Suffolk County, NY Chapter 360 Carbon Monoxide Detectors

[HISTORY: Adopted by the Suffolk County Legislature 5-17-2005 by L.L. No. 15-2005 (Ch. 236 of the 1985 Code). Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]

GENERAL REFERENCES

Home improvement — See Ch. 517.

Licensing of electricians and plumbers — See Ch. 563, Art. XI.

§ 360-1 Legislative intent.

A. This Legislature hereby finds that carbon monoxide poisoning is the leading cause of accidental poisoning deaths in the United States.

B. This Legislature further finds that low-level carbon monoxide poisoning causes symptoms similar to those of flu or cold, including shortness of breath, mild headaches, and nausea, while higher levels of carbon monoxide poisoning can lead to dizziness, mental confusion, severe headaches, nausea, and fainting.

C. This Legislature also finds and determines that carbon monoxide detectors sound an alarm before the exposure to carbon monoxide presents a hazard to a healthy adult.

D. This Legislature determines that carbon monoxide poisoning can be caused by a variety of appliances and conditions commonly found in the home.

E. This Legislature also finds that New York State law requires carbon monoxide detectors to be installed in new residential construction.

F. Therefore, the purpose of this chapter is to require any homeowner who installs a new heating system in an existing residence within the County of Suffolk to install a carbon monoxide detector.

§ 360-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CARBON MONOXIDE DETECTOR

A UL-listed device which will sound an alarm before dangerous levels of carbon monoxide (CO) accumulate.

HOME HEATING SYSTEM

Any residential burner, forced warm air or hydronic heating unit, or any direct-fired water heating unit which uses, as its primary fuel, No. 2 fuel oil, natural gas, or liquefied petroleum gas/propane.

INSTALLER

Any natural person, corporation, unincorporated association, firm, partnership, limited-liability corporation, joint venture, joint-stock association or other entity or business organization of any kind who/that installs a home heating system.

[Added 12-20-2005 by L.L. No. 2-2006]

RESIDENCE

Any one- or two-family house or dwelling accommodation located in a building owned as a condominium or cooperative in the County of Suffolk.

VIOLATION

The failure of an installer of a home heating system to fulfill its obligations in accordance with § 360-3B and C below.

[Added 12-20-2005 by L.L. No. 2-2006]

§ 360-3 Requirements.

A. Whenever a home heating system is installed in an existing residence within the County of Suffolk, the owner of such residence shall install, or caused to be installed, a carbon monoxide detector; except, however, this section shall not apply if a working carbon monoxide detector is already installed in such premises.

B. Prior to installation of a home heating system, the installer of such heating system shall notify the owner of the residence, in writing, of the requirements of this section on a form as attached hereto as Exhibit A, which form may be amended as determined by the Director of the Suffolk County Office of Consumer Affairs.[1] One copy of said form shall be given to the homeowner by the installer, and one copy of said form shall be retained by the installer for a period of at least seven years from the date of signature of the homeowner.

[1] Editor's Note: Exhibit A is on file in the County offices.

C. Each alarm required to be installed by this section shall be mounted in accordance with the manufacturer's instructions, and shall be installed as required by all applicable codes and regulations, including, but not limited to, the Suffolk County Department of Health Services Carbon Monoxide Alarm Standards.

§ 360-4 Penalties for offenses.

[Added 12-20-2005 by L.L. No. 2-2006]

A. Any violation of this chapter shall result in the imposition of a fine upon an installer in an amount not to exceed $750 for a first violation and $1,500 for any subsequent violation, and/or the suspension or revocation of the installer's license issued pursuant to Chapter 345, Licensed Occupations, Article XI, of the Suffolk County Code, and/or the denial of an application for the renewal of the installer's license issued pursuant to Chapter 345, Licensed Occupations, Article XI, of the Suffolk County Code.

B. No license issued pursuant to Chapter 345, Licensed Occupations, Article XI, of the Suffolk County Code shall be suspended or revoked nor a fine imposed until after a hearing has been held before the Director of the Suffolk County Office of Consumer Affairs upon at least seven business days' notice to the installer. Such notice shall be served either personally or by certified mail, return receipt requested, to the last known address of the installer and shall state the date and place of the hearing as well as enumerate the grounds constituting the allegations against such installer. The installer may be represented by counsel and may produce witnesses in his or her own behalf. A record of the hearing shall be taken and preserved. For purposes of such hearing, the Director of the Suffolk County Office of Consumer Affairs may administer oaths, take testimony, subpoena witnesses and compel the production of books, papers, records or other documents deemed pertinent to the subject of the hearing.

§ 360-5 Enforcement.

[Amended 12-20-2005 by L.L. No. 2-2006]

The requirements in § 360-3B and C of this chapter, as they pertain to an installer of a home heating system, shall be enforced by the Suffolk County Office of Consumer Affairs.

§ 360-6 Applicability.

This chapter shall apply to residential home heating system installations subsequent to the effective date of this chapter.