BILL NO A00972A
SAME AS SAME AS S03743-A
SPONSOR Kellner (MS)
COSPNSR Raia, McDonough, Robinson, Weisenberg, Hooper, Corwin, Zebrowski,
Gunther, Jaffee, Rosenthal
MLTSPNSR Duprey, Finch
Add S408, Ag & Mkts L
Requires the installation and testing of fire equipment and sprinkler systems
at pet stores.
TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to requiring the installation and testing of fire equipment
and sprinkler systems at pet stores
PURPOSE: To ensure that all premises that house animals for sale by a
pet dealer provide appropriate fire protection measures to guard
against the unnecessary endangerment or death of animals.
SUMMARY OF SPECIFIC PROVISIONS:
-Requires pet dealers to provide fire protection measures for every
premises at which the dealer houses animals, including: fire detection
equipment, fire alarms and firefighting equipment, and an adequate
number of extinguishers for the premises;
-Equipment must be provided throughout premises and exist must include
heat or smoke sensing fire detection alarm systems;
-Equipment shall be tested once a week and maintained in good working
-Staff shall be instructed on how to use fire equipment;
-In retail and wholesale establishments an electrically supervised
automatic sprinkler system shall be installed in all parts of the
premises used to house animals and in the stairwell area of any means
-Such sprinkler systems will be inspected monthly by a qualified,
certificate-holding employee of the retailer or wholesaler and keep
records of such inspections for fire department review;
-If it becomes necessary to disconnect fire alarms or sprinklers the
pet dealer shall notify the fire department at that time and when the
systems are re-connected;
-Provides definitions for 'pet dealer' and 'animal';
-Authorizes the Commissioner of the Department of Agriculture and
Markets to promulgate rules, regulations, and standards to implement
JUSTIFICATION: California is the only state that requires pet
businesses that house animals on their premises to install fire alarms
or sprinkler systems. Pet stores can be particularly vulnerable to
fire because many of the animals they house require the use of many
electrical outputs and appliances, such as heat lamps, in proximity or
right next to flammable materials (like shredded newspaper or sawdust)
used for bedding or cage lining. Recent fires, including a 2002
four-alarm fire in Manhattan, a 2006 fire in Queens county, and a 2008
three-alarm fire in the Bronx killed hundreds of animals and put
hundreds more firefighters, store employees, and civilians in
harms-way as they rushed into pet stores to save yelping and crying
animals from burning to death. For instance, the 2006 fire in Queens
county resulted in the death of hundreds of animals in cruel and
terrifying conditions, with eleven firefighters withstanding injuries.
This bill can help to prevent these unnecessary tragedies.
LEGISLATIVE HISTORY: 2012: S. 4086B - Referred to Agriculture. 2013:
S. 4743 - Referred to Agriculture.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect January 1, 2015, except
buildings in existence as of the effective date of this act shall have
until January 1, 2017 to comply with the provisions of this act.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
January 9, 2013
Introduced by M. of A. KELLNER, RAIA, McDONOUGH, ROBINSON, WEISENBERG,
HOOPER, CORWIN, ZEBROWSKI, GUNTHER, JAFFEE, ROSENTHAL -- Multi-Spon-
sored by -- M. of A. DUPREY, FINCH -- read once and referred to the
Committee on Agriculture -- recommitted to the Committee on Agricul-
ture in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the agriculture and markets law, in relation to requir-
ing the installation and testing of fire equipment and sprinkler
systems at pet stores
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 408 to read as follows:
