Section 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.