Bill S3743A-2013

Requires the installation and testing of fire equipment and sprinkler systems at pet stores

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

Details

Actions

  • Jan 31, 2014: PRINT NUMBER 3743A
  • Jan 31, 2014: AMEND AND RECOMMIT TO AGRICULTURE
  • Jan 8, 2014: REFERRED TO AGRICULTURE
  • Feb 13, 2013: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S3743A

TITLE OF BILL: An act to amend the agriculture and markets law, in relation to requiring the installation and testing of fire equipment and sprinkler 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:

2012: S. 4086B - Referred to Agriculture. 2013: S. 4743 - Referred to Agriculture.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect January 1, 2015, except buildings in existence as of the effective date of this act shall have until January 1, 2017 to comply with the provisions of this act.


Text

STATE OF NEW YORK ________________________________________________________________________ 3743--A 2013-2014 Regular Sessions IN SENATE February 13, 2013 ___________
Introduced by Sens. ADDABBO, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture -- recommitted to the Committee on Agriculture in accordance with Senate Rule 6, sec. 8 -- 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. (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.

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