3 S 408. FIRE PROTECTION REQUIREMENTS FOR PET STORES. ALL PET DEALERS
4 LICENSED UNDER THIS ARTICLE SHALL PROVIDE FIRE PROTECTION MEASURES FOR
5 EVERY PREMISES AT WHICH THE DEALER HOUSES ANIMALS IN ACCORDANCE WITH THE
6 PROVISIONS OF THIS SECTION.
7 1. FIRE EQUIPMENT. (A) FIRE DETECTION, FIRE ALARM AND FIRE FIGHTING
8 EQUIPMENT, INCLUDING AN ADEQUATE NUMBER OF FIRE EXTINGUISHERS, APPROPRI-
9 ATE TO THE TYPE OF BUILDING AND ANIMALS OCCUPYING SUCH BUILDING, SHALL
10 BE PROVIDED IN ALL RETAIL AND WHOLESALE ESTABLISHMENTS UTILIZED BY A PET
11 DEALER TO HOUSE ANIMALS. FIRE PROTECTION EQUIPMENT THROUGHOUT UNSUPER-
12 VISED SPACES WITHIN THE BUILDING, INCLUDING STOREROOMS, BOILER ROOMS AND
13 EXIT WAYS SHALL INCLUDE AN AUTOMATIC FIRE DETECTION ALARM SYSTEM OF THE
14 HEAT OR SMOKE SENSING TYPE.
15 (B) ALL FIRE DETECTION, FIRE ALARM AND FIRE FIGHTING EQUIPMENT SHALL
16 BE TESTED EVERY SIX MONTHS BY THE PET DEALER AND MAINTAINED IN GOOD
17 WORKING CONDITION. STAFF SHALL BE INSTRUCTED IN THE FUNCTIONING AND
18 OPERATION OF SUCH EQUIPMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 972--A 2
1 (C) IF THE FIRE ALARM SYSTEM BECOMES INOPERATIVE AT ANY TIME, THE PET
2 DEALER SHALL TAKE IMMEDIATE ACTION TO HAVE THE FIRE ALARM SYSTEM
3 RESTORED TO PROPER WORKING ORDER.
4 2. SPRINKLER SYSTEM. (A) AN ELECTRICALLY SUPERVISED AUTOMATIC SPRIN-
5 KLER SYSTEM, INSTALLED IN CONFORMITY WITH RULES PROMULGATED BY THE
6 COMMISSIONER, SHALL BE PROVIDED IN ALL RETAIL AND WHOLESALE ESTABLISH-
7 MENTS UTILIZED BY A PET DEALER TO HOUSE ANIMALS. THE SPRINKLER SYSTEMS
8 SHALL BE PROVIDED IN ALL PARTS OF BUILDINGS UTILIZED TO HOUSE ANIMALS
9 AND SHALL BE DESIGNED AND INSTALLED IN SUCH MANNER THAT, WHEN ANY
10 PORTION OF THE SYSTEM SERVING SPACES THAT ARE NOT UTILIZED TO HOUSE
11 ANIMALS IS SHUT DOWN, SPRINKLER PROTECTION FOR SPACES UTILIZED TO HOUSE
12 ANIMALS WILL REMAIN OPERATIONAL. AT LEAST ONE AUTOMATIC SPRINKLER HEAD
13 SHALL BE INSTALLED IN THE STAIRWELL AREA OF ANY MEANS OF EGRESS.
14 (B) THE SPRINKLER SYSTEMS SHALL BE INSPECTED AT LEAST EVERY SIX MONTHS
15 BY A COMPETENT PERSON HOLDING A CERTIFICATE OF FITNESS, EMPLOYED BY THE
16 PET DEALER OR THE OWNER OF THE BUILDING, TO SEE THAT ALL PARTS OF THE
17 SYSTEM ARE IN PERFECT WORKING ORDER, AND THAT THE FIRE DEPARTMENT
18 CONNECTION OR CONNECTIONS, IF ANY, ARE READY FOR IMMEDIATE USE BY THE
19 FIRE DEPARTMENT. A DETAILED RECORD OF EACH INSPECTION SHALL BE KEPT FOR
20 EXAMINATION BY A REPRESENTATIVE OF THE FIRE DEPARTMENT. SUCH RECORDS
21 SHALL BE KEPT FOR THREE YEARS.
22 3. DISCONNECTION. IF, FOR ANY REASON, IT BECOMES NECESSARY TO DISCON-
23 NECT THE SOURCE OF CURRENT OF ANY FIRE ALARM SYSTEM OR THE SPRINKLER
24 SYSTEM, THE PET DEALER SHALL NOTIFY THE FIRE DEPARTMENT IN ADVANCE OF
25 EACH DISCONNECTION, STATING THE REASONS THEREFOR, AND SHALL NOTIFY THE
26 FIRE DEPARTMENT AT THE TIME THE SOURCE OF CURRENT OF THE FIRE ALARM
27 SYSTEM OR THE SPRINKLER SYSTEM IS RE-CONNECTED.
28 4. APPLICATION. (A) THE PROVISIONS OF THIS SECTION SHALL APPLY TO
29 EXISTING BUILDINGS AND TO BUILDINGS HEREAFTER ERECTED BUT SHALL NOT
30 INCLUDE BUILDINGS ZONED RESIDENTIAL.
31 (B) FOR THE PURPOSES OF THIS SECTION,
32 (1) "PET DEALER" SHALL HAVE THE SAME MEANING AS "PET DEALER" AS
33 DEFINED IN SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THIS ARTICLE, AND
34 (2) "ANIMAL" SHALL HAVE THE SAME MEANING AS "COMPANION ANIMAL" AS
35 DEFINED IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF THIS CHAP-
37 S 2. The commissioner shall promulgate rules, regulations and stand-
38 ards as he or she deems necessary to implement the provisions of this
39 act on or before its effective date and, in conjunction with the state
40 fire administrator, shall establish standards for the installation,
41 operation and inspection of fire equipment and sprinkler systems
42 installed pursuant to the provisions of this act.
43 S 3. This act shall take effect January 1, 2015, except that buildings
44 in existence as of the effective date of this act shall have until Janu-
45 ary 1, 2017 to comply with the provisions of this act.