2014 New York Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
391-K - Automatic garage door opening systems.

NY Gen Bus L § 391-K (2014) What's This?

391-k. Automatic garage door opening systems. 1. As used in this section, unless the context requires otherwise:

(a) "Automatic garage door opening system" means a system of devices and equipment that when connected to a garage door automatically opens and closes a garage door. This term does not include the garage door, garage door springs, tracks, or other hardware associated with the garage door.

(b) "Garage" means a building or a portion of a building designed or used for the storage or repair of a motor vehicle or other items.

(c) "Residential building" means a private dwelling or a multiple dwelling as defined in section four of the multiple dwelling law and section four of the multiple residence law that includes an attached or unattached garage.

2. (a) No person shall manufacture, sell, offer for sale, at retail or wholesale, or install in this state an automatic garage door opening system for a residential building that does not have an automatic reverse safety device which complies with the applicable requirements set forth in the American National Standards Underwriters Laboratories, Inc., Standards for Safety-ANSI/UL 325-30.1 and 325-30.2, Third Edition, as revised May 4, 1988.

(b) No person shall service or repair an automatic garage door opening system in this state that does not comply with paragraph (a) of this subdivision unless such service brings such system into compliance with paragraph (a) of this subdivision after the repair or service. Notwithstanding the foregoing the person servicing or repairing the garage door, the garage door springs, tracks, or other hardware associated with the door shall determine whether or not the automatic garage door opening system complies with the entrapment protection requirements in the American National Standards Underwriters Laboratories, Inc., Standards for Safety-ANSI/UL 325-30.1 and 325-30.2, as revised May fourth, nineteen hundred eighty-eight by conducting an on-site test of the system. If the automatic garage door opening system does not pass the required on-site test, the person conducting the test shall complete and conspicuously affix to the automatic garage door opening system, a warning label that shall contain all but may not be limited to the information set forth below. The following complies with this requirement, but the person conducting the on-site test is permitted to develop his own warning label containing the required information:

DANGER This automatic garage door opening system was tested and does not meet the requirements for a working safety reverse feature. This is dangerous and may cause serious injury or death. You are hereby advised to disconnect the opener from the door immediately and operate the door manually until the automatic garage door opening system has been replaced or repaired with one that meets current safety standards as provided in New York state law, paragraph (a) of subdivision two of section 391-k of the general business law. _____________________ ______________________ MODEL Name of tester ____________________ ______________________ Manufacturer Firm Name ____________________ ______________________ Serial Number Firm Address/Phone Number ____________________ Date

The firm of the agent or the person who affixed the label shall provide written notification within ten days of the on-site test to the owner or person responsible for the maintenance of the residence that the automatic garage door opening system did not comply with paragraph (a) of this subdivision.

3. (a) In addition to the requirements of subdivision two of this section, on and after January first, nineteen hundred ninety-three, no person shall manufacture, sell or offer for sale at retail or wholesale, or install in this state an automatic garage door opening system for a residential building unless such system is equipped with a tactile garage door edge sensor, an optical sensor, or a similar entrapment protection device that when activated is designed to cause a closing door to open and prevent an open door from closing. This device shall be designed and built so that a failure of the device prevents the door from closing.

(b) On and after January first, nineteen hundred ninety-three, a person servicing or repairing an automatic garage door opening system in this state that does not comply with paragraph (a) of this subdivision shall provide written notification within ten days to the owner or person responsible for the maintenance of the residence that the automatic garage door opening system does not meet the requirements for entrapment protection that New York state law provides, that this is dangerous and may cause serious injury and death, and that the automatic garage door opening system should be equipped with an additional entrapment protection device as described in paragraph (a) of this subdivision.

4. Any manufacturer selling or offering for sale at retail or wholesale an automatic garage door opening system for residential buildings shall comply with federal labeling requirements contained in section 203 of Public Law 101-608, as amended.

5. Any manufacturer selling or offering for sale automatic garage door opening systems at retail or wholesale in this state shall include with each system installation, operation, maintenance instructions and warning decals with operational testing safety device instructions. Any person installing, servicing or repairing an automatic garage door opening system shall comply with those instructions.

6. (a) Any person injured by a violation of this section may bring an action for the recovery of damages. Judgment may be entered in favor of such person in an amount not to exceed three times the actual damages or one hundred dollars, whichever is greater. The court may award reasonable attorney's fees to a prevailing plaintiff.

(b) In addition to the other remedies provided, whenever there shall be a violation of this section, application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuation of such violations; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. In any proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules and direct restitution. Whenever the court or justice shall determine that a violation of paragraph (a) of subdivision two, paragraph (a) of subdivision three, subdivision four or subdivision five of this section has occurred, the court or justice may impose a civil fine of not more than one thousand dollars per violation. Whenever the court or justice shall determine that a violation of paragraph (b) of subdivision two or paragraph (b) of subdivision three of this section has occurred, the court or justice may impose a civil fine of not more than five hundred dollars per violation. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.

7. Residential applications of automatic garage door opening systems manufactured for commercial purposes shall comply with this chapter, except that the entrapment protection standards shall be the American National Standards Underwriters Laboratories, Inc., Standard for Safety-ANSI/UL 325-29 in lieu of the American National Standards Underwriters Laboratories, Inc., Standard for Safety-ANSI/UL 325-30.1 and 325-30.2. Notwithstanding the foregoing, on and after January first, nineteen hundred ninety-three, all commercial or residential automatic garage door opening systems installed for use in any residence shall comply with the Underwriters Laboratories, Inc., Standard for Safety-ANSI/UL 325-30.1 and 325-30.2 and paragraph (a) of subdivision three of this section or any other similar entrapment provisions.


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