This rule amends the State Uniform Fire Prevention and Building Code (Uniform Code). The Uniform Code is a fire prevention and building code adopted by the State Fire Prevention and Building Code Council (Code Council) pursuant to Article 18 of the Executive Law. The Uniform Code is applicable in all parts of the State except New York City.

Executive Law § 378 sets forth standards which the Uniform Code shall address. Chapter 541 of the Laws of 2014 amended Executive Law § 378 by adding a new subdivision 5-d. New subdivision 5-d provides that the Uniform Code must include “[s]tandards for installation of carbon monoxide detecting devices requiring that the owner of every building that contains one or more restaurants and the owner of every commercial building in the state shall have installed in such building and shall maintain operable carbon monoxide detecting device or devices of such manufacture, design and installation standards as are established by the [Code Council]. Carbon monoxide detecting devices shall only be required if the restaurant or commercial building has appliances, devices or systems that may emit carbon monoxide or has an attached garage.”

This rule amends 19 NYCRR Part 1228 (entitled “Additional Uniform Code Provisions”) by adding a new section 1228.4 (entitled “Carbon Monoxide Detection in Commercial Buildings”). New section 1228.4 implements subdivision 5-d of Executive Law § 378. Specifically, section 1228.4 requires the installation of carbon monoxide detecting devices (carbon monoxide alarms or a carbon monoxide detection system) in every commercial building (including every building that contains one or more restaurants) if such building contains a carbon monoxide source, contains a garage or other motor-vehicle-related occupancy and/or is attached to a garage or other motor-vehicle-related occupancy. Section 1228.4 also establishes the manufacture, design, and installation standards for such carbon monoxide detecting devices.

Adoption of this rule on an emergency basis is necessary to protect public safety because the absence of carbon monoxide detection devices in nonresidential occupancies has contributed to instances of illness and death among patrons and employees. The Memorandum in Support of the bill enacting Executive Law § 378(5-d) states that while New York State one- and two-family homes and apartments are required to be equipped with carbon monoxide detectors, restaurants and other businesses are not. This failure to mandate carbon monoxide detectors in commercial buildings has contributed to cases of illness and death among patrons and employees. The Memorandum in Support of the companion bill, which amended the New York City administrative code to require carbon monoxide detection in restaurants and other commercial buildings in New York City, references the 2014 carbon monoxide leak that tragically killed a Long Island restaurant manager and sickened nearly 30 people. The carbon monoxide poisoning in this incident came from a malfunctioning water heater flue pipe in the basement of the establishment.

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. In non fire situations, elevated carbon monoxide 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 carbon monoxide is not detectable by the senses, its presence and concentration can only be determined by instruments such as carbon monoxide detection systems.

By requiring that restaurants and commercial buildings follow the same standards as residences, the Legislature demonstrates that its objectives are to reduce the number of deaths and injuries caused by carbon monoxide poisoning, and to provide safer environments for customers and employees.

At its meeting held on May 15, 2015, the Council determined that adoption of this rule on an emergency basis, as authorized by section 202 of the State Administrative Procedure Act, is required to preserve public safety and general welfare because:

(1) Executive Law § 378 (5-d), as added by Chapter 541 of the Laws of 2014, provides that the Uniform Code must contain provisions requiring the installation of carbon monoxide detecting devices in every building that contains one or more restaurants and every commercial building;

(2) Executive Law § 378 (5-d) becomes effective on June 27, 2015;

(3) the May 15, 2015 meeting of the Code Council is the last meeting of the Code Council scheduled to be held prior to June 27, 2015; and

(4) adopting this rule on an emergency basis at the May 15, 2015 meeting of the Code Council, and making this rule effective immediately upon the filing of the Notice of Emergency Adoption and Proposed Rule Making (or on some other date between the date of such filing and June 27, 2015), are necessary to assure that the Uniform Code will include the provisions contemplated by subdivision 5-d of Executive Law § 378 by the effective date of that subdivision.

Subdivision (a) (“Introduction”) introduces the new section, which will implement standards and requirements regarding carbon monoxide (“CO”) detection in certain new and existing commercial.

Subdivision (b) (“Definitions”) defines certain terms used in section 1228.4, including:

CARBON MONOXIDE SOURCE (defined as “any appliance, equipment, device or system that may emit carbon monoxide (including, but not limited to, fuel fired furnaces; fuel fired boilers; space heaters with pilot lights or open flames; kerosene heaters; wood stoves; fireplaces; and stoves, ovens, dryers, water heaters and refrigerators that use gas or liquid fuel), garages, and other motor vehicle related occupancies”);

CARBON MONOXIDE-PRODUCING HVAC SYSTEM (defined as “a system that uses ducts to provide heat, ventilation and/or air-conditioning to all or any part of a commercial building, provided that (i) such ducts run from a carbon monoxide source to the classroom(s) and/or detection zone(s) served by such system and/or (ii) such system is supplied with recirculated or makeup air from a classroom or detection zone that contains a carbon monoxide source”);

CLASSROOM (defined as “a room or area that (i) is located in a school, (ii) is a place where classes are taught, and (iii) is occupied or capable of being occupied by six or more persons (including students and teachers) at any one time. For the purposes of this definition, the term ‘school’ means any building used, in whole or in part, for educational purposes, including but not limited to a building classified, in whole or in part, as Educational Group E under Chapter 3 of the 2010 BCNYS. The term ‘school’ includes public schools and private schools, including but not limited to religious schools. However, the term ‘school’ does not include a school attended only by students above the 12th grade”);

COMMERCIAL BUILDING (defined as “any new or existing building that is not a one-family dwelling, a two-family dwelling, or a building containing only townhouses”);

DETECTION ZONE (defined as a story of a commercial building, subject to the following exceptions: (i) if a story is arranged so that two or more separate carbon monoxide-producing HVAC systems are used to serve separate portions of the story, each such portion of the story shall be deemed to be a separate detection zone; (ii) if a story contains one or more classrooms, each classroom shall be deemed to be a separate detection zone and the portion, if any, of the story that is not a classroom shall be deemed to be a separate detection zone; (iii) if a portion of a story is used as a garage, the portion used as a garage shall not be deemed to be a detection zone and the portion not used as a garage shall be deemed to be a detection zone; and (iv) if an entire story is used as a garage, such story shall not be deemed to be a detection zone);

EXISTING COMMERCIAL BUILDING (defined as a commercial building that was constructed prior to December 31, 2015¹); and

NEW COMMERCIAL BUILDING (defined as a commercial building that is not an existing commercial building).

