N.Y. General Business Law 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 Multiple Dwelling Law § 4 (Definitions)section four of the multiple dwelling law and Multiple Residence Law § 4 (Definitions)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 General Business Law § 391-K (Automatic garage door opening systems)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 Civil Practice Law & Rules Law § 8303 (Additional allowance in the discretion of the court)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.

Source: Section 391-K — Automatic garage door opening systems, https://www.­nysenate.­gov/legislation/laws/GBS/391-K (updated Sep. 22, 2014; accessed Jun. 15, 2024).

390
Substitution of spurious oils for internal combustion engines
390‑A
Optical discs
390‑B
Anti-phishing act of 2006
390‑BB
Cramming prohibited
390‑C
Prohibit persons under eighteen years of age in certain facilities
390‑C*2
Posting of warnings by commercial entities offering internet access to the public
390‑D
Information concerning services for human trafficking victims in facilities at truck stops
390‑E
Unauthorized installation of certain security devices prohibited
390‑E*2
Skimming awareness notice
391
Marking retreaded, recapped or recut tires
391‑A
Unlawful acts relating to liquid fuels, lubricating oils and similar products
391‑B
Prohibit any sale of dangerous clothing articles
391‑C
Sale of bicycles
391‑D
Sale of matchbooks
391‑E
Promotion of camps by certain organizations
391‑F
Promotion of private schools by certain organizations
391‑G
Rental of motor vehicles
391‑H
Lubricating oils
391‑I
Sale of urea-formaldehyde foam insulation
391‑J
Sale of fire extinguishers
391‑JJ
Sale of electric space heaters
391‑K
Automatic garage door opening systems
391‑L
Personal emergency response service agreements
391‑L*2
Rental of motor vehicles
391‑M
Manufacture and sale of in-line skates
391‑N
Sale of reptiles
391‑OO
Sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building
391‑P
Prohibit the rental of clothing articles previously worn
391‑Q
Rebates
391‑S
Sale and distribution of novelty lighters prohibited
391‑T
Sale of small animals
391‑U
Pricing goods and services on the basis of gender prohibited
391‑U*2
Restrictions on the sale and use of firefighting equipment containing PFAS chemicals
391‑V
Third-party food delivery agreements
392
Second-hand watches
392‑A
Sale of new computers
392‑B
False labels and misrepresentations
392‑C
Obliteration of marks of origin
392‑D
Using false marks as to manufacture
392‑E
Using false statements or altering mileage registering devices
392‑F
Taximeters
392‑G
Sale of ultraviolet radiation devices
392‑H
Trash receptacles
392‑I
Prices reduced to reflect change in sales tax computation
392‑J
Sales of sparkling devices
393
Lime
393‑A
Non fire rated wood paneling
393‑B
Written solicitation
393‑C
Sale of required labor postings
393‑D
Sale of certified copies of property deeds
393‑E
Sale of abandoned property location services
393‑F
Voluntary third-party notification
394
Lost or destroyed certificate of stock
394‑A
Proof of lost negotiable paper
394‑B
Limitations on certain contracts for instruction or use of physical or social training facilities
394‑C
Limitations on certain contracts involving social referral services
394‑CC
Internet dating safety
394‑CCC
Social media networks
394‑D
Privity of contract between franchise seller and customer or patron of dealer
394‑E
Report on request for abortional services
394‑F
Warrants for reproductive health related electronic data
395
Required disclosure of prior use
395‑A
Maintenance agreements
395‑B
Unlawfully installing or maintaining a two-way mirror or other viewing device
396
Unlawful selling practices
396‑A
Representation by savings and loan association of insurance on accounts
396‑AA
Simulated check
396‑AA*2
Unsolicited telefacsimile advertising
396‑AAA
Public display of tobacco and electronic cigarette advertisements and smoking paraphernalia prohibited
396‑B
Advertisements
396‑BB
Sale of motor fuels to disabled persons
396‑C
Advertisements by persons engaged in dental business relating to dentures and bridges
396‑CC
Notification of enclosure requirements for swimming pools
396‑CC*2
Senior citizen discounts
396‑D
Advertisement and description of real property
396‑DD
Renting of horses
396‑E
Marking articles made of linen
396‑EE
Sale of certain weapons
396‑EEE
Unlawful sale or delivery of body armor
396‑F
Sale of blind made products
396‑G
Sale of products processed by the blind
396‑H
Fraudulent sale of poppies, forget-me-nots, daisies, flags and other articles sold for patriotic purposes
396‑HH
Sale of poppies, forget-me-nots, daisies, flags and other articles for patriotic purposes
396‑I
Acceptance of unexpired gift certificates
396‑J
Sale or possession of master or manipulative keys for motor vehicles
396‑K
Hazardous toys and other articles intended primarily for use by children
396‑K*2
Sale of certain motor vehicles damaged by the ravages of natural disaster
396‑KK
Sale of video game consoles
