S T A T E O F N E W Y O R K
________________________________________________________________________
830
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. KELLNER, WEISENBERG, SCARBOROUGH, KAVANAGH --
Multi-Sponsored by -- M. of A. GALEF, GOTTFRIED, McDONOUGH, SALADINO
-- read once and referred 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 ONCE A WEEK 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. PLACARDS SHALL BE PLACED ON ALL FIRE
ALARM BOXES INDICATING THAT THE SYSTEM IS INOPERATIVE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00349-01-1
A. 830 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 ONCE A MONTH 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.
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.
(B) FOR THE PURPOSES OF THIS SECTION,
(1) "PET DEALER" MEANS ANY PERSON WHO ENGAGES IN THE SALE OR OFFERING
FOR SALE OF MORE THAN NINE ANIMALS PER YEAR FOR PROFIT TO THE PUBLIC.
SUCH DEFINITION SHALL INCLUDE BREEDERS WHO SELL OR OFFER TO SELL
ANIMALS; PROVIDED THAT A BREEDER WHO SELLS OR OFFERS TO SELL DIRECTLY TO
THE CONSUMER FEWER THAN TWENTY-FIVE ANIMALS PER YEAR THAT ARE BORN AND
RAISED ON THE BREEDER'S RESIDENTIAL PREMISES SHALL NOT BE CONSIDERED A
PET DEALER AS A RESULT OF SELLING OR OFFERING TO SELL SUCH ANIMALS. SUCH
DEFINITION SHALL FURTHER NOT INCLUDE DULY INCORPORATED HUMANE SOCIETIES
DEDICATED TO THE CARE OF UNWANTED ANIMALS WHICH MAKE SUCH ANIMALS AVAIL-
ABLE FOR ADOPTION WHETHER OR NOT A FEE FOR SUCH ADOPTION IS CHARGED, AND
(2) "ANIMAL" MEANS A DOG, CAT, RABBIT, FERRET, RODENT, REPTILE, AMPHI-
BIAN, FISH, BIRD, INSECT, ARACHNID AND ANY OTHER DOMESTICATED ANIMAL
NORMALLY MAINTAINED IN OR NEAR THE HOUSEHOLD OF THE OWNER OR PERSON WHO
CARES FOR SUCH OTHER DOMESTICATED ANIMAL. "ANIMAL" SHALL NOT INCLUDE A
"FARM ANIMAL" AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THIS CHAPTER.
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, 2012.