Subdivision (c) (“Commercial buildings required to have carbon monoxide detection”) provides that as a general rule, CO detection must be provided in every commercial building that (i) contains any CO source and/or (ii) is attached to a garage and/or (iii) is attached to any other motor-vehicle-related occupancy. These requirements shall apply without regard to whether such commercial building is an existing commercial building or a new commercial building and without regard to whether such commercial building shall or shall not have been offered for sale. However, CO detection shall not be required in a (1) commercial building that is classified, in its entirety, in Storage Group S or Utility and Miscellaneous Group U under Chapter 3 of the 2010 Building Code of New York State (the 2010 BCNYS) and occupied only occasionally and only for building or equipment maintenance, or (2) a commercial building that is a “canopy” (as that term is defined in the 2010 Fire Code of New York State).

Subdivision (d) (“Detection zones required to be provided with carbon monoxide detection”) specifies the detection zones where carbon monoxide detection must be provided. In general, CO detection is required in each detection zone in which at least one “triggering condition” exists.

“Triggering Condition 1” is the presence of any CO source in the detection zone.

“Triggering Condition 2” is the presence in a detection zone of a duct opening or other outlet from a CO-producing HVAC system (provided, however, that the presence of such a duct opening or outlet in a detection zone is not a “triggering condition” for such detection zone if (a) CO detection is provided in the first room or area served by each main duct leaving the CO source in such CO-producing HVAC system and (b) the signals from the carbon monoxide detection equipment in the first room or area served by each such main duct are automatically transmitted to an approved location).

“Triggering Condition 3” is the presence of a garage or other motor-vehicle-related occupancy in location that is adjacent to a detection zone (subject to certain exceptions stated in the full Text of the rule).

If a detection zone (other than a classroom) that would otherwise require CO detection has ambient conditions that would, under normal conditions and with all required ventilation and exhaust systems installed and operating properly, activate CO detection devices, CO detection shall not be required in that detection zone provided that an alternative safety plan for the commercial building in which such detection zone is located shall have been approved by the authority having jurisdiction and implemented.

If a detection zone (other than a classroom) that would otherwise require CO detection is “open” (without sidewalls or drops) on 50 percent or more of its perimeter, and there is no occupiable area within such detection zone that is not open on 50 percent or more of its perimeter, CO detection shall not be required in that detection zone.

Subdivision (e) (“Placement of carbon monoxide detection”) specifies that places within a detection zone where the CO detection devices must be located. In the case of a detection zone having an area less than 10,000 square feet, the CO detection must be placed in a central location within such detection zone. In the case of a detection zone having an area 10,000 square feet or larger, CO detection must be placed in a central location within such detection zone and at such additional locations within such detection zone as may be necessary to assure that no point in the detection zone is more than 100 feet from CO detection. In certain cases (more fully described in the full Text of the rule), the additional CO detection will not be required in a detection zone that is 10,000 square feet or larger.

Subdivision (f) (“Detection equipment”) provides that CO detection shall be provided by CO alarms complying with subdivision (g) or a CO detection system complying with subdivision (h).

Subdivision (g) (“Carbon monoxide alarms”) specifies specifications for CO alarms. In general, CO alarms must be hard-wired, with a battery backup. However, battery-powered CO alarms (powered by a 10-year battery) will be allowed in existing commercial building and in commercial buildings without commercial electric power. In either case, CO alarms must be listed in accordance with Underwriters Laboratory (UL) 2034. Combination CO / smoke alarms shall not be deemed to satisfy the requirements of this section 1228.4.

In new commercial buildings, where a CO alarm is installed in a normally unoccupied detection zone, such CO alarm must be interconnected with a CO alarm that is placed in an adjacent and normally occupied detection zone. A sign that identifies and describes the location of each normally unoccupied detection zone that contains any such interconnected CO alarm must be placed in the proximity of each CO alarm installed in a normally occupied detection zone.

CO alarms must be installed in the locations specified in subdivisions (d) and (e) of section 1228.4.

In general, CO alarms must be installed, operated, and maintained in accordance with the manufacturer’s instructions. However, in the event of a conflict between the manufacturer’s instructions and the provisions of section 1228.4, the provisions of this section 1228.4 shall control.

Subdivision (h), “Carbon monoxide detection systems,” specifies requirements for CO detection systems. CO detection systems must comply with National Fire Protection Association (NFPA) 720. CO detectors shall be listed in accordance with UL 2075.

The CO detectors must be installed in the locations specified in subdivisions (d) and (e) of section 1228.4. In the event of a conflict between the CO detector location requirements specified in subdivisions (d) and (e) and the CO detector location requirements specified in NFPA 720, the location requirements specified in subdivisions (d) and (e) of section 1228.4 shall control.

Combination CO / smoke detectors will be permitted in CO detection systems, provided such combination detectors are listed in accordance with UL 2075 and UL 268.

Notification appliances in CO detection systems must comply with NFPA 720. Notification appliances shall be provided in the locations specified in NFPA 720 or, in the alternative, in the locations specified in subdivisions (d) and (e) and paragraph (4) of subdivision (g) of section 1228.4 as the required locations for CO detection.

The power source for CO detection systems must comply with NFPA 720.

Subdivision (i) (“Additional requirement in Group E occupancies”) provides that in a new commercial building that (i) has an occupant load of 31 or more and (ii) is classified, in whole or in part, as Educational Group E under Chapter 3 of the 2010 BCNYS, CO alarm signals shall be automatically transmitted to an approved on-site location that is normally staffed by school personnel during normal school hours.

Subdivision (j) (“Maintenance”) provides that CO alarms and CO detection systems must be maintained in accordance with NFPA 720, and that CO alarms and CO detectors that become inoperable or begin producing end-of-life signals must be replaced as soon as practicable.

Subdivision (k) (“Connection of carbon monoxide detection systems to control units and off-premises signal transmission”) provides that CO detection systems shall be connected to control units and off-premises signal transmission. All CO detection systems installed in accordance with subdivision (h) of section 1228.4 shall have off-premises signal transmission in accordance with NFPA 720. All CO detection systems in new commercial buildings that are required by section 903 or section 907 of the 2010 Fire Code of New York State to have a fire alarm control panel installed shall have off-premises signal transmission in accordance with NFPA 720. CO detection systems shall not activate a fire signal to a fire alarm control panel. CO detection systems shall not activate any notification appliance that announces a fire alarm or any other alarm that is not distinctive from a fire notification as required by NFPA 72. Where notification of CO detection system is permitted to be transmitted to approved locations, at least one approved notification appliance shall be provided within every building that transmits a signal to an approved location.

