological advances have produced several different types of pool alarms designed to sound a warning if a child falls into the water. When used in conjunction with access barriers, these alarms provide greater protection against accidental pool drownings.” This pool alarm provisions added by this rule are similar to the provisions added by a prior emergency rule which was filed on Dec. 14, 2006 and expired on March 13, 2007.

Executive Law section 378(5-a) was amended by chapter 438 of the Laws of 2005 to require that the Uniform Code also provide for the installation of carbon monoxide alarms in multiple dwellings constructed or offered for sale after Aug. 9, 2005. 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 carbon monoxide alarm provisions to be added by this rule are similar to the provisions added by a previous emergency rule which was filed on Dec. 14, 2006 and expired on March 13, 2007. (Executive Law, section 378(5-a) also requires the installation of carbon monoxide alarms in one- and two-family dwellings, townhouses and dwelling units in condominiums and cooperatives constructed or offered for sale after July 30, 2002. The Uniform Code currently includes provisions [in section 1225.2 of Title 19 NYCRR] requiring the installation of carbon monoxide alarms in such occupancies. Said section 1225.2 is repealed by this rule. However, provisions requiring the installation of carbon monoxide alarms in one- and two-family dwellings, townhouses and dwelling units in condominiums and cooperatives constructed or offered for sale after July 30, 2002 have been combined with the new provisions requiring the installation of carbon monoxide alarms in multiple dwellings constructed or offered for sale after Aug. 9, 2005, and the combined carbon monoxide alarm provisions are included in a single section [section 1228.3] which is part of the new Part 1228 added by this rule.)

Adoption of this rule on an emergency basis is necessary to protect public safety, to reduce the number of accidental drownings in swimming pools, the number of deaths and injuries due to carbon monoxide poisoning, and to satisfy the requirements of Executive Law, section 378 (5-a) and (14)(b). At its meeting held on March 22, 2007, the State Fire Prevention and Building Code Council determined that adopting this rule on an emergency basis is necessary to preserve the public safety, and establishing the date of filing of this rule as the effective date of this rule is necessary to protect health, safety and security.

Subject:

Installation of pool alarms in residential and commercial swimming pools and the installation of carbon monoxide alarms in one- and two-family dwellings, townhouses, dwelling units in condominiums and cooperatives, and multiple dwellings.

Purpose:

To implement Executive Law, sections 378(5-a) and 378(14)(b); reduce the number of accidental drownings in swimming pools, and the number of deaths and injuries due to carbon monoxide poisoning.

Substance of emergency rule:

This rule repeals section 1225.2 of Title 19 NYCRR and adds a new Part 1228 to Title 19 NYCRR.

Section 1225.2 of Title 19 NYCRR requires the installation of carbon monoxide alarms in one- and two-family dwellings, townhouses, and dwelling units in condominiums and cooperatives. Said section 1225.2 is repealed by this rule. However, provisions which require the installation of carbon monoxide alarms in one- and two-family dwellings, townhouses, and dwelling units in condominiums and cooperatives constructed or offered for sale after July 30, 2002 have been combined with new provisions requiring the installation of carbon monoxide alarms in multiple dwellings, and the combined carbon monoxide alarm provisions are included in a single section (section 1228.3), which is part of new Part 1228 added by this rule.

New Part 1228 adds the following provisions to the State Uniform Fire Prevention and Building Code (the “Uniform Code”):

New section 1228.2 requires the installation of pool alarms in all commercial and residential swimming pools that are constructed, installed or substantially modified after December 14, 2006. New section 1228.2 provides that a spa or hot tub that complies with all applicable barrier requirements will be deemed to be in compliance, provided that all doors providing direct access to the spa or hot tub are equipped with door alarms.

New section 1228.3 requires the installation of carbon monoxide alarms in multiple dwellings constructed or offered for sale after August 9, 2005.

As indicated above, provisions which require the installation of carbon monoxide alarms in one- and two-family dwellings, townhouses, and dwelling accommodations in condominiums and cooperatives constructed or offered for sale after July 30, 2002 have been combined with the new provisions requiring the installation of carbon monoxide alarms in multiple dwellings, and the combined carbon monoxide alarm provisions are included in the new section 1228.3 added by this rule.

