senate Bill S478

2011-2012 Legislative Session

Allows the placement of fresh cut evergreen trees in public buildings and governmental facilities

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 06, 2012 referred to governmental operations
delivered to assembly
passed senate
Jan 23, 2012 advanced to third reading
Jan 19, 2012 2nd report cal.
Jan 18, 2012 1st report cal.42
Jan 04, 2012 referred to housing, construction and community development
returned to senate
died in assembly
May 16, 2011 referred to governmental operations
delivered to assembly
passed senate
Mar 14, 2011 advanced to third reading
Mar 10, 2011 2nd report cal.
Mar 09, 2011 1st report cal.160
Jan 05, 2011 referred to housing, construction and community development

Votes

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Jan 18, 2012 - Housing, Construction and Community Development committee Vote

S478
7
1
committee
7
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Jan 18, 2012

nay (1)

Mar 9, 2011 - Housing, Construction and Community Development committee Vote

S478
7
1
committee
7
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Mar 9, 2011

nay (1)

Co-Sponsors

S478 - Bill Details

See Assembly Version of this Bill:
A9416
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง378, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S2945, A6725

S478 - Bill Texts

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Provides an exemption to certain uniform fire prevention and building code standards for public buildings and governmental facilities by allowing the placement of fresh cut evergreen trees therein.

view sponsor memo
BILL NUMBER:S478

TITLE OF BILL:
An act
to amend the executive law, in relation to certain uniform fire
prevention and building code standards

PURPOSE:
This legislation would allow the seasonal display of fresh
cut Christmas trees and wreaths in public and government buildings.

SUMMARY OF PROVISIONS:
Amends paragraph c of subdivision 4 of section 378 of the executive law.

JUSTIFICATION:
When a fresh cut Christmas tree is properly cared for,
it has a high degree of natural flame resistance due to its moisture
content. The states of Wisconsin and Nebraska now allow the display
of fresh cut Christmas trees in public buildings after having done
extensive studies on the flammability of live trees. The Fire
Commissioner of Canada, T.J. Dunfield, contended that a Christmas tree
with its butt immersed in water will remain safe from ignition by a
point source of heat for at least three weeks if installed reasonably
fresh. A study in wisconsin showed that artificial trees will ignite
faster than fresh cut trees. So much so, that an artificial tree must
be sprayed with a flame retardant because it ignites faster and gives
off toxic fumes when it is burning. Research in Kansas has shown
that there has never been a fire caused by a fresh cut Christmas tree
and the Connecticut Fire Marshal and Safety Bureau claims that when a
Christmas tree is fresh it may not pose a fire hazard.

This legislation will allow the seasonal display of a decoration that
has been shown not to be a fire hazard if taken care of properly The
New York State Christmas Tree Growers Association reports that
approximately 1400 tree growers, produce over 3,000,000 trees in New
York State each year with annual sales of 72 million dollars The
Christmas tree industry is an economic asset to New York
State and trees should be allowed to be d1splayed 1n public and
government buildings.

LEGISLATIVE HISTORY:

S.1755 of 2005/2006, S.308 of 2004, S.3838-A of 2002, S.703 of 2000,
S.2773 of 1998, S.6495 of 1996, S.589 of 2007/2008, S.2945 of 2009/2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   478

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

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

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