BILL NO A00972
SAME AS No same as
SPONSOR Kellner (MS)
COSPNSR Raia, McDonough, Robinson, Rabbitt, Weisenberg, Hooper, Corwin,
Zebrowski, Jordan, 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 OR GENERAL IDEA OF BILL: 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 fire fighting 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 every six months and maintained in good
-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 a definition for 'pet dealer'
-Provides a definition for '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, 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, in the 2006 fire in Queens, 130
firefighters responded and media reports suggest that dozens of
civilians rushed into the flames to save animals. Eleven firefighters
were treated for injuries and hundreds of animals suffered a cruel and
terrifying death. This bill can help to prevent these unnecessary
PRIOR LEGISLATIVE HISTORY: A.746 of 2011-12; A. 10616 of 2010.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect January 1, 2014 except that
buildings in existence as of the effective date of this act shall have
until January 1, 2016 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, RABBITT,
WEISENBERG, HOOPER, CORWIN, ZEBROWSKI, JORDAN, GUNTHER, JAFFEE --
Multi-Sponsored by -- M. of A. DUPREY, FINCH -- read once and
referred to the Committee on Agriculture
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.
19 (C) IF THE FIRE ALARM SYSTEM BECOMES INOPERATIVE AT ANY TIME, THE PET
20 DEALER SHALL TAKE IMMEDIATE ACTION TO HAVE THE FIRE ALARM SYSTEM
21 RESTORED TO PROPER WORKING ORDER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 972 2
1 2. SPRINKLER SYSTEM. (A) AN ELECTRICALLY SUPERVISED AUTOMATIC SPRIN-
2 KLER SYSTEM, INSTALLED IN CONFORMITY WITH RULES PROMULGATED BY THE
3 COMMISSIONER, SHALL BE PROVIDED IN ALL RETAIL AND WHOLESALE ESTABLISH-
4 MENTS UTILIZED BY A PET DEALER TO HOUSE ANIMALS. THE SPRINKLER SYSTEMS
5 SHALL BE PROVIDED IN ALL PARTS OF BUILDINGS UTILIZED TO HOUSE ANIMALS
6 AND SHALL BE DESIGNED AND INSTALLED IN SUCH MANNER THAT, WHEN ANY
7 PORTION OF THE SYSTEM SERVING SPACES THAT ARE NOT UTILIZED TO HOUSE
8 ANIMALS IS SHUT DOWN, SPRINKLER PROTECTION FOR SPACES UTILIZED TO HOUSE
9 ANIMALS WILL REMAIN OPERATIONAL. AT LEAST ONE AUTOMATIC SPRINKLER HEAD
10 SHALL BE INSTALLED IN THE STAIRWELL AREA OF ANY MEANS OF EGRESS.
11 (B) THE SPRINKLER SYSTEMS SHALL BE INSPECTED AT LEAST EVERY SIX MONTHS
12 BY A COMPETENT PERSON HOLDING A CERTIFICATE OF FITNESS, EMPLOYED BY THE
13 PET DEALER OR THE OWNER OF THE BUILDING, TO SEE THAT ALL PARTS OF THE
14 SYSTEM ARE IN PERFECT WORKING ORDER, AND THAT THE FIRE DEPARTMENT
15 CONNECTION OR CONNECTIONS, IF ANY, ARE READY FOR IMMEDIATE USE BY THE
16 FIRE DEPARTMENT. A DETAILED RECORD OF EACH INSPECTION SHALL BE KEPT FOR
17 EXAMINATION BY A REPRESENTATIVE OF THE FIRE DEPARTMENT. SUCH RECORDS
18 SHALL BE KEPT FOR THREE YEARS.
19 3. DISCONNECTION. IF, FOR ANY REASON, IT BECOMES NECESSARY TO DISCON-
20 NECT THE SOURCE OF CURRENT OF ANY FIRE ALARM SYSTEM OR THE SPRINKLER
21 SYSTEM, THE PET DEALER SHALL NOTIFY THE FIRE DEPARTMENT IN ADVANCE OF
22 EACH DISCONNECTION, STATING THE REASONS THEREFOR, AND SHALL NOTIFY THE
23 FIRE DEPARTMENT AT THE TIME THE SOURCE OF CURRENT OF THE FIRE ALARM
24 SYSTEM OR THE SPRINKLER SYSTEM IS RE-CONNECTED.
25 4. APPLICATION. (A) THE PROVISIONS OF THIS SECTION SHALL APPLY TO
26 EXISTING BUILDINGS AND TO BUILDINGS HEREAFTER ERECTED BUT SHALL NOT
27 INCLUDE BUILDINGS ZONED RESIDENTIAL.
28 (B) FOR THE PURPOSES OF THIS SECTION,
29 (1) "PET DEALER" SHALL HAVE THE SAME MEANING AS "PET DEALER" AS
30 DEFINED IN SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THIS ARTICLE, AND
31 (2) "ANIMAL" SHALL HAVE THE SAME MEANING AS "COMPANION ANIMAL" AS
32 DEFINED IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF THIS CHAP-
34 S 2. The commissioner of agriculture and markets shall promulgate
35 rules, regulations and standards as he or she deems necessary to imple-
36 ment the provisions of this act on or before its effective date and, in
37 conjunction with the state fire administrator, shall establish standards
38 for the installation, operation and inspection of fire equipment and
39 sprinkler systems installed pursuant to the provisions of this act.
40 S 3. This act shall take effect January 1, 2014, except that buildings
41 in existence as of the effective date of this act shall have until Janu-
42 ary 1, 2016 to comply with the provisions of this act.