Provides an exemption to certain uniform fire prevention and building code standards for public buildings and governmental facilities by allowing the placement of fresh cut evergreen trees therein.
Ayes (56): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (3): Krueger, Kruger, Squadron
Absent (2): Espaillat, Huntley
Excused (1): Montgomery
Ayes (59): Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (2): Adams, Krueger
TITLE OF BILL: An act to amend the executive law, in relation to certain uniform fire prevention and building code standards
PURPOSE: This legislation would allow the seasonal display of fresh cut Christmas trees and wreaths in public and government buildings.
SUMMARY OF PROVISIONS: Amends paragraph c of subdivision 4 of section 378 of the executive law.
JUSTIFICATION: When a fresh cut Christmas tree is properly cared for, it has a high degree of natural flame resistance due to its moisture content. The states of Wisconsin and Nebraska now allow the display of fresh cut Christmas trees in public buildings after having done extensive studies on the flammability of live trees. The Fire Commissioner of Canada, T.J. Dunfield, contended that a Christmas tree with its butt immersed in water will remain safe from ignition by a point source of heat for at least three weeks if installed reasonably fresh. A study in wisconsin showed that artificial trees will ignite faster than fresh cut trees. So much so, that an artificial tree must be sprayed with a flame retardant because it ignites faster and gives off toxic fumes when it is burning. Research in Kansas has shown that there has never been a fire caused by a fresh cut Christmas tree and the Connecticut Fire Marshal and Safety Bureau claims that when a Christmas tree is fresh it may not pose a fire hazard.
This legislation will allow the seasonal display of a decoration that has been shown not to be a fire hazard if taken care of properly The New York State Christmas Tree Growers Association reports that approximately 1400 tree growers, produce over 3,000,000 trees in New York State each year with annual sales of 72 million dollars The Christmas tree industry is an economic asset to New York State and trees should be allowed to be d1splayed 1n public and government buildings.
S.1755 of 2005/2006, S.308 of 2004, S.3838-A of 2002, S.703 of 2000, S.2773 of 1998, S.6495 of 1996, S.589 of 2007/2008, S.2945 of 2009/2010
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 478 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the executive law, in relation to certain uniform fire prevention and building code standards THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph c of subdivision 4 of section 378 of the execu- tive law, as added by chapter 707 of the laws of 1981, is amended to read as follows: c. no combustible material shall be placed in such amounts and locations as would cause existing fire protection equipment and systems to be substantially overburdened, nor shall any material be placed in such manner as would cause safe exit to be significantly impeded. FOR PURPOSES OF THIS SECTION COMBUSTIBLE MATERIAL SHALL NOT INCLUDE THE DISPLAY OF FRESH CUT EVERGREEN TREES IN PLACES OF PUBLIC ASSEMBLY OR GOVERNMENTAL FACILITIES THAT ARE CONSTRUCTED IN ACCORDANCE WITH PARA- GRAPH B OF THIS SUBDIVISION AND PROTECTED BY FIRE DETECTION EQUIPMENT PROVIDED THAT THE FRESH CUT TREE IS (1) NOT DIRECTLY EXPOSED TO HEAT OR UNLISTED ELECTRICAL DEVICES WHICH COULD CAUSE IGNITION; (2) NOT PLACED IN A MANNER WHICH UNREASONABLY RESTRICTS ACCESS TO A STAIRWELL AND/OR EXIT; (3) PROPERLY CARED FOR TO INCLUDE ADEQUATE WATER ON A DAILY BASIS; (4) IMMEDIATELY REMOVED IF DRYNESS IS EVIDENT; AND (5) IS SUPPORTED BY A DEVICE THAT SHALL HOLD THE TREE SECURELY AND BE OF ADEQUATE SIZE TO AVOID TIPPING OVER THE TREE; and S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00490-01-1