senate Bill S3743A

Requires the installation and testing of fire equipment and sprinkler systems at pet stores

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Bill Status


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

actions

  • 13 / Feb / 2013
    • REFERRED TO AGRICULTURE
  • 08 / Jan / 2014
    • REFERRED TO AGRICULTURE
  • 31 / Jan / 2014
    • AMEND AND RECOMMIT TO AGRICULTURE
  • 31 / Jan / 2014
    • PRINT NUMBER 3743A

Summary

Requires the installation and testing of fire equipment and sprinkler systems at pet stores.

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Bill Details

See Assembly Version of this Bill:
A972A
Versions:
S3743
S3743A
Legislative Cycle:
2013-2014
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง408, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4086B, A830A
2009-2010: A10616, A10616

Sponsor Memo

BILL NUMBER:S3743A

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.

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

                                 3743--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

Introduced  by  Sens. ADDABBO, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee  on  Agriculture  --
  recommitted  to the Committee on Agriculture in accordance with Senate
  Rule  6,  sec.  8  --  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:

  Section 1. The agriculture and markets law is amended by adding a  new
section 408 to read as follows:
  S  408.   FIRE PROTECTION REQUIREMENTS FOR PET STORES. ALL PET DEALERS
LICENSED UNDER THIS ARTICLE SHALL PROVIDE FIRE PROTECTION  MEASURES  FOR
EVERY PREMISES AT WHICH THE DEALER HOUSES ANIMALS IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION.
  1.  FIRE  EQUIPMENT.  (A) FIRE DETECTION, FIRE ALARM AND FIRE FIGHTING
EQUIPMENT, INCLUDING AN ADEQUATE NUMBER OF FIRE EXTINGUISHERS, APPROPRI-
ATE TO THE TYPE OF BUILDING AND ANIMALS OCCUPYING SUCH  BUILDING,  SHALL
BE PROVIDED IN ALL RETAIL AND WHOLESALE ESTABLISHMENTS UTILIZED BY A PET
DEALER  TO HOUSE ANIMALS.  FIRE PROTECTION EQUIPMENT THROUGHOUT UNSUPER-
VISED SPACES WITHIN THE BUILDING, INCLUDING STOREROOMS, BOILER ROOMS AND
EXIT WAYS SHALL INCLUDE AN AUTOMATIC FIRE DETECTION ALARM SYSTEM OF  THE
HEAT OR SMOKE SENSING TYPE.
  (B)  ALL  FIRE DETECTION, FIRE ALARM AND FIRE FIGHTING EQUIPMENT SHALL
BE TESTED EVERY SIX MONTHS BY THE PET  DEALER  AND  MAINTAINED  IN  GOOD
WORKING  CONDITION.    STAFF  SHALL BE INSTRUCTED IN THE FUNCTIONING AND
OPERATION OF SUCH EQUIPMENT.
  (C) IF THE FIRE ALARM SYSTEM BECOMES INOPERATIVE AT ANY TIME, THE  PET
DEALER  SHALL  TAKE  IMMEDIATE  ACTION  TO  HAVE  THE  FIRE ALARM SYSTEM
RESTORED TO PROPER WORKING ORDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01815-03-4

S. 3743--A                          2

  2. SPRINKLER SYSTEM. (A) AN ELECTRICALLY SUPERVISED  AUTOMATIC  SPRIN-
KLER  SYSTEM,  INSTALLED  IN  CONFORMITY  WITH  RULES PROMULGATED BY THE
COMMISSIONER, SHALL BE PROVIDED IN ALL RETAIL AND  WHOLESALE  ESTABLISH-
MENTS  UTILIZED  BY A PET DEALER TO HOUSE ANIMALS. THE SPRINKLER SYSTEMS
SHALL  BE  PROVIDED  IN ALL PARTS OF BUILDINGS UTILIZED TO HOUSE ANIMALS
AND SHALL BE DESIGNED AND  INSTALLED  IN  SUCH  MANNER  THAT,  WHEN  ANY
PORTION  OF  THE  SYSTEM  SERVING  SPACES THAT ARE NOT UTILIZED TO HOUSE
ANIMALS IS SHUT DOWN, SPRINKLER PROTECTION FOR SPACES UTILIZED TO  HOUSE
ANIMALS  WILL  REMAIN OPERATIONAL. AT LEAST ONE AUTOMATIC SPRINKLER HEAD
SHALL BE INSTALLED IN THE STAIRWELL AREA OF ANY MEANS OF EGRESS.
  (B) THE SPRINKLER SYSTEMS SHALL BE INSPECTED AT LEAST EVERY SIX MONTHS
BY A COMPETENT PERSON HOLDING A CERTIFICATE OF FITNESS, EMPLOYED BY  THE
PET  DEALER  OR  THE OWNER OF THE BUILDING, TO SEE THAT ALL PARTS OF THE
SYSTEM ARE IN PERFECT  WORKING  ORDER,  AND  THAT  THE  FIRE  DEPARTMENT
CONNECTION  OR  CONNECTIONS,  IF ANY, ARE READY FOR IMMEDIATE USE BY THE
FIRE DEPARTMENT. A DETAILED RECORD OF EACH INSPECTION SHALL BE KEPT  FOR
EXAMINATION  BY  A  REPRESENTATIVE OF THE FIRE DEPARTMENT.  SUCH RECORDS
SHALL BE KEPT FOR THREE YEARS.
  3. DISCONNECTION. IF, FOR ANY REASON, IT BECOMES NECESSARY TO  DISCON-
NECT  THE  SOURCE  OF  CURRENT OF ANY FIRE ALARM SYSTEM OR THE SPRINKLER
SYSTEM, THE PET DEALER SHALL NOTIFY THE FIRE DEPARTMENT  IN  ADVANCE  OF
EACH  DISCONNECTION,  STATING THE REASONS THEREFOR, AND SHALL NOTIFY THE
FIRE DEPARTMENT AT THE TIME THE SOURCE OF  CURRENT  OF  THE  FIRE  ALARM
SYSTEM OR THE SPRINKLER SYSTEM IS RE-CONNECTED.
  4.  APPLICATION.  (A)  THE  PROVISIONS  OF THIS SECTION SHALL APPLY TO
EXISTING BUILDINGS AND TO BUILDINGS  HEREAFTER  ERECTED  BUT  SHALL  NOT
INCLUDE BUILDINGS ZONED RESIDENTIAL.
  (B) FOR THE PURPOSES OF THIS SECTION,
  (1)  "PET  DEALER"  SHALL  HAVE  THE  SAME  MEANING AS "PET DEALER" AS
DEFINED IN SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THIS ARTICLE, AND
  (2) "ANIMAL" SHALL HAVE THE SAME  MEANING  AS  "COMPANION  ANIMAL"  AS
DEFINED IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF THIS CHAP-
TER.
  S  2.  The commissioner shall promulgate rules, regulations and stand-
ards as he or she deems necessary to implement the  provisions  of  this
act  on  or before its effective date and, in conjunction with the state
fire administrator, shall  establish  standards  for  the  installation,
operation  and  inspection  of  fire  equipment  and  sprinkler  systems
installed pursuant to the provisions of this act.
  S 3. This act shall take effect January 1, 2015, except that buildings
in existence as of the effective date of this act shall have until Janu-
ary 1, 2017 to comply with the provisions of this act.

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