This rule also adds a new section 1228.1, which provides that (1) Part 1228 is part of the Uniform Code, (2) Part 1228 is not repealed by the rule which was recently approval by the State Fire Prevention and Building Code Council (the “Code Council”) and which amends that Uniform Code in its entirety, (3) Part 1228 will not be repealed by reason of the new version of the entire Uniform Code becoming effective, and (4) notwithstanding the fact that the Code Council has provided that during the transition period between adoption of the rule that amends the entire Uniform Code and the date on which that rule becomes effective, a person shall have the option of complying with the Uniform Code as it existed prior to the adoption of that rule or with the Uniform Code as it will be amended by that rule, such person must also comply with the provisions set forth in Part 1228.

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 June 21, 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, [phone], e-mail: [e-mail]

Summary of Regulatory Impact Statement

1. STATUTORY AUTHORITY.

Executive Law section 377(1) authorizes the State Fire Prevention and Building Code Council to periodically amend the provisions of the New York State Uniform Fire Prevention and Building Code (“Uniform Code”).

Executive Law section 378(1) directs that the Uniform Code shall address standards for safety and sanitary conditions.

Executive Law section 378(14)(b) provides that the Uniform Code must require that residential and commercial swimming pools constructed or substantially modified after December 14, 2006 shall be equipped with an acceptable pool alarm capable of detecting a child entering the water and of giving an audible alarm.

Executive Law section 378(5-a), as amended by Chapter 438 of the Laws of 2005, provides that the Uniform Code must require multiple dwellings constructed or offered for sale after August 9, 2005 shall be equipped with carbon monoxide (CO) detectors.

This rule making adds provisions to the Uniform Code that (1) require the installation of pool alarms or, in the case of a spa and hot tub, the installation of door alarms on all doors that provide direct access to the spa or hot tub, and (2) require the installation of CO alarms in multiple dwellings.

(Executive Law section 378(5-a) also provides that the Uniform Code must require the installation of CO alarms in one- and two-family dwellings, townhouses, and dwelling units in condominiums and cooperatives constructed or offered for sale after July 30, 2002. The Uniform Code currently includes provisions [in section 1225.2 of Title 19 NYCRR] requiring the installation of CO alarms in such occupancies. Said section 1225.2 is repealed by this rule. However, provisions requiring the installation of CO alarms in one- and two-family dwellings, townhouses, and dwelling units in condominiums and cooperatives constructed or offered for sale after July 30, 2002 and been combined with the new provisions requiring installation of CO alarms in multiple dwellings, and the combined CO alarm provisions are included in a single section [new section 1228.3] which is added by this rule.)

2. LEGISLATIVE OBJECTIVES.

The Legislative objectives to sought to be achieved by this rule are (1) reducing the number of accidental drownings in swimming pools in this State and (2) reducing the number of deaths and injuries caused by CO poisoning in this State.

3. NEEDS AND BENEFITS.

This rule requires residential and commercial swimming polls installed, constructed or substantially modified after December 14, 2006 to be equipped with approved pool alarms. However, the Department of State has received comments indicating that no pool alarm currently available on the market is suitable for use in a spa or hot tub. To address such comments, this rule provides that a spa or hot tub which complies with all applicable barrier requirements will be deemed to be in compliance with this rule, provided that all doors providing direct access to the spa or hot tub are equipped with a door alarm. By requiring the use of pool alarms in swimming pools other than spas and hot tubs, and by requiring door alarms on doors that lead to spas and hot tubs, this rule should meet the objective and provide the benefit intended by the Legislature: a reduction in the number of accidental drownings.

This rule also requires the installation of CO alarms in multiple dwellings constructed or offered for sale after August 9, 2005. 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.

A number of different sources, including those listed in the full Regulatory Impact Statement, were reviewed to develop an estimate of the annual number of fatalities attributable to unintentional, non-fire, building source CO poisoning. Extrapolating the national data from these sources indicates that New York State (excluding New York City) could expect between 8 and 48 annual fatalities.