Subdivision (l) (“Other Uniform Code provisions relating to carbon monoxide detection”) provides that section 1228.4 does not repeal, override, modify or otherwise affect any other provision of the Uniform Code (including but not necessarily limited to section R313.4 of the 2010 RCNYS and section 610 of the 2010 FCNYS) that requires CO detection in any class of buildings, and that any building that is or becomes subject to any such other provision must comply with such other provision. Subdivision (l) further provides that in the case of a building that (1) is subject to section R313.4 of the 2010 RCNYS or section 610 of the 2010 FCNYS and (2) is also a “commercial building” that is subject to section 1228.4 (a “mixed use building”) must comply with the requirements of section R313.4 of the 2010 RCNYS or section 610 of the 2010 FCNYS, as applicable, and, in addition, shall comply with the requirements of section 1228.4. However, duplicative CO detection shall not be required, and if an area in a mixed use building is provided CO detection in accordance with the requirements of section R313.4 of the 2010 RCNYS or section 610 of the 2010 FCNYS, as applicable, such area need not be provided with additional CO protection under this section 1228.4.

Subdivision (m) (“Interconnection in mixed used buildings”) provides that in the case of a new “mixed use building,” the CO detection required by section 1228.4 must be interconnected with the CO detection required by section R313.4 of the 2010 RCNYS or section 610 of the 2010 FCNYS, as applicable.

Subdivision (n) (“Incorporation by reference”) provides for the incorporation by reference of the 2010 BCNYS, the 2010 FCNYS, and NFPA 720 in section 1228.4.

Subdivision (o) (“Effective date”) provides that section 1228.4 will take effect on June 27, 2015.

Subdivision (p) (“Transition period”) establishes a transition period (June 27, 2015 to June 27, 2016); provides that owners of existing commercial buildings are encouraged to install carbon monoxide detection as quickly as practicable; provides that the owner of an existing commercial building shall not be deemed to be in violation of section 1228.4 if the owner provides the authority having jurisdiction with a written statement certifying that such owner is attempting in good faith to install carbon monoxide detection that complies with the requirements of this section 1228.4 in such owner’s existing commercial building as quickly as practicable; and provides that carbon monoxide detection that satisfies the requirements of section 1228.4 must be installed and must be fully operational in all existing commercial buildings by the end of the transition period.

On May 15, 2015, the State Fire Prevention and Building Code Council (Code Council) approved a rule amending the State Uniform Fire Prevention and Building Code (Uniform Code) by adding a new section 1228.4 to Part 1228 of Title 19 NYCRR. New section 1228.4 requires the installation of carbon monoxide detection in all commercial buildings and implements subdivision 5-d of Executive Law § 378, as added by Chapter 541 of the Laws of 2014. Subdivision 5-d becomes effective on June 27, 2015, and new section 1228.4 becomes effective on June 27, 2015.

Executive Law § 378 (15)(a) provides that “no change to the [Uniform Code] shall become effective until at least ninety days after the date on which notice of such change has been published in the state register, unless the [Code Council] finds that (i) an earlier effective date is necessary to protect health, safety and security; or (ii) the change to the code will not impose any additional compliance requirements on any person.”

At its meeting held on May 15, 2015, the Code Council found and determined that:

(1) adoption of this rule on an emergency basis, as authorized by section 202 of the State Administrative Procedure Act, is required to preserve public safety and general welfare because Executive Law § 378 (5-d), as added by Chapter 541 of the Laws of 2014, provides that the Uniform Code must contain provisions requiring the installation of carbon monoxide detecting devices in every commercial building and every building that contains one or more restaurants. Executive Law § 378 (5-d) becomes effective on June 27, 2015; the May 15, 2015 meeting of the Code Council is the last meeting of the Code Council scheduled to be held prior to June 27, 2015. Adopting this rule on an emergency basis at the May 15, 2015 meeting of the Code Council is necessary to assure that the Uniform Code will include the provisions contemplated by subdivision 5-d of Executive Law § 378 by the effective date of that subdivision; and

(2) making this rule effective immediately upon the filing of the Notice of Emergency Adoption and Proposed Rule Making, as authorized by Executive Law § 378 (15)(a), is required to protect health, safety and security because, in the absence of such a finding and determination, the amendment of the Uniform Code to be implemented by this rule would not become effective until 90 days after publication of the Notice of Emergency Adoption and Proposed Rule Making and, for the reasons stated above, this rule must become effective no later than June 27, 2015.

2. Executive Law § 377(1)

New section 1228.4 of Part 1228 of Title 19 NYCRR, as adopted by the Code Council, included subdivisions (a) to (o), inclusive. Executive Law § 377(1) provides that the Secretary of State (the Secretary) must review each amendment of the Uniform Code adopted by the Code Council to insure that it effectuates the purposes of Article 18 of the Executive Law, and that the Secretary must approve such amendment prior to its becoming effective.

The Legislature has declared that it shall be the public policy of the State of New York to encourage local governments to exercise their full powers to administer and enforce the Uniform Code. See Executive Law § 371(2)(d).

The Secretary has reviewed the amendment of the Uniform Code to be implemented by this rule and finds that the addition of provisions requiring owners of commercial buildings to install carbon monoxide detecting devices effectuates the purposes of Article 18 of the Executive Law. The Secretary finds that making such provisions effective on June 27, 2015 also effectuates the purposes of Article 18 of the Executive Law.

However, based on comments received from owners of public and private commercial buildings after the date on which the Code Council voted to approve the provisions to be added by this rule, the Secretary finds that it is not reasonable to expect the owners of all commercial buildings in this State to install carbon monoxide detection that complies with the requirements of new section 1228.4 in their buildings prior to the June 27, 2015 effective date of this rule. The Secretary also finds that approving this rule without the addition of a provision establishing a reasonable transition period would put local governments (and other governmental units and agencies) responsible for administration and enforcement of the Uniform Code in the untenable position of being directed and encouraged to enforce the Uniform Code, including the provisions to be added by this rule, despite the fact that owners of commercial buildings will be unable to comply with the provisions to be added by this rule because of circumstances beyond their reasonable control.

Based on the foregoing, the Secretary finds that, in order to insure that new section 1228.4 of the Uniform Code effectuates the purposes of Article 18 of the Executive Law and the public policy set forth in Executive Law § 371(2)(d), it is necessary to add provisions establishing a transition period to new section 1228.4.

The Code Council is not scheduled to meet again prior to the effective date of new section 1228.4. However, Executive Law § 376(5) authorizes and directs the Secretary to do all things necessary or desirable to further and effectuate the general purposes and specific objectives of Article 18 of the Executive Law.

Accordingly, pursuant to Executive Law § 376(5), the Secretary has adopted an amendment of the rule text as approved by the Code Council at its May 15, 2015 meeting. Such amendment adds a new subdivision (p), to read as follows:

(p) Transition period. In this section 1228.4, the term “transition period” means the period between the effective date of this section (June 27, 2015) and June 27, 2016.

(1) Owners of existing commercial buildings are encouraged to install carbon monoxide detection that complies with the requirements of this section 1228.4 in their buildings as quickly as practicable.

