S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    435
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  requir-
   ing  the  installation  and  testing of fire protection systems at pet
   stores
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  407 of the agriculture and markets law is renum-
 bered section 408 and a new section 407 is added to read as follows:
   § 407.  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  PROTECTION  SYSTEMS.  (A)  APPROVED  DEVICES,  EQUIPMENT  AND
 SYSTEMS  OR  COMBINATIONS  OF  SYSTEMS USED TO DETECT A FIRE, ACTIVATE A
 FIRE ALARM, EXTINGUISH OR CONTROL A FIRE, CONTROL OR  MANAGE  SMOKE  AND
 PRODUCTS  OF  A FIRE OR ANY COMBINATION THEREOF SHALL BE PROVIDED IN ALL
 RETAIL AND WHOLESALE ESTABLISHMENTS UTILIZED BY A PET DEALER  TO  PERMA-
 NENTLY  OR  TEMPORARILY  HOUSE,  SELL OR TRADE ANIMALS.  FIRE PROTECTION
 SYSTEMS SHALL BE INSTALLED, INSPECTED, TESTED AND MAINTAINED PER  APPRO-
 PRIATE CODES AND REFERENCED STANDARDS HEREIN: IF IN THE FIVE BOROUGHS OF
 THE  CITY  OF NEW YORK PER NEW YORK CITY BUILDING CODE AND NEW YORK CITY
 FIRE CODE OR OUTSIDE OF THE FIVE BOROUGHS OF THE CITY OF  NEW  YORK  PER
 THE  NEW  YORK  STATE  UNIFORM  FIRE PREVENTION AND BUILDING CODE AN THE
 STATE ENERGY CONSERVATION CONSTRUCTION CODE FOR  THE  CORRECT  OCCUPANCY
 TYPE AND ANY APPROVED "MORE RESTRICTIVE LOCAL STANDARDS".
   (B) IF ANY FIRE PROTECTION SYSTEM BECOMES INOPERATIVE AT ANY TIME, THE
 PET  DEALER  SHALL  TAKE IMMEDIATE ACTION TO NOTIFY THE CODE ENFORCEMENT
 OFFICE AND HAVE THE SYSTEM RESTORED TO PROPER WORKING ORDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01780-01-7

              

 A. 435                              2
 
   2. 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.
   §  2.  The  commissioner  of  agriculture and markets shall promulgate
 rules, regulations and standards as he or she deems necessary to  imple-
 ment  the provisions of this act on or before its effective date and, in
 conjunction with the appropriate agency,  whether  the  New  York  state
 department  of  state  code enforcement and administration division, New
 York city department of buildings or  New  York  city  fire  department,
 shall establish standards for the installation, operation and inspection
 of  fire protection systems installed pursuant to the provisions of this
 act.
   § 3. This act shall take effect one year after it shall have become  a
 law,  except  that buildings in existence or new construction with pres-
 ently approved plans as of the effective date of  this  act  shall  have
 until the following year to comply with the provisions of this act.