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A07408 Summary:

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A07408 Floor Votes:

A07408 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7408
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 15, 2013
                                       ___________
 
        Introduced  by  M. of A. ENGLEBRIGHT, DUPREY -- (at request of the Divi-
          sion of Homeland Security and Emergency Services)  --  read  once  and
          referred to the Committee on Governmental Operations
 
        AN  ACT  to  amend  the  executive law and the penal law, in relation to
          enhancing fire safety on state property
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  19  of  section 156 of the executive law, as
     2  renumbered by chapter 615 of the laws of 2006, is renumbered subdivision
     3  20 and a new subdivision 19 is added to read as follows:
     4    19. Issue permits and enforce the provisions of article  four  hundred
     5  five  of  the  penal law for the public displays of fireworks and indoor
     6  pyrotechnics on or within state property, unless such authority has been
     7  delegated pursuant to the  rules  and  regulations  promulgated  by  the
     8  office of fire prevention and control.
     9    §  2.  Section  405.00  of  the penal law, subdivision 1 as amended by
    10  chapter 661 of the laws of 1972 and subdivisions 2,  3,  3-a  and  4  as

    11  amended  by  section 21 of part CC of chapter 57 of the laws of 2009, is
    12  amended to read as follows:
    13  § 405.00 Permits for public displays of fireworks.
    14    1. Definition of "permit authority." The term "permit  authority,"  as
    15  used  in this section, means and includes the agency authorized to grant
    16  and issue the permits provided in this section[,  which  agency  in  the
    17  territory  within  a state park shall be the state agency having custody
    18  and control thereof, in the]. The permit authority on  or  within  state
    19  property  shall be the office of fire prevention and control. The permit
    20  authority for territory within a county park shall be  the  county  park
    21  commission,  or  such  other  agency having jurisdiction, control and/or
    22  operation of the parks or parkways within which any fireworks are to  be

    23  displayed[,].  The  permit authority in a city shall be the duly consti-
    24  tuted licensing agency thereof and, in the absence of such agency, shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09013-01-3
        A. 7408                             2
 
     1  be an officer designated for the purpose by the legislative body  there-
     2  of[,].  The permit authority in a village shall be an officer designated
     3  for the purpose by the board of trustees thereof and the permit authori-
     4  ty  in  the  territory of a town outside of villages shall be an officer
     5  designated for the purpose by the town board thereof.

     6    2. Permits for fireworks displays. Notwithstanding the  provisions  of
     7  section  270.00  of  this chapter, the permit authority [of a] for state
     8  [park] property, county [park, city, village  or  town]  parks,  cities,
     9  villages,  or  towns  may grant a permit for the display of fireworks to
    10  municipalities, fair associations, amusement parks, persons,  or  organ-
    11  izations  of  individuals  that  submit  an  application in writing. The
    12  application for such permit shall set forth:
    13    (a) The name of the body sponsoring the display and the names  of  the
    14  persons  actually to be in charge of the firing of the display who shall
    15  possess a  valid  certificate  of  competence  as  a  pyrotechnician  as
    16  required under the general business law and article sixteen of the labor

    17  law.  The  permit application shall further contain a verified statement
    18  from the applicant identifying the individuals  who  are  authorized  to
    19  fire  the  display  including  their  certificate numbers, and that such
    20  individuals possess a valid certificate of competence as  a  pyrotechni-
    21  cian.
    22    (b) The date and time of day at which the display is to be held.
    23    (c) The exact location planned for the display.
    24    (d) The number and kind of fireworks to be discharged.
    25    (e)  The  manner  and  place of storage of such fireworks prior to the
    26  display.
    27    (f) A diagram of the grounds on which the display is to be held  show-
    28  ing  the point at which the fireworks are to be discharged, the location
    29  of all buildings, highways and other lines of communication,  the  lines
    30  behind  which  the  audience  will be restrained and the location of all

    31  nearby  trees,  telegraph  or  telephone   lines   or   other   overhead
    32  obstructions.
    33    (g)  Such other information as the permit authority may deem necessary
    34  to protect persons or property.
    35    3. Applications for permits. All  applications  for  permits  for  the
    36  display  of fireworks shall be made at least five days in advance of the
    37  date of the display and the permit shall  contain  provisions  that  the
    38  actual  point  at  which  the fireworks are to be fired be in accordance
    39  with the rules promulgated by the  commissioner  of  labor  pursuant  to
    40  section four hundred sixty-two of the labor law and that all the persons
    41  in  actual charge of firing the fireworks shall be over the age of eigh-
    42  teen years, competent and physically fit for the task, that there  shall
    43  be  at  least two such operators constantly on duty during the discharge

    44  and that at least two approved type fire extinguishers shall be kept  at
    45  as  widely  separated  points  as possible within the actual area of the
    46  display. For any applications made for the display of fireworks on state
    47  property, the state fire administrator shall coordinate the issuance  of
    48  such  permits  with  the  head of the police or fire department or both,
    49  where there are such departments.  The  legislative  body  of  a  [state
    50  park,]  county  park,  city, village or town may provide for approval of
    51  such permit by the head of the police or fire department or  both  where
    52  there  are  such  departments.    No permit granted and issued hereunder
    53  shall be transferable. After such permit shall have been granted, sales,
    54  possession, use and distribution of fireworks for such display shall  be