CO poisoning will affect the judgment and capability of persons to evacuate or take other appropriate actions well before concentrations reach fatal levels. In addition, in situations where CO poisoning does not result in death, it may cause significant injuries and long term health consequences. Extrapolating national data provided by CPSC indicates that New York State (excluding New York City) could expect approximately 400 injuries annually.

The rule provides that CO alarms shall be listed and labeled as complying with UL 2034-2002. 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 CO (in parts per million) within specified time frames. These are based on limiting carboxyhaemoglobin saturation to 10 percent.

The rule addresses multiple dwellings constructed or offered for sale after August 9, 2005 (the date specified in the statute). While the initial benefits of installing CO 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.

The initial capital costs of complying with the pool alarm provisions added by this rule will include the cost of purchasing and installing the pool alarm. The cost of a typical surface wave sensor or subsurface disturbance sensor pool alarm suitable for most swimming pools (i.e., for regularly shaped pools up to 16′ x 32′) is estimated to be $150 to $200. Larger pools or irregularly shaped pools may require more than one such alarm. In the case of a large, complex shaped pools, more sophisticated system may be required. It is estimated that a self-setting pool alarm system using invisible sonar technology and capable of protecting a large, complex shaped swimming pool would cost between $5,000 and $8,000. A pool alarm system for an Olympic-size pool may cost between $35,000 and $40,000.

In the case of a spa or hot tub, the initial capital costs of complying with the rule will include the cost of purchasing and installing the door alarms. (The owner of a spa or hot tub will also be required to comply with all applicable barrier requirements. However, such compliance is already required by the Uniform Code and other applicable laws.) The cost of a typical door alarm is estimated to be $40 to $50.

The initial costs of complying with the CO alarm provisions added by this rule include the cost of purchasing and installing the alarm. Cord or plug connected and battery operated CO 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.

The annual costs of complying with the rule will include the costs of operating and maintaining the alarms. It is anticipated that these costs will be modest.

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, installs or substantially modifies a swimming pool, the State of such local government, as the case may be, will be required to install a pool alarm. Similarly, 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 CO alarms.

Second, since this rule adds provisions to the Uniform Code, the authorities responsible for administering and enforcing the Uniform Code will be responsible for enforcing the provisions added by this rule, along with the other provisions of the Uniform Code. However, the need to verify the installation of required pool alarms and CO alarms should not have a significant impact on the code enforcement process.

5. PAPERWORK.

This rule imposes no new reporting requirements. No new forms or other paperwork will be required as a result of this rule.

6. LOCAL GOVERNMENT MANDATES.

This rule does not impose any new program, service, duty or responsibility upon any county, city, town, village, school district, fire district or other special district, except as follows:

First, any county, city, town, village, school district, fire district or other special district that owns or operates a swimming pool that is installed, constructed or substantially modified after December 14, 2006 will be required to comply with the pool alarm provisions added by this rule. Similarly, 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 to comply with the CO alarm provisions added by this rule.

Second, since this rule adds provisions to the Uniform Code, cities, towns, villages and counties that are responsible for administering and enforcing the Uniform Code 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.

7. DUPLICATION.

The rule does not duplicate any existing Federal or State requirement.

8. ALTERNATIVES.

Pool alarms. While the use of personal immersion alarms may provide supplemental protection in certain situations, such devices would not protect a child who was not wearing the device when he or she entered the water. Therefore, this rule provides that an alarm device which is located on person(s) or which is dependent on device(s) located on person(s) for its proper operation will not satisfy the requirements of the new provisions.

Following the adoption of the previous rule implementing Executive Law section 378(14)(b), the Department of State received comments indicating that no pool alarm suitable for use in a spa or hot tub is currently available on the market. Therefore, this rule provides that a spa or hot tub that complies with all applicable barrier requirements will be deemed to be in compliance with this rule, provided that all doors providing direct access to the spa or hot tub are equipped with door alarms.

CO alarms. This rule requires installation of CO alarms in multiple dwellings constructed or offered for sale after August 9, 2005. Consideration was given to adopting a rule requiring all multiple dwellings be required to install CO 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 CO alarms.

