Relates to the sale of fire extinguishers.
Ayes (7): Zeldin, Ball, Fuschillo, Little, Marcellino, O'Mara, Hassell-Thompson
Ayes W/R (2): Adams, Squadron
Excused (1): Huntley
TITLE OF BILL: An act to amend the general business law, in relation to the sale of fire extinguishers
PURPOSE OR GENERAL IDEA OF BILL: To strengthen current regulations relating to fire extinguishers.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends Section § 391-j of the General Business Law to allow for the expansion of new technologies or alternative arrangements to be developed for portable fire extinguishers not identified in the National Fire Protection Association (NFPA) performance standards, specifically NFPA 10.
Section 2: This act shall take effect immediately.
JUSTIFICATION: Section § 391-j of the General Business Law states that it "shall be unlawful for any person, firm or corporation to sell or offer for sale fire extinguishers unless the fire extinguishers offered for sale: (a) meet the current National Fire Protection Association standards for fire extinguishers." NFPA 10 § 4.1.1(2) identifies standards for six different type of conventional fire extinguishers: (a) carbon dioxide types; (b) dry chemical types; (c) water types; (d) halon types; (e) film-forming foam types; and (f) halocarbon types. However, new technologies for fire extinguishers have been developed since the NFPA standards were last revised. Because a specific NFPA performance standard has yet to be promulgated, it should not prevent a new and innovative-firefighting technology to come into the marketplace.
As amended, Section 391-j would allow these new technologies for portable fire extinguishes to come into the marketplace as long as such fire extinguishers are certified by a nationally accredited testing facility. Allowing for new technologies or alternative arrangements to come into the marketplace was clearly the intent of the NFPA standards as evidenced by NFPA 10 § 1.2.2, which states nothing in this standard shall he construed as a restriction on new technologies or alternative arrangements, provided that the level of protection as herein described is not lowered and is acceptable to the authority having jurisdiction."
PRIOR LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5841 2011-2012 Regular Sessions IN SENATE June 21, 2011 ___________Introduced by Sen. ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the general business law, in relation to the sale of fire extinguishers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 391-j of the general business law, as added by chapter 253 of the laws of 1987, is amended to read as follows: S 391-j. Sale of fire extinguishers. 1. It shall be unlawful for any person, firm or corporation to sell or offer for sale fire extinguishers unless the fire extinguishers offered for sale: a. Meet the current National Fire Protection Association (NFPA) stand- ards for fire extinguishers of the model offered for sale and are labelled as having met such standards; PROVIDED, HOWEVER, SHOULD NEW TECHNOLOGIES OR ALTERNATIVE ARRANGEMENTS BE DEVELOPED FOR PORTABLE FIRE EXTINGUISHERS NOT IDENTIFIED IN THE PERFORMANCE STANDARDS IN NFPA 10, SUCH FIRE EXTINGUISHERS SHALL NONETHELESS BE LAWFUL PROVIDED THAT THEY COMPLY WITH THE REMAINING PROVISIONS OF THIS SECTION AND ARE CERTIFIED BY A NATIONALLY ACCREDITED TESTING FACILITY; b. Have been tested and approved by the Underwriters Laboratory, INTERTEK, Factory Mutual or other nationally accredited or accepted testing laboratory and are labelled as having been tested and approved; c. Have labelling securely affixed containing the following informa- tion: (1) Operating instructions. (2) The class or rating identifying kinds of fires which the partic- ular extinguisher is suitable to use. This information shall be presented by use of the appropriate letter rating and pictorial marking representations. d. Are accompanied
[with an instructional manual that has]BY INSTRUCTIONS HAVING information detailing operational use, basic fireEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13006-01-1 S. 5841 2
safety information, information on how and where to have the extin- guisher serviced or recharged by an authorized dealer or refer the customer to his local fire department and any information pertaining to checking the extinguisher's contents for operational use by the owner. 2. A knowing violation of this section shall be punishable by a civil penalty not to exceed five hundred dollars for a first violation and ten thousand dollars for each succeeding violation. S 2. This act shall take effect immediately.