S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  9416
                          I N  A S S E M B L Y
                            February 29, 2012
                               ___________
Introduced  by  M. of A. MAGEE, RUSSELL -- read once and referred to the
  Committee on Governmental Operations
AN ACT to amend the executive law, in relation to certain  uniform  fire
  prevention and building code standards
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. Paragraph c of subdivision 4 of section 378 of  the  execu-
tive  law,  as  added  by chapter 707 of the laws of 1981, is amended to
read as follows:
  c. no combustible  material  shall  be  placed  in  such  amounts  and
locations  as would cause existing fire protection equipment and systems
to be substantially overburdened, nor shall any material  be  placed  in
such  manner  as  would cause safe exit to be significantly impeded. FOR
PURPOSES OF THIS SECTION COMBUSTIBLE  MATERIAL  SHALL  NOT  INCLUDE  THE
DISPLAY  OF  FRESH  CUT  EVERGREEN TREES IN PLACES OF PUBLIC ASSEMBLY OR
GOVERNMENTAL FACILITIES THAT ARE CONSTRUCTED IN  ACCORDANCE  WITH  PARA-
GRAPH  B  OF  THIS SUBDIVISION AND PROTECTED BY FIRE DETECTION EQUIPMENT
PROVIDED THAT THE FRESH CUT TREE IS (1) NOT DIRECTLY EXPOSED TO HEAT  OR
UNLISTED  ELECTRICAL  DEVICES WHICH COULD CAUSE IGNITION; (2) NOT PLACED
IN A MANNER WHICH UNREASONABLY RESTRICTS ACCESS TO  A  STAIRWELL  AND/OR
EXIT; (3) PROPERLY CARED FOR TO INCLUDE ADEQUATE WATER ON A DAILY BASIS;
(4) IMMEDIATELY REMOVED IF DRYNESS IS EVIDENT; AND (5) IS SUPPORTED BY A
DEVICE  THAT  SHALL  HOLD  THE  TREE SECURELY AND BE OF ADEQUATE SIZE TO
AVOID TIPPING OVER THE TREE; and
  S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00490-01-1