(2) The owner of an existing commercial building shall not be deemed to be in violation of this section 1228.4 during the transition period if such owner provides to the authority having jurisdiction a written statement certifying that such owner is attempting in good faith to install carbon monoxide detection that complies with the requirements of this section 1228.4 in such owner’s existing commercial building as quickly as practicable.

(3) The owners of all existing commercial buildings shall be required to have carbon monoxide detection that complies with the requirements of this section 1228.4 fully installed and fully operational by the end of the transition period.

Pursuant to Executive Law § 377(1), the Secretary finds that the rule approved by the Code Council, as amended by the addition of the foregoing subdivision (p), effectuates the purposes of Article 18 of the Executive Law, and the Secretary approves the rule approved by the Code Council, as amended by the addition of the foregoing subdivision (p).

New section 1228.4, including the foregoing subdivision (p), shall become effective on June 27, 2015.

This rule amends the State Uniform Fire Prevention and Building Code (Uniform Code) by adding a new section 1228.4 to 19 NYCRR Part 1228 (Additional Uniform Code Provisions). New section 1228.4 (entitled “Carbon Monoxide Detection in Commercial Buildings”) requires the installation of carbon monoxide detecting devices in every commercial building (including but not limited to every building containing one or more restaurants) if such building has an attached garage or contains any appliance, equipment, device or system that may emit carbon monoxide.

1. STATUTORY AUTHORITY.

This rule is authorized by Executive Law § 377(1), which authorizes the State Fire Prevention and Building Code Council (Code Council) to amend the Uniform Code from time to time, and by new subdivision (5-d) of Executive Law § 378, as added by Chapter 541 of the Laws of 2014. New subdivision (5-d) provides that the Uniform Code must include “standards for installation of carbon monoxide detecting devices requiring that the owner of every building that contains one or more restaurants and the owner of every commercial building in the state shall have installed in such building and shall maintain operable carbon monoxide detecting device or devices of such manufacture, design and installation standards as are established by the [Code Council]. Carbon monoxide detecting devices shall only be required if the restaurant or commercial building has appliances, devices or systems that may emit carbon monoxide or has an attached garage.”

Subdivision (p) of new section 1228.4 added by this rule is authorized by Executive Law § 377(1), which provides that the Secretary of State (the Secretary) must review each amendment of the Uniform Code adopted by the Code Council to insure that it effectuates the purposes of Article 18 of the Executive Law, and that the Secretary must approve such amendment prior to its becoming effective; and by Executive Law § 376(5), which authorizes and directs the Secretary to do all things necessary or desirable to further and effectuate the general purposes and specific objectives of Article 18 of the Executive Law.

2. LEGISLATIVE OBJECTIVES.

Under current New York law, one and two family dwellings and apartments must be equipped with carbon monoxide detectors, but no such requirement exists for restaurants and commercial buildings. The absence of detection devices in nonresidential occupancies has contributed to instances of illness and death among patrons and employees. Chapter 541 of the Laws of 2014 amended Executive Law § 378 to require that the Uniform Code include standards for carbon monoxide detection in commercial buildings and every building that contains one or more restaurants. By requiring that restaurants and commercial buildings follow the same standards as residences, the Legislature demonstrates that its objectives are to reduce the number of deaths and injuries caused by carbon monoxide poisoning, and to provide safer environments for customers and employees.

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. In non fire situations, elevated carbon monoxide 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 carbon monoxide is not detectable by the senses, its presence and concentration can only be determined by instruments such as carbon monoxide detection systems.

According to the United States Consumer Product Safety Commission, “on average, about 170 people in the United States die every year from CO produced by non-automotive consumer products.

According to the Center for Disease Control and Prevention, there were 68,316 non-fire-related CO exposures reported to poison centers between the years 2000 and 2009. (The Center for Disease Control and Prevention, Carbon Monoxide Exposures United States, 2000-2009, August 5, 2011, http://www.cdc.gov/mmwr/preview/ mmwrhtml/mm6030a2.htm.)

The Memorandum in Support of the bill enacting Executive Law § 378(5-d) states that the failure to mandate carbon monoxide detectors in commercial buildings has contributed to cases of illness and death among patrons and employees.

This rule implements Executive Law § 378(5-d) by requiring the installation of CO detecting devices in commercial buildings.

4. COSTS.

Cost to regulated parties.

Regulated parties (owners of new and existing commercial buildings that [1] contain one or more carbon monoxide sources and/or [2] contain a garage or other motor-vehicle related occupancy and/or [3] are attached to a garage or other motor-vehicle-related occupancy) will be required to install carbon monoxide detection (carbon monoxide alarms or carbon monoxide detection systems) in the places specified in this rule, to maintain those carbon monoxide alarms or carbon monoxide detection systems, and to replace those carbon monoxide alarms or carbon monoxide detection systems when they cease to operate as intended.

In each commercial building where carbon monoxide detection is required, such detection must be located in each “detection zone” that contains a carbon monoxide source, is served by an HVAC system that includes a carbon monoxide-producing component, or is adjacent to a garage or other motor-vehicle-related occupancy. In general, each story in a commercial building will be a “detection zone.”

Costs to regulated parties for compliance with this rule will vary depending on the size of such building, the number of carbon monoxide sources within the buildings, the wiring within the building, and the type of carbon monoxide detection (carbon monoxide alarms or a carbon monoxide detection system) the owner chooses to provide. The Department estimates that battery-powered carbon monoxide alarms cost approximately $50 (including installation costs). When carbon monoxide alarms are installed in new commercial buildings, the alarms must be hard-wired units with battery backup. The Department estimates that the total cost purchasing and installing hard-wired carbon monoxide alarms with battery backup will be approximately $125 per unit. Lastly, this rule will permit installation of a carbon monoxide detection system in lieu of carbon monoxide alarms. The total cost of purchasing and installing one detector and one notification appliance (a necessary component of the carbon monoxide detection system) will be approximately $348. In addition, a carbon monoxide detection system requires a control unit. The Department estimates that the cost of purchasing and installing a carbon monoxide detection system control unit will be approximately $1,100.

This rule will provide that carbon monoxide alarms and carbon monoxide detection systems must be maintained in an operative condition at all times, shall be replaced or repaired where defective, and shall be replaced when they cease to operate as intended. The on-going costs of complying with this rule will include the cost of maintaining carbon monoxide alarms and carbon monoxide detection systems in operative condition.

Costs to the Department of State, the State, and Local Governments

The Department anticipates that neither the Department nor the State nor the local governments in the State will incur any significant costs for the implementation or continued administration of this rule, except as follows:

First, the Department will provide instruction and technical assistance regarding new section 1228.4 and its requirements to code enforcement officials and to regulated parties. The Department anticipates that it will be able to use its existing staff to perform these functions.

