NY State Assembly Bill 2009-A10616

Assembly Bill A10616

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	held for consideration in agriculture
Apr 12, 2010	referred to agriculture

co-Sponsors

multi-Sponsors

2009-A10616 (ACTIVE) - Details

Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §408, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A830
2013-2014: A972

2009-A10616 (ACTIVE) - Summary

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

2009-A10616 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10616

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 OR GENERAL IDEA OF BILL:  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  fire
fighting  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.

-If equipment becomes inoperable the pet  dealer  shall  take  immediate

action  to  restore to working order and post placards on all fire alarm
boxes to indicate they are inoperable until such action is taken.

-In retail and wholesale establishments an electrically supervised auto-
matic 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, certi-
ficate-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 a definition for 'pet dealer'

-Provides a definition for '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, 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 yelp-
ing and crying animals from burning to death. For instance, in the  2006
fire  in  Queens,  130  firefighters responded and media reports suggest
that dozens of civilians rushed into the flames to save animals.  Eleven
firefighters  were treated for injuries and hundreds of animals suffered
a cruel and terrifying death. This bill can help to prevent these unnec-
essary tragedies.

PRIOR LEGISLATIVE HISTORY: None,

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect January 1, 2011.

2009-A10616 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10616

                          I N  A S S E M B L Y

                             April 12, 2010
                               ___________

Introduced  by M. of A. KELLNER -- read once and referred to the Commit-
  tee on Agriculture

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  ONCE A WEEK 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. PLACARDS SHALL BE PLACED ON ALL FIRE
ALARM BOXES INDICATING THAT THE SYSTEM IS INOPERATIVE.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD16257-01-0

A. 10616                            2

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 ONCE A MONTH  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.
  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.
  (B) FOR THE PURPOSES OF THIS SECTION,
  (1) "PET DEALER" MEANS ANY PERSON WHO ENGAGES IN THE SALE OR  OFFERING
FOR  SALE  OF  MORE THAN NINE ANIMALS PER YEAR FOR PROFIT TO THE PUBLIC.
SUCH DEFINITION SHALL  INCLUDE  BREEDERS  WHO  SELL  OR  OFFER  TO  SELL
ANIMALS; PROVIDED THAT A BREEDER WHO SELLS OR OFFERS TO SELL DIRECTLY TO
THE  CONSUMER  FEWER THAN TWENTY-FIVE ANIMALS PER YEAR THAT ARE BORN AND
RAISED ON THE BREEDER'S RESIDENTIAL PREMISES SHALL NOT BE  CONSIDERED  A
PET DEALER AS A RESULT OF SELLING OR OFFERING TO SELL SUCH ANIMALS. SUCH
DEFINITION  SHALL FURTHER NOT INCLUDE DULY INCORPORATED HUMANE SOCIETIES
DEDICATED TO THE CARE OF UNWANTED ANIMALS WHICH MAKE SUCH ANIMALS AVAIL-
ABLE FOR ADOPTION WHETHER OR NOT A FEE FOR SUCH ADOPTION IS CHARGED, AND
  (2) "ANIMAL" MEANS A DOG, CAT, RABBIT, FERRET, RODENT, REPTILE, AMPHI-
BIAN, FISH, BIRD, INSECT, ARACHNID AND  ANY  OTHER  DOMESTICATED  ANIMAL
NORMALLY  MAINTAINED IN OR NEAR THE HOUSEHOLD OF THE OWNER OR PERSON WHO
CARES FOR SUCH OTHER DOMESTICATED ANIMAL. "ANIMAL" SHALL NOT  INCLUDE  A
"FARM ANIMAL" AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THIS CHAPTER.
  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, 2011.

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Assembly Bill A10616

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Sponsored By

KELLNER

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Harvey Weisenberg

William Scarborough

Brian Kavanagh

multi-Sponsors

Sandy Galef

Richard Gottfried

David McDonough

Joseph Saladino

2009-A10616 (ACTIVE) - Details

2009-A10616 (ACTIVE) - Summary

2009-A10616 (ACTIVE) - Sponsor Memo

2009-A10616 (ACTIVE) - Bill Text download pdf

Comments