10. COMPLIANCE SCHEDULE.

Regulated persons will be able to achieve compliance with the pool alarm provisions added by this rule in the normal course of operations, either as part of the installation or construction of a new swimming pool or the substantial modification of an existing swimming pool.

Regulated persons will be able to achieve compliance with the CO provisions added by this rule in the normal course of operations, either as part of the construction process of a new multiple dwelling, as part of routine maintenance of an existing multiple dwelling constructed after August 9, 2005, or as part of the transfer process for an existing multiple dwelling offered for sale.

Regulatory Flexibility Analysis

1. EFFECT OF RULE:

The new section 1228.2 which is added to Title 19 NYCRR by this rule will apply to any small business and any local government that owns or operates a swimming pool that is installed, constructed or substantially modified after December 14, 2006. The Department of State has not been able to estimate the number of small businesses and local governments that own or operate swimming pools, but it is believed that a majority of the non-residential swimming pools in this State are owned or operated by small businesses or local governments. Small businesses that install, construct or modify swimming pools and small businesses that sell swimming pool alarms will also be affected by this rule.

The new section 1228.3 which is added to Title 19 NYCRR by this rule will apply to any small business and any local government that constructs a “multiple dwelling” (as that term is defined in subdivision (5-a) of section 378 of the Executive Law) or offers a multiple dwelling for sale. The Department of State believes that the majority of multiple dwellings in this State are owned by small businesses.

(Executive Law section 378(5-a) also provides that the Uniform Code must require the installation of carbon monoxide alarms in one- and two-family dwellings, townhouses, and dwelling units in condominiums and cooperatives constructed or offered for sale after July 30, 2002. The Uniform Code currently contains provisions [in section 1225.2 of Title 19 NYCRR] requiring the installation of carbon monoxide alarms in such occupancies. Said section 1225.2 is repealed by this rule. However, provisions requiring the installation of carbon monoxide alarms in one- and two-family dwellings, townhouses, and dwelling units in condominiums and cooperatives constructed or offered for sale after July 30, 2002 have been combined with the new provisions requiring the installation of carbon monoxide alarms in multiple dwellings, and the combined carbon monoxide alarm provisions are included in a single section [section 1228.3] which is part of the new Part 1228 added by this rule.)

Since this rule adds provisions to the Uniform Fire Prevention and Building Code (the “Uniform Code”), each local government that is responsible for administering and enforcing the Uniform Code will be affected by this rule. The Department of State estimate that approximately 1,604 local governments (mostly cities, towns and villages, as well as several counties) are responsible for administering and enforcing the Uniform Code.

2. COMPLIANCE REQUIREMENTS:

No reporting or record keeping requirements are imposed upon regulated parties by the rule. Small businesses and local governments subject to the rule will be required to install, use and maintain swimming pool alarms and carbon monoxide alarms in accordance with the rule's provisions. In cases where the installation, construction or substantial modification of a swimming pool involves the issuance of a building permit, the local government responsible for administering and enforcing the Uniform Code will be required to consider the pool alarm requirements of this rule when reviewing plans and inspecting work. When a multiple dwelling is constructed, the local government responsible for administering and enforcing the Uniform Code will be required to consider the carbon monoxide alarm requirements of this rule when reviewing plans and inspecting work.

3. PROFESSIONAL SERVICES:

No professional services will be required to comply with the rule.

4. COMPLIANCE COSTS:

Pool alarms. The initial capital costs of complying with the rule will include the cost of purchasing and installing the pool alarm. The cost of a typical surface wave sensor or subsurface disturbance sensor pool alarm suitable for most swimming pools (i.e., for regularly shaped pools up to 16′ x 32′) is estimated to be $150 to $200. Larger pools or irregularly shaped pools may require more than one such alarm. In the case of a large, complex shaped pools, more sophisticated system may be required. It is estimated that a self-setting pool alarm system using invisible sonar technology and capable of protecting a large, complex shaped swimming pool would cost between $5,000 and $8,000. A pool alarm system for an Olympic-size pool may cost between $35,000 and $40,000. In the case of a spa or hot tub, the initial capital costs of complying with the rule will include the cost of purchasing and installing the door alarms. (The owner of a spa or hot tub will also be required to comply with all applicable barrier requirements. However, such compliance is already required by the Uniform Code and other applicable laws.) The cost of a typical door alarm is estimated to be $40 to $50. The annual costs of complying with the rule will include the costs of operating and maintaining the alarm, which are anticipated to be modest. Any variations in the initial capital cost of complying with the rule or in the annual cost of complying with the rule are likely to be attributable to variations in the size and configuration of the swimming pools to be protected, and not to the type or size of the small businesses and local governments that own the pools. To the extent that larger businesses and larger local governments may tend to own larger swimming pools, or more than one swimming pool, the total costs of compliance would be higher for larger entities and larger local governments.

