senate Bill S5841

Relates to the sale of fire extinguishers

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 21 / Jun / 2011
    • REFERRED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO CONSUMER PROTECTION
  • 21 / May / 2012
    • 1ST REPORT CAL.846
  • 22 / May / 2012
    • 2ND REPORT CAL.
  • 23 / May / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Relates to the sale of fire extinguishers.

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Bill Details

See Assembly Version of this Bill:
A8309
Versions:
S5841
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §391-j, Gen Bus L

Votes

7
0
7
Aye
0
Nay
2
aye with reservations
0
absent
1
excused
0
abstained
show Consumer Protection committee vote details

Sponsor Memo

BILL NUMBER:S5841

TITLE OF BILL:
An act
to amend the general business law, in relation to the sale of fire
extinguishers

PURPOSE OR GENERAL IDEA OF BILL:
To strengthen current regulations relating to fire extinguishers.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Section § 391-j of the General Business Law to
allow for the expansion of new technologies or alternative
arrangements to be developed for portable fire extinguishers not
identified in the National Fire Protection Association (NFPA)
performance standards, specifically NFPA 10.

Section 2: This act shall take effect immediately.

JUSTIFICATION:
Section § 391-j of the General Business Law states that
it "shall be unlawful for any person, firm or corporation to sell or
offer for sale fire extinguishers unless the fire extinguishers
offered for sale: (a) meet the current National Fire Protection
Association standards for fire extinguishers." NFPA 10 § 4.1.1(2)
identifies standards for six different type of conventional fire
extinguishers:
(a) carbon dioxide types; (b) dry chemical types; (c) water types; (d)
halon types; (e) film-forming foam types; and (f) halocarbon types.
However, new technologies for fire extinguishers have been developed
since the NFPA standards were last revised. Because a specific NFPA
performance standard has yet to be promulgated, it should not prevent
a new and innovative-firefighting technology to come into the
marketplace.

As amended, Section 391-j would allow these new technologies for
portable fire extinguishes to come into the marketplace as long as
such fire extinguishers are certified by a nationally accredited
testing facility.
Allowing for new technologies or alternative arrangements to come into
the marketplace was clearly the intent of the NFPA standards as
evidenced by NFPA 10 § 1.2.2, which states nothing in this standard
shall he construed as a restriction on new technologies or
alternative arrangements, provided that the level of protection as
herein described is not lowered and is acceptable to the authority
having jurisdiction."

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.


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

                                  5841

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 21, 2011
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the general business law, in relation  to  the  sale  of
  fire extinguishers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 391-j of the general  business  law,  as  added  by
chapter 253 of the laws of 1987, is amended to read as follows:
  S  391-j.  Sale of fire extinguishers. 1. It shall be unlawful for any
person, firm or corporation to sell or offer for sale fire extinguishers
unless the fire extinguishers offered for sale:
  a. Meet the current National Fire Protection Association (NFPA) stand-
ards for fire extinguishers of  the  model  offered  for  sale  and  are
labelled  as  having  met  such standards; PROVIDED, HOWEVER, SHOULD NEW
TECHNOLOGIES OR ALTERNATIVE ARRANGEMENTS BE DEVELOPED FOR PORTABLE  FIRE
EXTINGUISHERS  NOT  IDENTIFIED  IN THE PERFORMANCE STANDARDS IN NFPA 10,
SUCH FIRE EXTINGUISHERS SHALL NONETHELESS BE LAWFUL PROVIDED  THAT  THEY
COMPLY  WITH  THE REMAINING PROVISIONS OF THIS SECTION AND ARE CERTIFIED
BY A NATIONALLY ACCREDITED TESTING FACILITY;
  b. Have been tested  and  approved  by  the  Underwriters  Laboratory,
INTERTEK,  Factory  Mutual  or  other  nationally accredited or accepted
testing laboratory and are labelled as having been tested and approved;
  c. Have labelling securely affixed containing the  following  informa-
tion:
  (1) Operating instructions.
  (2)  The  class or rating identifying kinds of fires which the partic-
ular  extinguisher  is  suitable  to  use.  This  information  shall  be
presented  by use of the appropriate letter rating and pictorial marking
representations.
  d.  Are  accompanied  [with  an  instructional  manual  that  has]  BY
INSTRUCTIONS  HAVING  information  detailing operational use, basic fire

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13006-01-1

S. 5841                             2

safety information, information on how and  where  to  have  the  extin-
guisher  serviced  or  recharged  by  an  authorized dealer or refer the
customer to his local fire department and any information pertaining  to
checking the extinguisher's contents for operational use by the owner.
  2.  A knowing violation of this section shall be punishable by a civil
penalty not to exceed five hundred dollars for a first violation and ten
thousand dollars for each succeeding violation.
  S 2. This act shall take effect immediately.

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