S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3492
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A.  BRINDISI, ABINANTI, BLAKE, GALEF, GOTTFRIED,
   JAFFEE,  MAGEE,  MOSLEY,  SIMON,  SKOUFIS,  STECK,  PEOPLES-STOKES  --
   Multi-Sponsored  by  -- M. of A. COOK, DenDEKKER, GLICK, HOOPER, RICH-
   ARDSON -- read once and referred  to  the  Committee  on  Governmental
   Operations

 AN ACT to amend the executive law, in relation to establishing installa-
   tion  and  maintenance  standards  for  gas  station  fire suppression
   systems
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 378 of the executive law is amended by adding a new
 subdivision 17 to read as follows:
   17. STANDARDS FOR GAS STATION FIRE SUPPRESSION SYSTEMS SHALL REQUIRE:
   A.  AUTOMATIC  FIRE-EXTINGUISHING SYSTEMS USING AN EXTINGUISHING AGENT
 SUITABLE FOR PETROLEUM FIRES.
   B. AUTOMATIC FIRE-EXTINGUISHING  SYSTEMS  AT  UNATTENDED  SELF-SERVICE
 MOTOR  FUEL-DISPENSING  FACILITIES  SHALL  BE  MONITORED  BY AN APPROVED
 SUPERVISING STATION.
   C. WHERE FLAMMABLE LIQUID MOTOR FUEL IS  DISPENSED  AT  AN  AUTOMOTIVE
 LIQUID  MOTOR  FUEL-DISPENSING  FACILITY,  THE  DISPENSING AREA SHALL BE
 PROVIDED WITH A DRY  CHEMICAL  FIRE-EXTINGUISHING  SYSTEM  DESIGNED  AND
 INSTALLED IN ACCORDANCE WITH THE FOLLOWING:
   (I)  THE  FIRE-EXTINGUISHING SYSTEM SHALL BE DESIGNED TO PROVIDE OVER-
 HEAD PROTECTION OF THE DISPENSER AREA;
   (II) THE EXTINGUISHING AGENT CONTAINERS SHALL BE EQUIPPED WITH INDICA-
 TORS TO SHOW WHETHER THE SYSTEM IS FULLY CHARGED;
   (III) THE INSTALLATION, ALTERATION, TESTING AND REPAIR OF THE FIRE-EX-
 TINGUISHING SYSTEM, INCLUDING ANY MAINTENANCE  OR  MODIFICATION  OF  THE
 SYSTEM, SHALL BE PERFORMED BY A TECHNICIAN WHO IS TRAINED AND KNOWLEDGE-
 ABLE  IN  THE  INSTALLATION,  OPERATION  AND MAINTENANCE OF THE SPECIFIC
 FIRE-EXTINGUISHING SYSTEM; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01976-01-7

 A. 3492                             2
 
   (IV) DISPENSERS SHALL NOT  BE  OPERATED  WHEN  THE  FIRE-EXTINGUISHING
 SYSTEM HAS DISCHARGED OR IS INOPERATIVE, EXCEPT AS AUTHORIZED IN WRITING
 BY THE DEPARTMENT.
   D.  AUTOMATIC FIRE-EXTINGUISHING SYSTEMS SHALL BE SERVICED AFTER ACTI-
 VATION OF THE SYSTEM AND AT REGULAR INTERVALS  THEREAFTER.    INSPECTION
 RECORDS  SHALL  ALSO BE KEPT ON PREMISES WHERE THE AUTOMATIC FIRE-EXTIN-
 GUISHING SYSTEMS ARE LOCATED FOR A MINIMUM OF FIVE YEARS.
   E. SYSTEMS SHALL BE INSPECTED  AND  TESTED  FOR  PROPER  OPERATION  AT
 INITIAL  INSTALLATION  AND AT REGULAR INTERVALS THEREAFTER.  TESTS SHALL
 BE IN ACCORDANCE WITH THE  MANUFACTURER'S  REQUIREMENTS  AND  INCLUDE  A
 CHECK  OF  THE DETECTION SYSTEM, ALARMS AND RELEASING DEVICES, INCLUDING
 MANUAL STATIONS AND OTHER ASSOCIATED EQUIPMENT.
   F. FAILURE TO COMPLY WITH THE INSTALLATION OR MAINTENANCE REQUIREMENTS
 OF THIS SECTION SHALL RESULT IN THE REVOCATION OF THE BUILDING'S CERTIF-
 ICATE OF OCCUPANCY AND/OR THE PERMIT TO OPERATE FUELING DISPENSERS.
   G. THE PROVISIONS OF THIS SUBDIVISION SHALL BE ENFORCED IN  ACCORDANCE
 WITH THE PROVISIONS OF SECTION THREE HUNDRED EIGHTY-ONE OF THIS ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a  law;  provided, however, that the state fire
 prevention and building code council shall  take  any  and  all  actions
 necessary  to  implement  the  provisions  of  this act on or before its
 effective date.