Carbon monoxide alarms. 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:

Pool alarms. It is economically and technologically feasible for regulated parties to comply with the rule. Except in the case of very large or complex shaped swimming pools, which may require a more sophisticated alarm system, this rule imposes no substantial capital expenditures. No new technology need be developed for compliance with this rule.

Carbon monoxide alarms. 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:

Pool alarms. The rule minimizes any potential adverse economic impact on regulated parties (including small businesses or local governments) by allowing several types of pool alarms on the market to be used. In the case of spas and hot tubs that fall within the Uniform Code's definition of “swimming pool,” the rule minimizes any potential adverse impact by permitting the spa or hot tub which complies with all applicable barrier requirements to be in compliance with this rule by equipping all doors that provided access to the spa or hot tub with a door alarm. The applicable statute (Executive Law section 378(14)(b)) requires that this rule apply to all swimming pools constructed or substantially modified after December 14, 2006. The statute does not authorize the establishment of differing compliance requirements or timetables with respect to swimming pools owned or operated by small businesses or local governments. Providing exemptions from coverage by the rule was not considered because such exemptions are not authorized by Executive Law section 378(14)(b) and would endanger public safety.

Carbon monoxide alarms. 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. The applicable statute (Executive Law section 378(5-a)) requires that this rule apply to all multiple dwellings constructed or offered for sale after August 9, 2005. The statute does not authorize the establishment of differing compliance requirements or timetables with respect to multiple dwellings owned or operated by small businesses or local governments. 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.

7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:

The Department of State notified local governments and other interested parties throughout the State of the adoption of the previous rules that were similar to 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. The Department of State will publish a similar notice regarding the adoption of this rule in a future edition of Building New York. In addition, when this rule is proposed for permanent adoption, 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 paragraph (b) of subdivision (14) of section 378 of the Executive Law, as added by Chapter 450 of the Laws of 2006, by adding provisions to the Uniform Fire Prevention and Building Code (“Uniform Code”) requiring that a pool alarm be installed in any residential or commercial swimming pool that is installed, constructed or substantially modified after December 14, 2006.

This rule also 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 provisions to the Uniform Code requiring that carbon monoxide alarms be installed in any “multiple dwelling” (as that term is defined in subdivision (5-a) of section 378 of the Executive Law) that is constructed or offered for sale after August 9, 2005.

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 this State.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES.

The rule will not impose any reporting or recordkeeping requirements. The rule will impose the following compliance requirements:

Pool alarms. All residential and all commercial swimming pools that are installed, constructed or substantially modified after December 14, 2006 will be required to be equipped with an acceptable pool alarm that is capable of detecting a child entering the water and of giving an audible alarm, and such alarms will be required to be installed, used and maintained in accordance with the manufacturer's instructions. Spas and hot tubs that fall within the Uniform Code's definition of swimming pool will be required to comply with all applicable barrier requirements and, in addition, and without regard to the manner in which compliance with the barrier requirements is achieved, to have all doors that provide direct access to the spa or hot tub equipped with a door alarm. No professional services that are likely to be needed in a rural area in order to comply with such requirements.

Carbon monoxide alarms. All multiple dwellings constructed or offered for sale after August 9, 2005 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. Since this rule permits the use of battery operated carbon monoxide alarms, no professional services that are likely to be needed in a rural area in order to comply with such requirements.

