S T A T E O F N E W Y O R K
________________________________________________________________________
4280
2013-2014 Regular Sessions
I N S E N A T E
March 19, 2013
___________
Introduced by Sen. BALL -- (at request of the Division of Homeland Secu-
rity and Emergency Services) -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
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:
Section 1. Subdivision 19 of section 156 of the executive law, as
renumbered by chapter 615 of the laws of 2006, is renumbered subdivision
20 and a new subdivision 19 is added to read as follows:
19. ISSUE PERMITS AND ENFORCE THE PROVISIONS OF ARTICLE FOUR HUNDRED
FIVE OF THE PENAL LAW FOR THE PUBLIC DISPLAYS OF FIREWORKS AND INDOOR
PYROTECHNICS ON OR WITHIN STATE PROPERTY, UNLESS SUCH AUTHORITY HAS BEEN
DELEGATED PURSUANT TO THE RULES AND REGULATIONS PROMULGATED BY THE
OFFICE OF FIRE PREVENTION AND CONTROL.
S 2. Section 405.00 of the penal law, subdivision 1 as amended by
chapter 661 of the laws of 1972 and subdivisions 2, 3, 3-a and 4 as
amended by section 21 of part CC of chapter 57 of the laws of 2009, is
amended to read as follows:
S 405.00 Permits for public displays of fireworks.
1. Definition of "permit authority." The term "permit authority," as
used in this section, means and includes the agency authorized to grant
and issue the permits provided in this section[, which agency in the
territory within a state park shall be the state agency having custody
and control thereof, in the]. THE PERMIT AUTHORITY ON OR WITHIN STATE
PROPERTY SHALL BE THE OFFICE OF FIRE PREVENTION AND CONTROL. THE PERMIT
AUTHORITY FOR territory within a county park shall be the county park
commission, or such other agency having jurisdiction, control and/or
operation of the parks or parkways within which any fireworks are to be
displayed[,]. THE PERMIT AUTHORITY in a city shall be the duly consti-
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
S. 4280 2
be an officer designated for the purpose by the legislative body there-
of[,]. THE PERMIT AUTHORITY in a village shall be an officer designated
for the purpose by the board of trustees thereof and THE PERMIT AUTHORI-
TY in the territory of a town outside of villages shall be an officer
designated for the purpose by the town board thereof.
2. Permits for fireworks displays. Notwithstanding the provisions of
section 270.00 of this chapter, the permit authority [of a] FOR state
[park] PROPERTY, county [park, city, village or town] PARKS, CITIES,
VILLAGES, OR TOWNS may grant a permit for the display of fireworks to
municipalities, fair associations, amusement parks, persons, or organ-
izations of individuals that submit an application in writing. The
application for such permit shall set forth:
(a) The name of the body sponsoring the display and the names of the
persons actually to be in charge of the firing of the display who shall
possess a valid certificate of competence as a pyrotechnician as
required under the general business law and article sixteen of the labor
law. The permit application shall further contain a verified statement
from the applicant identifying the individuals who are authorized to
fire the display including their certificate numbers, and that such
individuals possess a valid certificate of competence as a pyrotechni-
cian.
(b) The date and time of day at which the display is to be held.
(c) The exact location planned for the display.
(d) The number and kind of fireworks to be discharged.
(e) The manner and place of storage of such fireworks prior to the
display.
(f) A diagram of the grounds on which the display is to be held show-
ing the point at which the fireworks are to be discharged, the location
of all buildings, highways and other lines of communication, the lines
behind which the audience will be restrained and the location of all
nearby trees, telegraph or telephone lines or other overhead
obstructions.
(g) Such other information as the permit authority may deem necessary
to protect persons or property.
3. Applications for permits. All applications for permits for the
display of fireworks shall be made at least five days in advance of the
date of the display and the permit shall contain provisions that the
actual point at which the fireworks are to be fired be in accordance
with the rules promulgated by the commissioner of labor pursuant to
section four hundred sixty-two of the labor law and that all the persons
in actual charge of firing the fireworks shall be over the age of eigh-
teen years, competent and physically fit for the task, that there shall
be at least two such operators constantly on duty during the discharge
and that at least two approved type fire extinguishers shall be kept at
as widely separated points as possible within the actual area of the
display. FOR ANY APPLICATIONS MADE FOR THE DISPLAY OF FIREWORKS ON STATE
PROPERTY, THE STATE FIRE ADMINISTRATOR SHALL COORDINATE THE ISSUANCE OF
SUCH PERMITS WITH THE HEAD OF THE POLICE OR FIRE DEPARTMENT OR BOTH,
WHERE THERE ARE SUCH DEPARTMENTS. The legislative body of a [state
park,] county park, city, village or town may provide for approval of
such permit by the head of the police or fire department or both where
there are such departments. No permit granted and issued hereunder
shall be transferable. After such permit shall have been granted, sales,
possession, use and distribution of fireworks for such display shall be
lawful solely therefor.