396‑L
Shopping carts
396‑M
Mail-order or telephone-order merchandise
396‑MM
Unlawful trial offers
396‑N
Sales with “money back guarantee” and with “limited guarantee”
396‑O
Sales by persons offering credits or refunds in certain cases
396‑P
Rates to be posted in taxicabs
396‑P*2
Contracts for the sale of new motor vehicles
396‑Q
New motor vehicles
396‑QQ
New and used motor vehicles
396‑R
Price gouging
396‑RR
Price gouging
396‑S
Individual sewage disposal system
396‑SS
Access number notification
396‑T
Unlawful practices relating to layaway plans
396‑TT
Listing of business location in directory or database
396‑U
Merchandise delivery
396‑V
Operation of public automated blood pressure machines
396‑W
Loitering for the purpose of soliciting passengers for transportation
396‑X
Gasoline stations
396‑X*2
Unauthorized removal or destruction of newspapers
396‑Y
Sale of certain personal property
396‑Z
Rental vehicle protections
397
Unlawful use of name or other identification of certain non-profit organizations
397‑A
Distributing unsolicited advertising on private property prohibited
397‑B
Digital billboards
398
Bills of lading to be issued by vessels transporting merchandise within the state
398‑A
Shipment of motor vehicles outside the continental United States
398‑B
Discrimination in car rentals prohibited
398‑C
Children attending roller skating rinks and indoor ice skating rinks under certain conditions
398‑D
Disposal of abandoned molds
398‑E
Indemnity provision in motor carrier transportation contracts
398‑F
Children’s non-regulated camp
399
Cigarette package labeling
399‑A
Pay toilets
399‑AA
Prohibition of the selling of fur, hair, skin or flesh of a dog or cat
399‑AAA
Selling and manufacturing of fur-bearing articles of clothing
399‑AAAA
Menstrual product labeling
399‑AAAAA
Selling of animal tested cosmetics
399‑B
Contracts for the use of the streets for hack stands
399‑BB
Certain dry cleaning institutions
399‑BBB
Solicitations by container
399‑C
Mandatory arbitration clauses in certain consumer contracts prohibited
399‑CC
Wireless telephone numbers
399‑CC*2
Transcripts and stenographic services
399‑CCC
Smoke detecting devices
399‑CCCC
Wireless telephone services
399‑D
Children attending public bowling alleys under certain conditions
399‑DD
Sale of alcohol vaporizing devices prohibited
399‑DD*2
Construction or installation of playground or playground equipment
399‑DD*3
Consumer communications records privacy
399‑DDD
Confidentiality of social security account number
399‑DDD*2
Disclosure of social security number
399‑E
Prohibition of the importation, manufacturing, distribution, or sale of yo-yo waterball toys
399‑E*2
Actions
399‑EE
Zone pricing of gasoline prohibited
399‑F
Laundromat refund procedures
399‑FF
Petting zoos
399‑GG
Packaging of electronic liquid
399‑H
Disposal of records containing personal identifying information
399‑I
Prohibit the sale of unsafe cribs and restrict use of such cribs in certain settings
399‑II
Furniture tip restraint device
399‑II*2
Prohibit the sale of crib bumper pads and restrict use of such pads in certain settings
399‑J
Safety standards
399‑K
Access to toilet facilities for utility workers
399‑M
Disclosures in advertisement and sale of unassembled goods
399‑N
Approval of electrical devices
399‑NN
Sale of digital electronic equipment
399‑O
Selling prices and container deposits
399‑OO
Deceptive solicitation of vehicle warranty policies
399‑P
Telemarketing
399‑PP
Telemarketing and consumer fraud and abuse prevention act
399‑Q
Use of carts, cases, trays, baskets, boxes and other containers
399‑QQ
Sale or promotional distribution of utility knives, box cutters, or box cart cutters
399‑R
Sale of paint pellet guns
399‑RR
September eleventh victim compensation fund and World Trade Center health program notification
399‑S
Posting of notice when air rifles or guns are sold
399‑T
Sale of certain chlorofluorocarbons and halons prohibited
399‑T*2
Vending machine disclosure
399‑U
Motor vehicle alarms
399‑V
Parking facilities
399‑W
Total loss notice and waiver of the gap amount for non-motor vehicle retail lease agreements
399‑W*2
Notice requirements for renters of personal property
399‑X
Towed motor vehicles
399‑XX
Towing of motor vehicles
399‑Y
Child safety devices for hot water dispensers
399‑Y‑1
Automated teller machines transaction denial
399‑Y*2
Automated teller machine fee disclosure
399‑YY
Cable television company providing telephone services
399‑YYY
Satellite television company providing television and/or telephone services
399‑Z
Telemarketing
399‑Z‑1
Telecommunication companies blocking certain numbers
399‑Z‑1*2
STIR/SHAKEN authentication framework
399‑ZZ
Telephone bills
399‑ZZZ
Prohibition of certain fee charges
399‑ZZZZ
Prohibition of certain fee charges for termination or early cancellation
399‑ZZZZZ
Broadband service for low-income consumers
399‑ZZZZZ*2
Use of preferred name and pronouns

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 391-K’s source at nysenate​.gov

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