A00972 Summary:

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.
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A00972 Actions:

BILL NO    A00972A

01/09/2013 referred to agriculture
01/08/2014 referred to agriculture
03/04/2014 amend and recommit to agriculture
03/04/2014 print number 972a
05/28/2014 held for consideration in agriculture
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A00972 Votes:

There are no votes for this bill in this legislative session.
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A00972 Memo:

BILL NUMBER:A972A

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
order;

-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
of egress;

-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
this act.

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.
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A00972 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        972--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    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.
                                                                  LBD01815-04-4
       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-
   36  TER.
   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.
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