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

                                 972--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. KELLNER, RAIA, McDONOUGH, ROBINSON, WEISENBERG,
  HOOPER, CORWIN, ZEBROWSKI, GUNTHER, JAFFEE, ROSENTHAL  --  Multi-Spon-
  sored  by  -- M. of A.  DUPREY, FINCH -- read once and referred to the
  Committee on Agriculture -- recommitted to the Committee  on  Agricul-
  ture  in  accordance  with  Assembly  Rule  3,  sec.  2  --  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.

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

                                                           LBD01815-04-4

A. 972--A                           2

  (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.