Second, cities, towns, villages, counties, and State agencies responsible for administration and enforcement of the Uniform Code will be required (1) to see that their code enforcement personnel receive training on new section 1228.4 and its requirements, and (2) to enforce these new provisions.

Third, the State, which owns commercial buildings, as well as any local government that owns one or more commercial buildings, will be subject to the new requirements to be imposed by new section 1228.4 and will be required to comply with those requirements. In this context, the State and any local government that owns commercial buildings will be regulated parties, and will incur compliance costs similar to those discussed above for other regulated parties.

5. PAPERWORK.

This rule will require carbon monoxide detection systems to comply with the Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment, published by the National Fire Protection Association (NFPA 720). If a regulated party elects to install a CO detection system in lieu of CO alarms, such system must comply with NFPA 720. A small business or local government that elects to install a CO detection system will be required to comply with the reporting and recordkeeping requirements specified in NFPA 720 Sections 4.5.1.2, 4.5.2.3, 8.3, 8.5, 8.9, and 8.9.2. NFPA 720 provides standardized forms to be used for this recordkeeping.

6. LOCAL GOVERNMENT MANDATES.

This rule will impose no new programs, services, duties and responsibilities upon Local Governments, except as follows:

First, any Local Government that owns any existing commercial building or constructs any new commercial building will be required to install carbon monoxide alarm(s) or a carbon monoxide detection system in such building.

Second, cities, towns, villages, and counties charged by Executive Law Section 381 with the responsibility of administering and enforcing the Uniform Code will be required to enforce the provisions of new section 1228.4. Such cities, towns, villages, and counties will be required to see that their code enforcement personnel receive training on new section 1228.4.

7. DUPLICATION.

This rule does not duplicate, overlap or conflict with any other legal requirement of the Federal or State government known to the Department.

8. ALTERNATIVES.

The rule does not permit the use of plug in units or battery-powered carbon monoxide alarms in new commercial buildings. The Department considered the alternative of allowing the use of battery-powered carbon monoxide alarms in new commercial buildings. This alternative was rejected because the Department determined that the additional cost associated with requiring hard-wired carbon monoxide alarms in new buildings was minimal (compared to the additional cost associated with requiring hard-wired alarms in existing buildings).

The rule permits a building owner to choose between installing carbon monoxide alarms or a carbon monoxide detection system. The Department considered the alternative of requiring the installation of a carbon monoxide detection system in all commercial buildings. This alternative was rejected because it would unnecessarily increase the cost of bringing commercial buildings, particularly existing commercial buildings, into compliance with the new statutory mandate.

The rule requires carbon monoxide detection in each detection zone where at least one of the “triggering conditions” exists. The rule also requires carbon monoxide detection in more than one location in larger (over 10,000 square feet) detection zones. The Department considered alternatives such as requiring carbon monoxide detection only in the vicinity of each carbon monoxide source, allowing plug-in units in new and existing buildings, and allowing alternative listing entities. These alternatives were rejected because the Department determined that such reduced coverage would not have provided the increased level of safety contemplated by the Legislature when it added a new subdivision (5-d) to section 378 of the Executive Law.

9. FEDERAL STANDARDS.

This rule parallels similar federal standards for carbon monoxide exposure. The federal standards apply to buildings consisting of employees who are employed in a business that affects commerce (CFR Title 29, Part 1910, Subpart Z, § 1910.1000: Air contaminants). However, although these standards are similar, they measure carbon monoxide exposures differently from section 1228.4, therefore making it difficult to conclude whether they exceed these standards. For example, CFR Title 29, Part 1910, Subpart Z, § 1910.1000 limits an employee’s exposure to 50 ppm over an 8-hour weighted average, comparable to a typical workday. By contrast, carbon monoxide alarms required by section 1228.4 sound an alarm after detecting higher concentrations - 100 ppm or 400 ppm -over a much shorter period of time.

10. COMPLIANCE SCHEDULE.

Regulated parties that own existing commercial buildings will be able to comply with this rule by purchasing and installing battery-operated carbon monoxide alarms of the type currently on the market. The Department anticipates that regulated parties that own existing commercial buildings should be able to comply with this rule by the end of the “transition period” (June 27, 2015 through June 27, 2016) established by this rule.

Regulated parties constructing new commercial buildings will be able to comply with this rule by installing hard-wired carbon monoxide alarms or carbon monoxide detection systems as part of the construction process.

1. EFFECT OF RULE

This rule will implement the provisions of new subdivision (5-d) of Executive Law § 378, as added by Chapter 541 of the Laws of 2014. Specifically, this rule will amend the State Uniform Fire Prevention and Building Code (Uniform Code) by adding a new section 1228.4 (entitled “Carbon Monoxide Detection in Commercial Buildings”) to 19 NYCRR Part 1228. New section 1228.4 will require the installation of carbon monoxide (CO) detecting devices in all new and existing commercial buildings.

Types and Estimated Number of Small Businesses and Local Governments Affected

This rule will affect any small business or local government that owns an existing commercial building or constructs a new commercial building. In addition, since landlords typically recover building-related costs by increasing rents, this rule will indirectly affect any small business or local government that rents space in a commercial building. The Department of State (the Department) is not able to estimate the number of small businesses and local governments that will be directly or indirectly affected by this rule; however, the Department anticipates that most small businesses and local governments will be directly or indirectly affected by this rule.

In addition, since this rule adds provisions to the Uniform Code, the activities of each local government that is responsible for administering and enforcing the Uniform Code will be affected by this rule. The Department estimates 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. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS

Reporting and Recordkeeping Requirements

If a regulated party elects to install a CO detection system in lieu of CO alarms, such system must comply with the Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment, published by the National Fire Protection Association (NFPA 720). A small business or local government that elects to install a CO detection system will be required to comply with the reporting and recordkeeping requirements specified in NFPA 720 Sections 4.5.1.2, 4.5.2.3, 8.3, 8.5, 8.9, and 8.9.2. NFPA 720 provides standardized forms to be used for this recordkeeping.

Other Compliance Requirements

Small businesses and local governments that own a new or existing commercial building that contains a CO source, contains a garage or other motor-vehicle-related occupancy, or is attached to a garage or other motor-vehicle-related occupancy will be required to install CO detection (CO alarms or a CO detection system) in the places specified in this rule, to maintain those CO alarms or CO detection systems, and to replace those CO alarms or CO detection systems when they cease to operate as intended.

In each commercial building where CO detection is required, such detection must be located in each “detection zone” that contains a CO source, is served by an HVAC system that includes a CO-producing component, or is adjacent to a garage or other motor-vehicle-related occupancy.

