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Speaker Carl E. Heastie
 
     
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A05240 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)




 
BILL NUMBER: A5240
 
SPONSOR: Kolb

 
TITLE OF BILL:  An act to amend the executive law, in relation to the
definition of sky lantern and the requirement to have sky lanterns
anchored and tethered
 
 
PURPOSE OR GENERAL IDEA OF BILL: This bill requires sky lanterns to be
anchored and tethered.
 
 
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 372 of the
Executive Law to define "sky lantern" as an airborne paper lantern
constructed from oiled rice paper on a wire or bamboo frame that
contains a small candle or fuel cell composed of a waxy flammable mate-
rial.
 

Section 2 amends section 378 of the Executive Law to add a requirement
to the Standards for New York State Uniform Fire Prevention and Building
Code to require that sky lanterns be anchored and tethered.
 
Section 3 contains the effective date.
 
 
JUSTIFICATION: Sky lanterns that are allowed to float unattended pose
a threat to both animals and property. Once extinguished sky lanterns
fall to the ground and parts of which can be ingested by animals causing
injury or death. Also, unattended sky lanterns pose a fire risk.
 
The Office of Fire Prevention and Control (OFPC) issued a "Safety Alert"
on May 10, 2012 that declared sky lanterns are in "violation of the Fire
Code of New York State," unless they are "anchored or tethered."
 
OFPC believes sky lanterns meet the definition of "Recreational Fires,"
and that they "require constant attendance as required in Section 307.5
of the Fire Code."
 
Section 307.5 of the Fire Code reads "open burning, bonfires, recre-

ational fires and use of portable outdoor fireplaces shall be constantly
attended until the fire is extinguished."
 
This legislation does not ban sky lanterns, but helps to ensure the
safety of animals and property by placing a requirement in New York
State Law that sky lanterns must be anchored and tethered.
 
 
PRIOR LEGISLATIVE HISTORY: New bill.
 
 
FISCAL IMPLICATIONS: None
 
 
EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law.
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