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3-a. Notwithstanding the provisions of subdivision three of this
section, no permit may be issued to conduct a display of fireworks upon
any property where the boundary line of such property is less than five
hundred yards from the boundary line of any property which is owned,
leased or operated by any breeder as defined in subdivision four of
section two hundred fifty-one of the racing, pari-mutuel wagering and
breeding law.
4. Bonds. Before granting and issuing a permit for a display of fire-
works as herein provided, the permit authority shall require an adequate
bond from the applicant therefor, unless it is a state [park] ENTITY,
county park, city, village or town, in a sum to be fixed by the permit
authority, which, however, shall not be less than one million dollars,
conditioned for the payment of all damages, which may be caused to a
person or persons or to property, by reason of the display so permitted
and arising from any acts of the permittee, his OR HER agents, employ-
ees, contractors or subcontractors. Such bond shall run to the state
[park,] IF THE PERMIT IS GRANTED FOR A DISPLAY ON STATE PROPERTY, OR TO
THE county park, city, village or town in which the permit is granted
and issued and shall be for the use and benefit of any person or persons
or any owner or owners of any property so injured or damaged, and such
person or persons or such owner or owners are hereby authorized to main-
tain an action thereon, which right of action also shall accrue to the
heirs, executors, administrators, successors or assigns of such person
or persons or such owner or owners. The permit authority may accept, in
lieu of such bond, an indemnity insurance policy with liability coverage
and indemnity protection equivalent to the terms and conditions upon
which such bond is predicated and for the purposes provided in this
section.
5. Local ordinances superseded. All local ordinances regulating or
prohibiting the display of fireworks are hereby superseded by the
provisions of this section. Every city, town or village shall have the
power to enact ordinances or local laws regulating or prohibiting the
use, or the storage, transportation or sale for use of fireworks in the
preparation for or in connection with television broadcasts.
S 3. Paragraph n of subdivision 1 and subdivision 4 of section 405.10
of the penal law, as added by chapter 584 of the laws of 2003, are
amended to read as follows:
n. Permit authority. The agency authorized to grant and issue the
permits provided for in this section[, which agency in the territory
within a state park shall be the state agency having custody and control
thereof] ON OR WITHIN STATE PROPERTY SHALL BE THE OFFICE OF FIRE
PREVENTION AND CONTROL, in the territory within a county park shall be
the county park commission, or such other agency having jurisdiction,
control, and/or operation of the parks or parkways within which any
pyrotechnics are to be used, in a city shall be the duly constituted
licensing agency thereof and, in the absence of such agency, shall be an
officer designated for the purpose by the legislative body thereof, in a
village shall be an officer designated for the purpose by the board of
trustees thereof, and, in the territory of a town outside of villages,
shall be an officer designated for the purpose by the town board there-
of.
4. Bonds. Before granting and issuing a permit for a use of pyrotech-
nics as provided in this section, the permit authority shall require an
adequate bond from the applicant therefor, unless such applicant is a
state [park] ENTITY, county park, city, village, or town, or from the
person to whom a contract for such use shall be awarded, in a sum to be
S. 4280 4
fixed by the permit authority, which, however, shall not be less than
five hundred thousand dollars, conditioned for the payment of all
damages which may be caused to a person or persons or to property by
reason of the use so permitted and arising from any acts of the permit-
tee, his or her agents, employees, contractors, or subcontractors. Such
bond shall run to the owner of the facility for which the permit is
granted and issued and shall be for the use and benefit of any person or
persons or any owner or owners of any property so injured or damaged,
and such person or persons or such owner or owners are hereby authorized
to maintain an action thereon, which right of action also shall accrue
to the heirs, executors, administrators, successors, or assigns of such
person or persons or such owner or owners. The permit authority may
accept, in lieu of such bond, an indemnity insurance policy with liabil-
ity coverage and indemnity protection equivalent to the terms and condi-
tions upon which such bond is predicated and for the purposes herein
provided.
S 4. This act shall take effect immediately.