NY State Senate Bill 2013-S3743A

Senate Bill S3743A

2013-2014 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 31, 2014	print number 3743a
Jan 31, 2014	amend and recommit to agriculture
Jan 08, 2014	referred to agriculture
Feb 13, 2013	referred to agriculture

Bill Amendments

Original

A (Active)

co-Sponsors

2013-S3743 - Details

See Assembly Version of this Bill:: A972
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §408, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10616
2011-2012: S4086, A830
2015-2016: S3003
2017-2018: S3687
2019-2020: S3078
2021-2022: S3835
2023-2024: S1673

2013-S3743 - Summary

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

2013-S3743 - Sponsor Memo

                                BILL NUMBER:S3743

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 unnec-
essary 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 auto-
matic 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, certi-
ficate-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 appli-
ances, such as heat lamps, in proximity or right next to flammable mate-

rials (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 withstand-
ing injuries. This bill can help to prevent these unnecessary tragedies.

LEGISLATIVE HISTORY:

2012: S. 4086B - Referred to Agriculture.

FISCAL IMPLICATIONS:  None.

EFFECTIVE DATE:  This act shall take effect January 1, 2014, except
buildings in existence as of the effective date of this act shall have
until January 1, 2016 to comply with the provisions of this act.

2013-S3743 - Bill Text download pdf

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

                                  3743

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

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

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.
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01815-02-3

S. 3743                             2

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, 2014, except that buildings
in existence as of the effective date of this act shall have until Janu-
ary 1, 2016 to comply with the provisions of this act.

co-Sponsors

2013-S3743A (ACTIVE) - Details

See Assembly Version of this Bill:: A972
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §408, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A10616
2011-2012: S4086, A830
2015-2016: S3003
2017-2018: S3687
2019-2020: S3078
2021-2022: S3835
2023-2024: S1673

2013-S3743A (ACTIVE) - Summary

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

2013-S3743A (ACTIVE) - 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.

2013-S3743A (ACTIVE) - Bill Text download pdf

                            
                    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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Senate Bill S3743A

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Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Bill Amendments

co-Sponsors

Tony Avella

2013-S3743 - Details

2013-S3743 - Summary

2013-S3743 - Sponsor Memo

2013-S3743 - Bill Text download pdf

co-Sponsors

Tony Avella

2013-S3743A (ACTIVE) - Details

2013-S3743A (ACTIVE) - Summary

2013-S3743A (ACTIVE) - Sponsor Memo

2013-S3743A (ACTIVE) - Bill Text download pdf

Comments