[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.]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
A UL-listed device which will sound an alarm before dangerous
levels of carbon monoxide (CO) accumulate.
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.
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]
Any one- or two-family house or dwelling accommodation located
in a building owned as a condominium or cooperative in the County
of Suffolk.
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.
[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.
[Amended 12-20-2005 by L.L. No. 2-2006]
This chapter shall apply to residential home heating system
installations subsequent to the effective date of this chapter.