S T A T E O F N E W Y O R K
________________________________________________________________________
3492
2017-2018 Regular Sessions
I N A S S E M B L Y
January 27, 2017
___________
Introduced by M. of A. BRINDISI, ABINANTI, BLAKE, GALEF, GOTTFRIED,
JAFFEE, MAGEE, MOSLEY, SIMON, SKOUFIS, STECK, PEOPLES-STOKES --
Multi-Sponsored by -- M. of A. COOK, DenDEKKER, GLICK, HOOPER, RICH-
ARDSON -- read once and referred to the Committee on Governmental
Operations
AN ACT to amend the executive law, in relation to establishing installa-
tion and maintenance standards for gas station fire suppression
systems
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 378 of the executive law is amended by adding a new
subdivision 17 to read as follows:
17. STANDARDS FOR GAS STATION FIRE SUPPRESSION SYSTEMS SHALL REQUIRE:
A. AUTOMATIC FIRE-EXTINGUISHING SYSTEMS USING AN EXTINGUISHING AGENT
SUITABLE FOR PETROLEUM FIRES.
B. AUTOMATIC FIRE-EXTINGUISHING SYSTEMS AT UNATTENDED SELF-SERVICE
MOTOR FUEL-DISPENSING FACILITIES SHALL BE MONITORED BY AN APPROVED
SUPERVISING STATION.
C. WHERE FLAMMABLE LIQUID MOTOR FUEL IS DISPENSED AT AN AUTOMOTIVE
LIQUID MOTOR FUEL-DISPENSING FACILITY, THE DISPENSING AREA SHALL BE
PROVIDED WITH A DRY CHEMICAL FIRE-EXTINGUISHING SYSTEM DESIGNED AND
INSTALLED IN ACCORDANCE WITH THE FOLLOWING:
(I) THE FIRE-EXTINGUISHING SYSTEM SHALL BE DESIGNED TO PROVIDE OVER-
HEAD PROTECTION OF THE DISPENSER AREA;
(II) THE EXTINGUISHING AGENT CONTAINERS SHALL BE EQUIPPED WITH INDICA-
TORS TO SHOW WHETHER THE SYSTEM IS FULLY CHARGED;
(III) THE INSTALLATION, ALTERATION, TESTING AND REPAIR OF THE FIRE-EX-
TINGUISHING SYSTEM, INCLUDING ANY MAINTENANCE OR MODIFICATION OF THE
SYSTEM, SHALL BE PERFORMED BY A TECHNICIAN WHO IS TRAINED AND KNOWLEDGE-
ABLE IN THE INSTALLATION, OPERATION AND MAINTENANCE OF THE SPECIFIC
FIRE-EXTINGUISHING SYSTEM; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01976-01-7
A. 3492 2
(IV) DISPENSERS SHALL NOT BE OPERATED WHEN THE FIRE-EXTINGUISHING
SYSTEM HAS DISCHARGED OR IS INOPERATIVE, EXCEPT AS AUTHORIZED IN WRITING
BY THE DEPARTMENT.
D. AUTOMATIC FIRE-EXTINGUISHING SYSTEMS SHALL BE SERVICED AFTER ACTI-
VATION OF THE SYSTEM AND AT REGULAR INTERVALS THEREAFTER. INSPECTION
RECORDS SHALL ALSO BE KEPT ON PREMISES WHERE THE AUTOMATIC FIRE-EXTIN-
GUISHING SYSTEMS ARE LOCATED FOR A MINIMUM OF FIVE YEARS.
E. SYSTEMS SHALL BE INSPECTED AND TESTED FOR PROPER OPERATION AT
INITIAL INSTALLATION AND AT REGULAR INTERVALS THEREAFTER. TESTS SHALL
BE IN ACCORDANCE WITH THE MANUFACTURER'S REQUIREMENTS AND INCLUDE A
CHECK OF THE DETECTION SYSTEM, ALARMS AND RELEASING DEVICES, INCLUDING
MANUAL STATIONS AND OTHER ASSOCIATED EQUIPMENT.
F. FAILURE TO COMPLY WITH THE INSTALLATION OR MAINTENANCE REQUIREMENTS
OF THIS SECTION SHALL RESULT IN THE REVOCATION OF THE BUILDING'S CERTIF-
ICATE OF OCCUPANCY AND/OR THE PERMIT TO OPERATE FUELING DISPENSERS.
G. THE PROVISIONS OF THIS SUBDIVISION SHALL BE ENFORCED IN ACCORDANCE
WITH THE PROVISIONS OF SECTION THREE HUNDRED EIGHTY-ONE OF THIS ARTICLE.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the state fire
prevention and building code council shall take any and all actions
necessary to implement the provisions of this act on or before its
effective date.