S T A T E O F N E W Y O R K
________________________________________________________________________
972--A
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. KELLNER, RAIA, McDONOUGH, ROBINSON, WEISENBERG,
HOOPER, CORWIN, ZEBROWSKI, GUNTHER, JAFFEE, ROSENTHAL -- Multi-Spon-
sored by -- M. of A. DUPREY, FINCH -- read once and referred to the
Committee on Agriculture -- recommitted to the Committee on Agricul-
ture in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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 EVERY SIX MONTHS BY THE PET DEALER AND MAINTAINED IN GOOD
WORKING CONDITION. STAFF SHALL BE INSTRUCTED IN THE FUNCTIONING AND
OPERATION OF SUCH EQUIPMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01815-04-4
A. 972--A 2
(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.
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 EVERY SIX MONTHS
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. SUCH RECORDS
SHALL BE KEPT FOR THREE YEARS.
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 BUT SHALL NOT
INCLUDE BUILDINGS ZONED RESIDENTIAL.
(B) FOR THE PURPOSES OF THIS SECTION,
(1) "PET DEALER" SHALL HAVE THE SAME MEANING AS "PET DEALER" AS
DEFINED IN SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THIS ARTICLE, AND
(2) "ANIMAL" SHALL HAVE THE SAME MEANING AS "COMPANION ANIMAL" AS
DEFINED IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF THIS CHAP-
TER.
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, 2015, except that buildings
in existence as of the effective date of this act shall have until Janu-
ary 1, 2017 to comply with the provisions of this act.