(Executive Law section 378(5-a) also provides that the Uniform Code must require the installation of carbon monoxide alarms in one- and two-family dwellings, townhouses and dwelling units constructed or offered for sale after July 30, 2002. The Uniform Code currently contains provisions [in section 1225.2 of Title 19 NYCRR] requiring the installation of carbon monoxide alarms in such occupancies. Section 1225.2 is repealed by this rule. However, provisions requiring the installation of carbon monoxide alarms in one- and two-family dwellings, townhouses, and dwelling units in condominiums and cooperatives constructed or offered for sale after July 30, 2002 have been combined with the new provisions requiring the installation of carbon monoxide alarms in multiple dwellings, and the combined carbon monoxide alarm provisions are included in a single section [section 1228.3] which is part of the new Part 1228 added by this rule.)

3. COMPLIANCE COSTS.

Pool alarms. The initial capital costs of complying with the rule will include the cost of purchasing and installing the pool alarm. The cost of a typical surface wave sensor or subsurface disturbance sensor pool alarm suitable for most swimming pools (i.e., for regularly shaped pools up to 16′ x 32′) is estimated to be $150 to $200. Larger pools or irregularly shaped pools may require more than one such alarm. In the case of a large, complex shaped pools, more sophisticated system may be required. It is estimated that a self-setting pool alarm system using invisible sonar technology and capable of protecting a large, complex shaped swimming pool would cost between $5,000 and $8,000. A pool alarm system for an Olympic-size pool may cost between $35,000 and $40,000. In the case of a spa or hot tub, the initial capital costs of complying with the rule will include the cost of purchasing and installing the door alarms. (The owner of a spa or hot tub will also be required to comply with all applicable barrier requirements. However, such compliance is already required by the Uniform Code and other applicable laws.) The cost of a typical door alarm is estimated to be $40 to $50. The annual costs of complying with the rule will include the costs of operating and maintaining the alarm, which are anticipated to be modest. Any variation in such costs for different types of public and private entities in rural areas will be attributable to the size and configuration of the swimming pools owned or operated by such entities, and not to nature or type of such entities or to the location of such entities in rural areas.

Carbon monoxide alarms. 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.

Pool alarms. Executive Law section 378(14)(b) makes no distinction between swimming pools located in rural areas and swimming pools located in non-rural areas. However, the economic impact of this rule in rural areas will be no greater than the economic 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(14)(b) requires that this rule apply to all swimming pools constructed or substantially modified after the effective date of section 378(14)(b), which is December 14, 2006. 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(14)(b) and would endanger public safety.

Carbon monoxide alarms. 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 multiple dwellings constructed or offered for sale after August 9, 2005. 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 notified code enforcement officials throughout the State, including those in rural areas, and other interested parties of the new requirements imposed by the previously adopted rules by means of notices 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. The Department of State will include a similar notice regarding the adoption of this rule in a future edition of Building New York. In addition, when this rule is proposed for permanent adoption, 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 Department of State 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” (as that term is defined in section 201-a of the State Administrative Procedures Act) in New York.

1. Pool alarms. The rule adds a new Part 1228 to Title 19 NYCRR. New Part 1228 adds new provisions to the Uniform Fire Prevention and Building Code (“Uniform Code”) requiring that residential and commercial swimming pools installed, constructed or substantially modified after December 14, 2006 be equipped with an pool alarm that is capable of detecting a child entering the water and giving an audible alarm. The pool alarms must be installed, used and maintained in conformance with the manufacturer's instructions. These provisions are added to satisfy the requirements of paragraph (b) of subdivision (14) of section 378 of the Executive Law, which was added by Chapter 450 of the Laws of 2006. The pool alarm requirements added by this rule are substantially similar to the requirements that were added by an emergency rule filed on December 14, 2006. That prior emergency rule expired on March 13, 2007.

Pool alarms that satisfy the requirements of this rule are currently available. The cost of a typical surface wave sensor or subsurface disturbance sensor pool alarm suitable for most swimming pools (i.e., for regularly shaped pools up to 16′ x 32′) is estimated to be $150 to $200. Larger pools or irregularly shaped pools may require more than one such alarm. The cost of providing the appropriate surface wave sensor or subsurface disturbance sensor pool alarm(s) is considered to be modest, particularly when considered in relation to the cost of the typical swimming pool. It is anticipated that requiring pool alarms will have no significant adverse impact on jobs or employment opportunities in businesses that manufacture, install or construct the types of swimming pools that can be protected by such surface wave sensor or subsurface disturbance sensor pool alarm(s). It is also anticipated that requiring pool alarms may have a positive impact on employment opportunities in businesses that sell, install and service pool alarms.

