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

S. 4280                             3

  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.