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

                                  6378

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  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.  Section  407 of the agriculture and markets law is renum-
bered section 408 and a new section 407 is added to read as follows:
  S 407.  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.
  (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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07828-02-5
              

A. 6378                             2

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  of  agriculture and markets shall promulgate
rules, regulations and standards as he or she deems necessary to  imple-
ment  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, 2016, except that buildings
in existence as of the effective date of this act shall have until Janu-
ary 1, 2018 to comply with the provisions of this act.

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

                                 6378--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee  on  Agriculture  --  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  protection  systems  at  pet
  stores

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 407 of the agriculture and markets  law  is  renum-
bered section 408 and a new section 407 is added to read as follows:
  S  407.   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  PROTECTION  SYSTEMS.  (A)  APPROVED  DEVICES,  EQUIPMENT AND
SYSTEMS OR COMBINATIONS OF SYSTEMS USED TO DETECT  A  FIRE,  ACTIVATE  A
FIRE  ALARM,  EXTINGUISH  OR CONTROL A FIRE, CONTROL OR MANAGE SMOKE AND
PRODUCTS OF A FIRE OR ANY COMBINATION THEREOF SHALL BE PROVIDED  IN  ALL
RETAIL  AND  WHOLESALE ESTABLISHMENTS UTILIZED BY A PET DEALER TO PERMA-
NENTLY OR TEMPORARILY HOUSE, SELL OR TRADE  ANIMALS.    FIRE  PROTECTION
SYSTEMS  SHALL BE INSTALLED, INSPECTED, TESTED AND MAINTAINED PER APPRO-
PRIATE CODES AND REFERENCED STANDARDS HEREIN: IF IN THE FIVE BOROUGHS OF
THE CITY OF NEW YORK PER NEW YORK CITY BUILDING CODE AND NEW  YORK  CITY
FIRE  CODE  OR  OUTSIDE OF THE FIVE BOROUGHS OF THE CITY OF NEW YORK PER
THE NEW YORK STATE UNIFORM FIRE PREVENTION  AND  BUILDING  CODE  AN  THE
STATE  ENERGY  CONSERVATION  CONSTRUCTION CODE FOR THE CORRECT OCCUPANCY
TYPE AND ANY APPROVED "MORE RESTRICTIVE LOCAL STANDARDS".
  (B) IF ANY FIRE PROTECTION SYSTEM BECOMES INOPERATIVE AT ANY TIME, THE
PET DEALER SHALL TAKE IMMEDIATE ACTION TO NOTIFY  THE  CODE  ENFORCEMENT
OFFICE AND HAVE THE SYSTEM RESTORED TO PROPER WORKING ORDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07828-04-5

              

A. 6378--A                          2

  2.  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  of  agriculture and markets shall promulgate
rules, regulations and standards as he or she deems necessary to  imple-
ment  the provisions of this act on or before its effective date and, in
conjunction with the appropriate agency,  whether  the  New  York  state
department  of  state  code enforcement and administration division, New
York city department of buildings or  New  York  city  fire  department,
shall establish standards for the installation, operation and inspection
of  fire protection systems installed pursuant to the provisions of this
act.
  S 3. This act shall take effect January 1, 2016, except that buildings
in existence or new construction with presently approved plans as of the
effective date of this act shall have until January 1,  2018  to  comply
with the provisions of this act.