NY State Senate Bill 2017-S3687

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to agriculture
Jan 25, 2017	referred to agriculture

co-Sponsors

2017-S3687 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Ren §407 to be §408, add §407, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4086
2013-2014: S3743
2015-2016: S3003
2019-2020: S3078
2021-2022: S3835
2023-2024: S1673

2017-S3687 (ACTIVE) - Summary

Requires the installation and testing of fire protection systems at pet stores.

2017-S3687 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3687

 TITLE OF BILL :  An act to amend the agriculture and markets law, in
relation to requiring the installation and testing of fire protection
systems at pet stores

 PURPOSE :

To ensure that all premises that house animals for sale by a pet
dealer provide appropriate fire protection measures to guard against
the unnecessary endangerment or death of animals.

 SUMMARY OF SPECIFIC PROVISIONS :

-Requires pet dealers to provide fire protection measures for every
premises at which the dealer houses animals, including: fire detection
equipment, fire alarms and firefighting equipment, and an adequate
number of extinguishers for the premises;

-Equipment must be provided throughout premises and exist must include
heat or smoke sensing fire detection alarm systems;

-Equipment shall be tested once a week and maintained in good working
order;

-Staff shall be instructed on how to use fire equipment;

-In retail and wholesale establishments an electrically supervised
automatic sprinkler system shall be installed in all parts of the
premises used to house animals and in the stairwell area of any means
of egress;

-Such sprinkler systems will be inspected monthly by a qualified,
certificate-holding employee of the retailer or wholesaler and keep
records of such inspections for fire department review;

-If it becomes necessary to disconnect fire alarms or sprinklers the
pet dealer shall notify the fire department at that time and when the
systems are re-connected;

-Provides definitions for 'pet dealer' and 'animal';

-Authorizes the Commissioner of the Department of Agriculture and
Markets to promulgate rules, regulations, and standards to implement
this act.

 JUSTIFICATION :

California is the only state that requires pet businesses that house
animals on their premises to install fire alarms or sprinkler systems.
Pet stores can be particularly vulnerable to fire because many of the
animals they house require the use of many electrical outputs and
appliances, such as heat lamps, in proximity or right next to
flammable materials (like shredded newspaper or sawdust) used for
bedding or cage lining. Recent fires, including a 2002 four-alarm fire
in Manhattan, a 2006 fire in Queens county, and a 2008 three-alarm
fire in the Bronx killed hundreds of animals and put hundreds more
firefighters, store employees, and civilians in harms-way as they
rushed into pet stores to save yelping and crying animals from burning
to death. For instance, the 2006 fire in Queens county resulted in the
death of hundreds of animals in cruel and terrifying conditions, with
eleven firefighters withstanding injuries. This bill can help to
prevent these unnecessary tragedies.

 LEGISLATIVE HISTORY :

2015: S. 3003A - Referred to Agriculture.
2016: S. 30038 - Referred to Agriculture.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect January 1, 2018, except buildings in
existence as of the effective date of this act shall have until
January 1, 2020 to comply with the provisions of this act.

2017-S3687 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3687
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by  Sens. ADDABBO, AVELLA -- read twice and ordered printed,
   and when printed to be committed 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 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:
   § 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 AND 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.
                                                            LBD01780-02-7

 S. 3687                             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.
   §  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.
   § 3. This act shall take effect January 1, 2018, 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,  2020  to  comply
 with the provisions of this act.

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Senate Bill S3687

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

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co-Sponsors

2017-S3687 (ACTIVE) - Details

2017-S3687 (ACTIVE) - Summary

2017-S3687 (ACTIVE) - Sponsor Memo

2017-S3687 (ACTIVE) - Bill Text download pdf

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Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

co-Sponsors

Tony Avella

2017-S3687 (ACTIVE) - Details

2017-S3687 (ACTIVE) - Summary

2017-S3687 (ACTIVE) - Sponsor Memo

2017-S3687 (ACTIVE) - Bill Text download pdf

Comments