N.Y. General Business Law § 391-k: Automatic garage door opening systems

§ 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.