N.Y. GBS Law § 391-K — New York Code / Act GBS / Article 26 / Section 391-K
Automatic garage door opening systems
Status: in_force

§ 391-k. Automatic garage door opening systems. 1. As used in this\nsection, unless the context requires otherwise:\n  (a) "Automatic garage door opening system" means a system of devices\nand equipment that when connected to a garage door  automatically opens\nand closes a garage door. This term does not include the garage door,\ngarage door springs, tracks, or other hardware associated with the\ngarage door.\n  (b) "Garage" means a building or a portion of a building designed or\nused for the storage or repair of a motor vehicle or other items.\n  (c) "Residential building" means a private dwelling or a multiple\ndwelling as defined in section four of the multiple dwelling law and\nsection four of the multiple residence law that includes an attached or\nunattached garage.\n  2. (a) No person shall manufacture, sell, offer for sale, at retail or\nwholesale, or install in this state an automatic garage door opening\nsystem for a residential building that does not have an automatic\nreverse safety device which complies with the applicable requirements\nset forth in the American National Standards Underwriters Laboratories,\nInc., Standards for Safety-ANSI/UL 325-30.1 and 325-30.2, Third Edition,\nas revised May 4, 1988.\n  (b) No person shall service or repair an automatic garage door opening\nsystem in this state that does not comply with paragraph (a) of this\nsubdivision unless such service brings such system into compliance with\nparagraph (a) of this subdivision after the repair or service.\nNotwithstanding the foregoing the person servicing or repairing the\ngarage door, the garage door springs, tracks, or other hardware\nassociated with the door shall determine whether or not the automatic\ngarage door opening system complies with the entrapment protection\nrequirements in the American National Standards Underwriters\nLaboratories, Inc., Standards for Safety-ANSI/UL 325-30.1 and 325-30.2,\nas revised May fourth, nineteen hundred eighty-eight by conducting an\non-site test of the system. If the automatic garage door opening system\ndoes not pass the required on-site test, the person conducting the test\nshall complete and conspicuously affix to the automatic garage door\nopening system, a warning label that shall contain all but may not be\nlimited to the information set forth below. The following complies with\nthis requirement, but the person conducting the on-site test is\npermitted to develop his own warning label containing the required\ninformation:\n                                  DANGER\nThis automatic garage door opening system was tested and does not meet\nthe requirements for a working safety reverse feature. This is dangerous\nand may cause serious injury or death. You are hereby advised to\ndisconnect the opener from the door immediately and operate the door\nmanually until the automatic garage door opening system has been\nreplaced or repaired with one that meets current safety standards as\nprovided in New York state law, paragraph (a) of subdivision two of\nsection 391-k of the general business law.\n_____________________                             ______________________\nMODEL                                             Name of tester\n____________________                              ______________________\nManufacturer                                      Firm Name\n____________________                              ______________________\nSerial Number                                   Firm Address/Phone Number\n____________________\nDate\n  The firm of the agent or the person who affixed the label shall\nprovide written notification within ten days of the on-site test to the\nowner or person responsible for the maintenance of the residence that\nthe automatic garage door opening system did not comply with paragraph\n(a) of this subdivision.\n  3. (a) In addition to the requirements of subdivision two of this\nsection, on and after January first, nineteen hundred ninety-three, no\nperson shall manufacture, sell or offer for sale at retail or wholesale,\nor install in this state an automatic garage door opening system for a\nresidential building unless such system is equipped with a tactile\ngarage door edge sensor, an optical sensor, or a similar entrapment\nprotection device that when activated is designed to cause a closing\ndoor to open and prevent an open door from closing. This device shall be\ndesigned and built so that a failure of the device prevents the door\nfrom closing.\n  (b) On and after January first, nineteen hundred ninety-three, a\nperson servicing or repairing an automatic garage door opening system in\nthis state that does not comply with paragraph (a) of this subdivision\nshall provide written notification within ten days to the owner or\nperson responsible for the maintenance of the residence that the\nautomatic garage door opening system does not meet the requirements for\nentrapment protection that New York state law provides, that this is\ndangerous and may cause serious injury and death, and that the automatic\ngarage door opening system should be equipped with an additional\nentrapment protection device as described in paragraph (a) of this\nsubdivision.\n  4. Any manufacturer selling or offering for sale at retail or\nwholesale an automatic garage door opening system for residential\nbuildings shall comply with federal labeling requirements contained in\nsection 203 of Public Law 101-608, as amended.\n  5. Any manufacturer selling or offering for sale automatic garage door\nopening systems at retail or wholesale in this state shall include with\neach system installation, operation, maintenance instructions and\nwarning decals with operational testing safety device instructions.  Any\nperson installing, servicing or repairing an automatic garage door\nopening system shall comply with those instructions.\n  6. (a) Any person injured by a violation of this section may bring an\naction for the recovery of damages. Judgment may be entered in favor of\nsuch person in an amount not to exceed three times the actual damages or\none hundred dollars, whichever is greater. The court may award\nreasonable attorney's fees to a prevailing plaintiff.\n  (b) In addition to the other remedies provided, whenever there shall\nbe a violation of this section, application may be made by the attorney\ngeneral in the name of the people of the state of New York to a court or\njustice having jurisdiction by a special proceeding to issue an\ninjunction, and upon notice to the defendant of not less than five days,\nto enjoin and restrain the continuation of such violations; and if it\nshall appear to the satisfaction of the court or justice that the\ndefendant has, in fact, violated this section, an injunction may be\nissued by such court or justice, enjoining and restraining any further\nviolation, without requiring proof that any person has, in fact, been\ninjured or damaged thereby. In any proceeding, the court may make\nallowances to the attorney general as provided in paragraph six of\nsubdivision (a) of section eighty-three hundred three of the civil\npractice law and rules and direct restitution. Whenever the court or\njustice shall determine that a violation of paragraph (a) of subdivision\ntwo, paragraph (a) of subdivision three, subdivision four or subdivision\nfive of this section has occurred, the court or justice may impose a\ncivil fine of not more than one thousand dollars per violation. Whenever\nthe court or justice shall determine that a violation of paragraph (b)\nof subdivision two or paragraph (b) of subdivision three of this section\nhas occurred, the court or justice may impose a civil fine of not more\nthan five hundred dollars per violation. In connection with any such\nproposed application, the attorney general is authorized to take proof\nand make a determination of the relevant facts and to issue subpoenas in\naccordance with the civil practice law and rules.\n  7. Residential applications of automatic garage door opening systems\nmanufactured for commercial purposes shall comply with this chapter,\nexcept that the entrapment protection standards shall be the American\nNational Standards Underwriters Laboratories, Inc., Standard for\nSafety-ANSI/UL 325-29 in lieu of the American National Standards\nUnderwriters Laboratories, Inc., Standard for Safety-ANSI/UL 325-30.1\nand 325-30.2. Notwithstanding the foregoing, on and after January first,\nnineteen hundred ninety-three, all commercial or residential automatic\ngarage door opening systems installed for use in any residence shall\ncomply with the Underwriters Laboratories, Inc., Standard for\nSafety-ANSI/UL 325-30.1 and 325-30.2 and paragraph (a) of subdivision\nthree of this section or any other similar entrapment provisions.\n