In general, each story of a commercial building will be a “detection zone.” However, if different portions of a story are served by separate HVAC systems, each such portion of the story will be a separate detection zone. In addition, each classroom in a K-12 educational building will be deemed to be a separate detection zone.

As a general rule, when CO detection must be provided in a detection zone, the CO detection must be placed in a central location within the detection zone. However, if the detection zone is larger than 10,000 square feet, additional CO detection must be placed in such additional locations as may be necessary to assure that no point in the detection zone is more than 100 feet from CO detection.

In an existing commercial building (or in a new or existing commercial building without commercial electric power), CO alarms powered by 10-year batteries are permitted.¹ When CO alarms are installed in new commercial buildings, the alarms must be hard-wired units with battery backup.

This rule also permits installation of a CO detection system in lieu of CO alarms. A CO detection system (1) must comply with NFPA 720, (2) must have a detector at each location where a CO alarm otherwise would have been required, and (3) must have a notification appliance at each location specified in NFPA 720 or, in the alternative, at each location where a CO alarm otherwise would have been required.

There are several additional compliance requirements. For example:

(1) When a CO alarm is installed in a normally unoccupied detection zone in a new commercial building, that alarm must be interconnected with a CO alarm that is placed in an adjacent and normally occupied detection zone; and

(2) In the case of a new commercial building that (i) has an occupant load of 31 or more and (ii) is classified, in whole or in part, as Educational Group E under Chapter 3 of the 2010 Building Code of New York State (BCNYS), this rule will provide that CO alarm signals must be automatically transmitted to an approved on-site location that is normally staffed by school personnel during normal school hours.

(3) CO detection systems shall be connected to control units and off-premises signal transmission in accordance with the requirements of the BCNYS.

3. PROFESSIONAL SERVICES

If a small business or local government elects to install a CO detection system (in lieu of CO alarms), the small business or local government must hire service personnel with the qualifications and experience listed in NFPA 720 Section 8.3 in order to install and maintain the CO detection system.

In addition, in certain situations a small business or local government that elects to install a CO detection system may be required to hire a person holding an appropriate license under General Business Law Article 6-D to install, service or maintain such CO detection system.

4. COMPLIANCE COSTS

Initial Costs of Compliance

The initial capital costs of complying with the rule will include the cost of purchasing and installing the CO alarms or CO detection systems. Costs to regulated parties for compliance with this rule will vary depending on the size of such building, the number of CO sources within the buildings, the wiring within the building, and the type of CO detection (CO alarms or a CO detection system) the owner chooses to provide.²

In an existing commercial building (or in a new or existing commercial building without commercial electric power), CO alarms powered by 10-year batteries are permitted. The Department estimates that the cost of purchasing and installing such battery-powered CO alarms is approximately $50.

When CO alarms are installed in new commercial buildings, the alarms must be hard-wired units with battery backup. The Department estimates that total cost purchasing and installing hard-wired CO alarms with battery backup will be approximately $125 per unit.

This rule will permit installation of a CO detection system in lieu of CO alarms. A CO detection system (1) must comply with NFPA 720, (2) must have a detector at each location where a CO alarm otherwise would have been required, and (3) must have a notification appliance at each location specified in NFPA 720 or, in the alternative, at each location where a CO alarm otherwise would have been required. The Department estimates that (1) the cost of each detector in a CO detection system will be approximately $55, (2) the cost of each notification appliance used in a CO detection system will be approximately $78, (3) the cost of installing one detector and one notification appliance will be approximately $215, and (4) the total cost of purchasing and installing one detector and one notification appliance will be approximately $348. In addition, a CO detection system requires a control unit. The Department estimates that the cost of purchasing and installing a CO detection system control unit will be approximately $1,100.³ The estimated installation costs specified in this paragraph include the cost of installing the components and the cost of interconnecting the components.

In certain situations, a CO alarm installed in a new commercial building must be a “multiple station” alarm (i.e., must be interconnected with at least one other CO alarm in the building). The Department estimates that (1) the median price of multiple station CO alarms that are hard-wired and have battery backup to be approximately $38 per unit, (2) the cost of installing such alarms will be approximately $90 per unit, and (3) the cost of providing interconnection between an alarm in a normally unoccupied detection zone and an alarm in an adjacent, normally occupied detection zone will be approximately $150.

In the case of a new commercial building classified, in whole or in part, as Educational Group E under Chapter 3 of the 2010 BCNYS, CO alarm signals must be automatically transmitted to an approved on-site location that is normally staffed by school personnel during normal school hours. The Department estimates that the median price of multiple station CO alarms that are hard-wired and have battery backup will be approximately $38 per unit; (2) the cost of installing such alarms will be approximately $90 per unit; and (3) the cost of providing interconnection between the detection zone (classroom) to an on-site location up to 100 feet away will be approximately $250.

This rule will provide that CO detection systems must be “monitored” (i.e., connected to control units and off-premises signal transmission). If a CO detection system is installed in a building that does not have a fire alarm system, the Department estimates that the cost of purchasing and installing the control unit required to provide “monitoring” of the CO detection system will be approximately $1,100.

On-going Costs of Compliance

This rule will provide that CO alarms and CO detection systems must be maintained in an operative condition at all times, shall be replaced or repaired where defective, and shall be replaced when they cease to operate as intended.

In the case of a battery-powered CO alarm, such maintenance would include vacuuming the alarm cover to remove accumulated dust (typically one a month) and replacing the alarm at the conclusion of its 10-year lifespan.

In the case of a hard-wired CO alarm with battery backup, the required maintenance would include vacuuming the alarm cover to remove accumulated dust (typically one a month) and replacing the backup battery as required (although it is anticipated that backup batteries in such alarms should not need to be replaced during the anticipated life of the alarm).

In addition, most manufacturers recommend that their CO alarms (whether battery-powered or hard-wired) be checked using the alarm’s “test” button on a periodic basis (typically once a week) and replaced on a periodic basis (typically once every five years).

Regulated parties constructing new commercial buildings will be able to comply with this rule by installing hard-wired CO alarms or CO detection systems as part of the construction process. This rule will require CO detection systems to comply with NFPA 720.

Variations in Costs

Any variation in compliance costs for small businesses or local governments is likely to depend more on the number and size of commercial buildings owned by the small business or local government, not on the type or size of the small business or local government.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY

It is economically and technologically feasible for small businesses and local governments to comply with new section 1228.4.

Regulated parties that own existing commercial buildings will be able to comply with this rule by purchasing and installing battery-operated CO alarms of the type currently on the market. The Department anticipates that regulated parties that own existing commercial building should be able to comply with this rule by the end of the “transition period” (June 27, 2015 through June 27, 2016) established by this rule.

Regulated parties constructing new commercial buildings will be able to comply with this rule by installing hard-wired CO alarms or CO detection systems as part of the construction process

No new technology need be developed for compliance.