In the case of a large, complex shaped swimming pool, a more sophisticated system may be required. At least one manufacturer produces a pool alarm system, using sonar technology, which is claimed to be suitable for pools of virtually any size or shape. The cost of such a system is estimated to be between $5,000 and $8,000. A sonar-based pool alarm system for an Olympic-size pool may cost between $35,000 and $40,000. In these cases, the cost of providing the appropriate pool alarm system may add between 5% and 10% to the cost of the pool to be protected. This may have some negative impact on the segment of the swimming pool industry that constructs large, complex shaped swimming pools that require the more expensive sonar pool alarm systems. However, based on information provided on the International Aquatic Foundation website (http://www.iafh2o.org/IAF_Statistics.asp), of the estimated 8,349,000 swimming pools in the United States, only 270,000, or less than 3.25%, are “commercial” swimming pools. Based on this information, it is estimated that less than 3.25% of swimming pools that will be installed, constructed or substantially modified after December 14, 2006 will be “commercial” swimming pools. It is also anticipated that many such “commercial” swimming pools will be of a size and shape that can be protected by the less expensive surface wave sensor or subsurface disturbance sensor pool alarms mentioned above and, accordingly, it is estimated that the percentage of new swimming pools that will require the more expensive sonar pool alarm systems will be much less than 3.25%. Therefore, it is anticipated that this rule will not have a substantial adverse impact on jobs and employment opportunities.

Spas and hot tubs are expressly included in the Uniform Code's definition of the term “swimming pool” and, therefore, are covered by the legislative mandate that the Uniform Code provide that all “swimming pools” be equipped with pool alarms. However, the Department of State has received comments indicating that no pool alarm suitable for use in spas and hot tubs is currently available on the market. Therefore, this rule provides that in the case of hot tubs and spas, compliance with the new alarm requirements can be achieved by installing door alarms on all doors that provide direct access to the hot tub or spa. The Department of State understands that such door alarms are currently available, and the Department of State estimates the cost of such a door alarm to be $40 to $50. Therefore, it is anticipated that this rule will not have a substantial adverse impact on jobs and employment opportunities even within the spa and hot tub industries.

2. Carbon monoxide alarms. The new Part 1228 added by this rule also adds provisions to the Uniform Code requiring that multiple dwellings constructed or offered for sale after August 9, 2005 be equipped with carbon monoxide alarms. The carbon monoxide alarm requirements were extended to multiple dwellings to satisfy the requirements of subdivision (5-a) of section 378 of the Executive Law, as amended by Chapter 438 of the Laws of 2005. The carbon monoxide alarm provisions added by this rule are substantially similar to the provisions added by an emergency rule filed on December 14, 2006. That prior emergency rule expired on March 13, 2007. (Executive Law section 378(5-a) also provides that the Uniform Code must require the installation of carbon monoxide alarms in one- and two-family dwellings, townhouses, and dwelling units in condominiums and cooperatives constructed after July 30, 2002. The Uniform Code currently contains provisions [in section 1225.2 of Title 19 NYCRR] requiring the installation of carbon monoxide alarms in such occupancies. Said section 1225.2 is repealed by this rule. However, provisions requiring the installation of carbon monoxide alarms in one- and two-family dwellings, townhouses and dwelling units in condominiums and cooperatives constructed or offered for sale after July 30, 2002 have been combined with the new provisions requiring the installation of carbon monoxide alarms in multiple dwellings, and the combined carbon monoxide alarm provisions are set forth in a single section [section 1228.3] in new Part 1228 added by this rule.)

For newly constructed multiple dwellings, the carbon monoxide alarms will be installed as part of the construction process. Carbon monoxide alarms must also be installed in existing multiple dwellings constructed after August 9, 2005. In exiting multiple dwellings constructed on or before August 9, 2005, 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.