[HISTORY: Adopted by the Rockland County Legislature 1-21-2003
by L.L. No. 2-2003. Amendments noted where applicable.]
The Legislature of Rockland County hereby finds that carbon monoxide,
a colorless, odorless, poisonous gas, produced by incomplete burning of solid,
liquid and gaseous fuels used to heat homes or to operate motor vehicles,
cook and produce heated water, presents a danger to the health of Rockland
County's residents in their homes. The Legislature of Rockland County
further finds that the loss of life caused by carbon monoxide poisoning is
preventable by the proper installation and use of carbon monoxide detectors
and alarms in residential housing.
As used in this chapter, the following terms shall have the meanings
indicated:
An assembly comprised of a carbon monoxide detector and an audible
alarm in one unit, which, upon detection of carbon monoxide, activates the
alarm. Detectors shall be of types approved by Underwriter's Laboratories,
Inc. Units shall be equipped with a digital readout of the carbon monoxide
concentration, which displays continuously or when in an alarm condition.
The device shall be equipped with a display to indicate the maximum carbon
monoxide concentration recorded since the feature was last reset. Detectors
directly connected to the electrical system of the dwelling shall contain
an independent battery backup system.
Shall be as defined in the New York State Uniform Fire Prevention
and Building Code. "Multiple dwelling" includes, but is not limited to, hotels,
motels, apartment houses, lodging houses, community residences, old age homes,
dormitories, fraternity houses and sorority houses.
Carbon monoxide detectors and alarms shall be installed in the hallways
no less than eight feet from each bedroom on every floor or level of a one-family
or two-family dwelling and a mobile home where bedrooms are located. Carbon
monoxide detectors and alarms shall be installed on every floor or level of
a multiple dwelling, hotel and motel in Rockland County, within 40 feet of
all doors to dwelling units or sleeping areas in a corridor which serves dwelling
units. All carbon monoxide detectors and alarms shall either be directly connected
to the electrical system of the dwelling with no intervening wall switch or
shall be battery-powered. Plug-in-type carbon monoxide detectors and alarms
with no intervening wall switch shall be permitted. Each carbon monoxide detector
and alarm shall be mounted in accordance with the manufacturer's instructions
or as required by regulations adopted pursuant to this chapter. Carbon monoxide
detectors and alarms shall not be mounted in areas of low air movement (dead
air spaces).
Every owner of a one-family dwelling, two-family dwelling, multiple
dwelling, hotel, motel and mobile home in Rockland County, whether for temporary
or permanent occupancy, shall be required to install and maintain within the
building operable carbon monoxide detectors and alarms in accordance with
this chapter as follows:
A.
For all new multiple dwellings, hotels, motels and rooming
houses in Rockland County built or occupied for the first time after January
1, 2003, the owner shall install in accordance with this chapter and shall
maintain within the building carbon monoxide detectors and alarms prior to
occupancy or transfer of ownership. The owner shall provide the Rockland County
Health Department with proof of such installation on a form to be promulgated
by the Rockland County Commissioner of Health within 30 days after the installation
of carbon monoxide detectors and alarms. All subsequent owners shall be responsible
for maintenance after occupancy.
B.
For all multiple dwellings, hotels, motels and rooming
houses in Rockland County built and occupied prior to January 1, 2003, whether
for temporary occupancy or for permanent occupancy, the owner shall install
in accordance with this chapter and maintain within the building carbon monoxide
detectors and alarms by April 1, 2003. The owner shall provide the Rockland
County Health Department with proof of such installation on a form to be promulgated
by the Rockland County Commissioner of Health by April 30, 2003. All subsequent
owners shall be responsible for maintenance after occupancy.
C.
For all one-family dwellings, mobile homes and two-family
dwellings, the owner shall install in accordance with this chapter within
the building carbon monoxide detectors and alarms prior to the closing of
title and the transfer of said property to a subsequent owner for such transfers
occurring after January 1, 2004. The owner shall provide the Rockland County
Health Department with proof of such installation on a form to be promulgated
by the Rockland County Health Commissioner within 30 days after the closing
of title and the transfer of said property to a subsequent owner. All subsequent
owners shall be responsible for maintenance after occupancy.
The Rockland County Commissioner of Health may adopt, subject to the
approval of the Rockland County Legislature, such regulations as he or she
deems necessary for the implementation of this chapter.
The Rockland County Department of Health and the Rockland County Department
of Fire and Emergency Services are requested, within 180 days of the adoption
of this chapter, to present to the Rockland County Legislature and to the
Rockland County Executive a plan for public education concerning the operation
and administration of this chapter, the nature and effects of carbon monoxide
in residential settings, and what to do in case a carbon monoxide detector
and alarm is activated.
Any person who violates a provision of this chapter or any regulations
promulgated pursuant to this chapter shall be subject to the imposition of
a civil penalty by the Rockland County Commissioner of Health in an amount
not exceeding $250 for a first violation in a single-family dwelling or mobile
home and not exceeding $500 for a first violation in a two-family dwelling,
multiple dwelling, hotel or motel. Each repeated violation in a single-family
dwelling or mobile home shall be subject to a penalty in an amount not exceeding
$500 for each continuing, succeeding time, and each repeated violation in
a two-family dwelling, multiple dwelling, hotel or motel dwelling shall be
subject to a penalty in an amount not exceeding $1,000 for each continuing,
succeeding time. Each day the violation exists thereafter shall be deemed
a separate additional violation. The penalty provided for by this chapter
may be sued for and recovered by the Rockland County Commissioner of Health
in the name of the County of Rockland in any court of competent jurisdiction.
No civil penalty shall be imposed as provided for herein unless the alleged
violator has received notice of the charge against him and has had an opportunity
to be heard as provided for in Article One of the Rockland County Sanitary
Code.