6. MINIMIZING ADVERSE IMPACT

The rule minimizes potential adverse economic impacts on regulated parties by providing several alternative means of compliance, including the option of installing battery powered carbon monoxide alarms in existing commercial buildings and in commercial buildings with no commercial electric power; providing exemptions for commercial buildings classified as Storage Group S or Utility and Miscellaneous Group U and occupied only occasionally for building or equipment maintenance and for commercial buildings that are “canopies” (as defined in the 2010 Fire Code of New York State); providing a number of exceptions for certain detection zones that would otherwise require CO detection; and establishing a “transition period” to provide owners of existing commercial buildings with additional time to achieve full compliance.

Providing exemptions from coverage by the rule, or any part thereof, for commercial buildings owned by small businesses or local governments would not be consistent with legislative objectives and would endanger public health, safety, and general welfare.

7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION

The Department notified interested parties throughout the State of the proposed adoption of this rule by means of notices posted on the Department’s website and notices published in “Building New York”, a monthly electronic news bulletin covering topics related to the Uniform Code and the construction industry.

8. VIOLATIONS AND PENALTIES ASSOCIATED WITH VIOLATIONS

The rule includes a subdivision that provides, in effect, a “cure period or other opportunity for ameliorative action, the successful completion of which will prevent the imposition of penalties on the party or parties subject to enforcement” in this rule. Subdivision (p) of new section 1228.4 provides that during the “transition period” (June 27, 2015 to June 27, 2016), the owner of an existing commercial building shall not be deemed to be in violation of section 1228.4 if the owner provides the authority having jurisdiction with a written statement certifying that such owner is attempting in good faith to install carbon monoxide detection that complies with the requirements of new section 1228.4 in such owner’s existing commercial building as quickly as practicable.

All owners of existing commercial buildings will be required to have such carbon monoxide detection fully installed and operational by the end of the transition period.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS

This rule will implement the provisions of new subdivision (5-d) of Executive Law § 378, as added by Chapter 541 of the Laws of 2014. Specifically, this rule will amend the State Uniform Fire Prevention and Building Code (Uniform Code) by adding a new section 1228.4 (entitled “Carbon Monoxide Detection in Commercial Buildings”) to 19 NYCRR Part 1228. New section 1228.4 will require the installation of carbon monoxide (CO) detecting devices in all new and existing commercial buildings. 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

Reporting and Recordkeeping Requirements

If a regulated party elects to install a CO detection system in lieu of CO alarms, such system must comply with the Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment, published by the National Fire Protection Association (NFPA 720). A small business or local government that elects to install a CO detection system will be required to comply with the reporting and recordkeeping requirements specified in NFPA 720 Sections 4.5.1.2, 4.5.2.3, 8.3, 8.5, 8.9, and 8.9.2. NFPA 720 provides standardized forms to be used for this recordkeeping.

Other Compliance Requirements

The owner of a new or existing commercial building that contains a CO source, contains a garage or other motor-vehicle-related occupancy, or is attached to a garage or other motor-vehicle-related occupancy will be required to install CO detection (CO alarms or a CO detection system) in the places specified in this rule, to maintain those CO alarms or CO detection systems, and to replace those CO alarms or CO detection systems when they cease to operate as intended.

In each commercial building where CO detection is required, such detection must be located in each “detection zone” that contains a CO source, is served by an HVAC system that includes a CO-producing component, or is adjacent to a garage or other motor-vehicle-related occupancy.

In general, each story of a commercial building will be a “detection zone.” However, if different portions of a story are served by separate HVAC systems, each such portion of the story will be a separate detection zone. In addition, each classroom in a K-12 educational building will be deemed to be a separate detection zone.

As a general rule, when CO detection must be provided in a detection zone, the CO detection must be placed in a central location within the detection zone. However, if the detection zone is larger than 10,000 square feet, additional CO detection must be placed in such additional locations as may be necessary to assure that no point in the detection zone is more than 100 feet from CO detection.

In an existing commercial building (or in a new or existing commercial building without commercial electric power), CO alarms powered by 10-year batteries are permitted.¹ When CO alarms are installed in new commercial buildings, the alarms must be hard-wired units with battery backup.

This rule also permits installation of a CO detection system in lieu of CO alarms. A CO detection system (1) must comply with NFPA 720, (2) must have a detector at each location where a CO alarm otherwise would have been required, and (3) must have a notification appliance at each location specified in NFPA 720 or, in the alternative, at each location where a CO alarm otherwise would have been required.

There are several additional compliance requirements. For example:

(1) When a CO alarm is installed in a normally unoccupied detection zone in a new commercial building, that alarm must be interconnected with a CO alarm that is placed in an adjacent and normally occupied detection zone; and

(2) In the case of a new commercial building that (i) has an occupant load of 31 or more and (ii) is classified, in whole or in part, as Educational Group E under Chapter 3 of the 2010 Building Code of New York State (BCNYS), this rule will provide that CO alarm signals must be automatically transmitted to an approved on-site location that is normally staffed by school personnel during normal school hours.

(3) CO detection systems shall be connected to control units and off-premises signal transmission in accordance with the requirements of the BCNYS.

3. PROFESSIONAL SERVICES

If the owner of a commercial building elects to install a CO detection system (in lieu of CO alarms), the building owner must hire service personnel with the qualifications and experience listed in NFPA 720 Section 8.3 in order to install and maintain the CO detection system.

In addition, in certain situations an owner of a commercial building who elects to install a CO detection system may be required to hire a person holding an appropriate license under General Business Law Article 6-D to install, service or maintain such CO detection system.

4. COMPLIANCE COSTS

Initial Costs of Compliance

The initial capital costs of complying with the rule will include the cost of purchasing and installing the CO alarms or CO detection systems. Costs to regulated parties for compliance with this rule will vary depending on the size of such building, the number of CO sources within the building, the wiring within the building, and the type of CO detection (CO alarms or a CO detection system) the owner chooses to provide.²

In an existing commercial building (or in a new or existing commercial building without commercial electric power), CO alarms powered by 10-year batteries are permitted. The Department of State (DOS) estimates that the cost of purchasing and installing such battery-powered CO alarms is approximately $50.

When CO alarms are installed in new commercial buildings, the alarms must be hard-wired units with battery backup. DOS estimates that total cost purchasing and installing hard-wired CO alarms with battery backup will be approximately $125 per unit.