    55  lawful solely therefor.
        A. 7408                             3
 
     1    3-a.  Notwithstanding  the  provisions  of  subdivision  three of this
     2  section, no permit may be issued to conduct a display of fireworks  upon
     3  any  property where the boundary line of such property is less than five
     4  hundred yards from the boundary line of any  property  which  is  owned,
     5  leased  or  operated  by  any  breeder as defined in subdivision four of
     6  section two hundred fifty-one of the racing,  pari-mutuel  wagering  and
     7  breeding law.
     8    4.  Bonds. Before granting and issuing a permit for a display of fire-
     9  works as herein provided, the permit authority shall require an adequate
    10  bond from the applicant therefor, unless it is a  state  [park]  entity,
    11  county  park,  city, village or town, in a sum to be fixed by the permit

    12  authority, which, however, shall not be less than one  million  dollars,
    13  conditioned  for  the  payment  of all damages, which may be caused to a
    14  person or persons or to property, by reason of the display so  permitted
    15  and  arising  from any acts of the permittee, his or her agents, employ-
    16  ees, contractors or subcontractors. Such bond shall  run  to  the  state
    17  [park,]  if the permit is granted for a display on state property, or to
    18  the county park, city, village or town in which the  permit  is  granted
    19  and issued and shall be for the use and benefit of any person or persons
    20  or  any  owner or owners of any property so injured or damaged, and such
    21  person or persons or such owner or owners are hereby authorized to main-
    22  tain an action thereon, which right of action also shall accrue  to  the

    23  heirs,  executors,  administrators, successors or assigns of such person
    24  or persons or such owner or owners. The permit authority may accept,  in
    25  lieu of such bond, an indemnity insurance policy with liability coverage
    26  and  indemnity  protection  equivalent  to the terms and conditions upon
    27  which such bond is predicated and for  the  purposes  provided  in  this
    28  section.
    29    5.  Local  ordinances  superseded.  All local ordinances regulating or
    30  prohibiting the display  of  fireworks  are  hereby  superseded  by  the
    31  provisions  of  this section. Every city, town or village shall have the
    32  power to enact ordinances or local laws regulating  or  prohibiting  the
    33  use,  or the storage, transportation or sale for use of fireworks in the
    34  preparation for or in connection with television broadcasts.
    35    § 3. Paragraph n of subdivision 1 and subdivision 4 of section  405.10

    36  of  the  penal  law,  as  added  by chapter 584 of the laws of 2003, are
    37  amended to read as follows:
    38    n. Permit authority. The agency authorized  to  grant  and  issue  the
    39  permits  provided  for  in  this section[, which agency in the territory
    40  within a state park shall be the state agency having custody and control
    41  thereof] on or within  state  property  shall  be  the  office  of  fire
    42  prevention  and  control, in the territory within a county park shall be
    43  the county park commission, or such other  agency  having  jurisdiction,
    44  control,  and/or  operation  of  the  parks or parkways within which any
    45  pyrotechnics are to be used, in a city shall  be  the  duly  constituted
    46  licensing agency thereof and, in the absence of such agency, shall be an
    47  officer designated for the purpose by the legislative body thereof, in a

    48  village  shall  be an officer designated for the purpose by the board of
    49  trustees thereof, and, in the territory of a town outside  of  villages,
    50  shall  be an officer designated for the purpose by the town board there-
    51  of.
    52    4. Bonds. Before granting and issuing a permit for a use of  pyrotech-
    53  nics  as provided in this section, the permit authority shall require an
    54  adequate bond from the applicant therefor, unless such  applicant  is  a
    55  state  [park]  entity,  county park, city, village, or town, or from the
    56  person to whom a contract for such use shall be awarded, in a sum to  be
        A. 7408                             4
 
     1  fixed  by  the  permit authority, which, however, shall not be less than
     2  five hundred thousand  dollars,  conditioned  for  the  payment  of  all

     3  damages  which  may  be  caused to a person or persons or to property by
     4  reason  of the use so permitted and arising from any acts of the permit-
     5  tee, his or her agents, employees, contractors, or subcontractors.  Such
     6  bond  shall  run  to  the  owner of the facility for which the permit is
     7  granted and issued and shall be for the use and benefit of any person or
     8  persons or any owner or owners of any property so  injured  or  damaged,
     9  and such person or persons or such owner or owners are hereby authorized
    10  to  maintain  an action thereon, which right of action also shall accrue
    11  to the heirs, executors, administrators, successors, or assigns of  such
    12  person  or  persons  or  such  owner or owners. The permit authority may
    13  accept, in lieu of such bond, an indemnity insurance policy with liabil-
    14  ity coverage and indemnity protection equivalent to the terms and condi-

    15  tions upon which such bond is predicated and  for  the  purposes  herein
    16  provided.
    17    § 4. This act shall take effect immediately.