This rule will permit installation of a CO detection system in lieu of CO alarms. A CO detection system (1) must comply with NFPA 720, (2) must have a detector at each location where a CO alarm otherwise would have been required, and (3) must have a notification appliance at each location specified in NFPA 720 or, in the alternative, at each location where a CO alarm otherwise would have been required. DOS estimates that (1) the cost of each detector in a CO detection system will be approximately $55, (2) the cost of each notification appliance used in a CO detection system will be approximately $78, (3) the cost of installing one detector and one notification appliance will be approximately $215, and (4) the total cost of purchasing and installing one detector and one notification appliance will be approximately $348. In addition, a CO detection system requires a control unit. DOS estimates that the cost of purchasing and installing a CO detection system control unit will be approximately $1,100.³ The estimated installation costs specified in this paragraph include the cost of installing the components and the cost of interconnecting the components.

In certain situations, a CO alarm installed in a new commercial building must be a “multiple station” alarm (i.e., must be interconnected with at least one other CO alarm in the building). DOS estimates that (1) the median price of multiple station CO alarms that are hard-wired and have battery backup to be approximately $38 per unit, (2) the cost of installing such alarms will be approximately $90 per unit, and (3) the cost of providing interconnection between an alarm in a normally unoccupied detection zone and an alarm in an adjacent, normally occupied detection zone will be approximately $150.

In the case of a new commercial building classified, in whole or in part, as Educational Group E under Chapter 3 of the 2010 BCNYS, CO alarm signals must be automatically transmitted to an approved on-site location that is normally staffed by school personnel during normal school hours. DOS estimates that the median price of multiple station CO alarms that are hard-wired and have battery backup will be approximately $38 per unit; (2) the cost of installing such alarms will be approximately $90 per unit; and (3) the cost of providing interconnection between the detection zone (classroom) to an on-site location up to 100 feet away will be approximately $250.

This rule will provide that CO detection systems must be “monitored” (i.e., connected to control units and off-premises signal transmission). If a CO detection system is installed in a building that does not have a fire alarm system, DOS estimates that the cost of purchasing and installing the control unit required to provide “monitoring” of the CO detection system will be approximately $1,100.

On-going Costs of Compliance

This rule will provide that CO alarms and CO detection systems must be maintained in an operative condition at all times, shall be replaced or repaired where defective, and shall be replaced when they cease to operate as intended.

In the case of a battery-powered CO alarm, such maintenance would include vacuuming the alarm cover to remove accumulated dust (typically one a month) and replacing the alarm at the conclusion of its 10-year lifespan.

In the case of a hard-wired CO alarm with battery backup, the required maintenance would include vacuuming the alarm cover to remove accumulated dust (typically one a month) and replacing the backup battery as required (although it is anticipated that backup batteries in such alarms should not need to be replaced during the anticipated life of the alarm).

In addition, most manufacturers recommend that their CO alarms (whether battery-powered or hard-wired) be checked using the alarm’s “test” button on a periodic basis (typically once a week) and replaced on a periodic basis (typically once every five years).

Regulated parties constructing new commercial buildings will be able to comply with this rule by installing hard-wired CO alarms or CO detection systems as part of the construction process. This rule will require CO detection systems to comply with NFPA 720.

Variations in Costs

Any variation in compliance costs for public and private entities in rural areas is likely to depend on the number and size of commercial buildings owned by a public or private entity, and not on differences between types of public and private entities in rural areas.

5. MINIMIZING ADVERSE IMPACT

The rule minimizes potential adverse economic impacts on regulated parties by providing several alternative means of compliance (including the option of installing battery powered carbon monoxide alarms in existing commercial buildings and in commercial buildings with no commercial electric power); providing exemptions for commercial buildings classified as Storage Group S or Utility and Miscellaneous Group U and occupied only occasionally for building or equipment maintenance and for commercial buildings that are “canopies” (as defined in the 2010 FCNYS); providing a number of exceptions for certain detection zones that would otherwise require CO detection; and establishing a “transition period” to provide owners of existing commercial buildings with additional time to achieve full compliance.

Executive Law § 378(5-d) requires the owners of every commercial building and the owner of every building containing one or more restaurants to install operable CO detecting devices if such buildings contains any appliance, equipment, device or system that may emit CO or has an attached garage. Executive Law § 378(5-d) makes no distinction between commercial buildings located in rural areas and commercial buildings located in other areas of the State. Executive Law § 378(5-d) does not authorize the establishment of differing compliance requirements or timetables for commercial buildings located in rural areas. Providing exemptions from coverage by the rule, or any part thereof, for commercial buildings located in rural areas would not be consistent with legislative objectives and would endanger public health, safety, and general welfare.

6. RURAL AREA PARTICIPATION

DOS notified interested parties throughout the State, including interested parties in rural areas, of the proposed adoption of this rule by means of notices posted on the Department’s website and notices published in Building New York, a monthly electronic news bulletin covering topics related to the Uniform Code and the construction industry.

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.

This rule amends the State Uniform Fire Prevention and Building Code (the Uniform Code) to require that the installation of carbon monoxide detecting devices (carbon monoxide alarms or carbon monoxide detection systems) in all commercial buildings that contain a carbon monoxide source, contain a garage or other motor-vehicle-related occupancy and/or are attached to a garage or other motor-vehicle-related occupancy. This amendment is required to satisfy the requirements of subdivision (5-d) of section 378 of the Executive Law, as added by Chapter 541 of the Laws of 2014.

This rule will require the installation of carbon monoxide detecting devices in “existing commercial buildings” (defined in this rule as a commercial building constructed prior to January 1, 2016). However, potential adverse economic impact on regulated parties is minimized by the provisions of the rule that allow the use of battery powered carbon monoxide alarms in existing commercial buildings. (The rule also permits the use of battery powered carbon monoxide alarms in new and existing commercial buildings without a commercial electric power.)

This rule will also require the installation of carbon monoxide detecting devices in new commercial buildings. However, potential adverse economic impact on regulated parties is minimized by the provisions of the rule that permit the installation of carbon monoxide alarms even in new commercial buildings (although carbon monoxide alarms installed in new commercial buildings must be hard-wired, with battery backup). Regulated parties will also be permitted to install carbon monoxide detection systems; in the case of a building that is required by other, already existing provisions of the Uniform Code to have a fire alarm system, the additional cost of adding a carbon monoxide detection system is expected to be modest. In any event, whether an owner chooses to install hard-wired carbon monoxide alarms with battery backup or a carbon monoxide detection system in a new commercial building, the costs of purchasing, installing and maintaining the carbon monoxide detecting devices required by this rule is expected to be insignificant in comparison to the total cost of construction. Therefore, this rule should have no substantial adverse impact on construction of new commercial buildings and, consequently, this rule should have no substantial adverse impact on jobs and employment opportunities related to the construction of new commercial buildings.

The Uniform Code has contained provisions requiring installation of carbon monoxide alarms in residential buildings since 2002. The current requirements relating to installation of alarms in residential buildings will not be changed by this rule. Therefore, this rule should have no substantial adverse impact on jobs and employment opportunities related to the construction of new residential buildings.