Bill Text: NY S04086 | 2011-2012 | General Assembly | Amended
Bill Title: Requires the installation and testing of fire equipment and sprinkler systems at pet stores.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-01-09 - PRINT NUMBER 4068B [S04086 Detail]
Download: New_York-2011-S04086-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4086--A 2011-2012 Regular Sessions I N S E N A T E March 17, 2011 ___________ Introduced by Sens. ADDABBO, ESPAILLAT, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture -- 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: 1 Section 1. The agriculture and markets law is amended by adding a new 2 section 408 to read as follows: 3 S 408. FIRE PROTECTION REQUIREMENTS FOR PET STORES. ALL PET DEALERS 4 LICENSED UNDER THIS ARTICLE SHALL PROVIDE FIRE PROTECTION MEASURES FOR 5 EVERY PREMISES AT WHICH THE DEALER HOUSES ANIMALS IN ACCORDANCE WITH THE 6 PROVISIONS OF THIS SECTION. 7 1. FIRE EQUIPMENT. (A) FIRE DETECTION, FIRE ALARM AND FIRE FIGHTING 8 EQUIPMENT, INCLUDING AN ADEQUATE NUMBER OF FIRE EXTINGUISHERS, APPROPRI- 9 ATE TO THE TYPE OF BUILDING AND ANIMALS OCCUPYING SUCH BUILDING, SHALL 10 BE PROVIDED IN ALL RETAIL AND WHOLESALE ESTABLISHMENTS UTILIZED BY A PET 11 DEALER TO HOUSE ANIMALS. FIRE PROTECTION EQUIPMENT THROUGHOUT UNSUPER- 12 VISED SPACES WITHIN THE BUILDING, INCLUDING STOREROOMS, BOILER ROOMS AND 13 EXIT WAYS SHALL INCLUDE AN AUTOMATIC FIRE DETECTION ALARM SYSTEM OF THE 14 HEAT OR SMOKE SENSING TYPE. 15 (B) ALL FIRE DETECTION, FIRE ALARM AND FIRE FIGHTING EQUIPMENT SHALL 16 BE TESTED EVERY SIX MONTHS BY THE PET DEALER AND MAINTAINED IN GOOD 17 WORKING CONDITION. STAFF SHALL BE INSTRUCTED IN THE FUNCTIONING AND 18 OPERATION OF SUCH EQUIPMENT. 19 (C) IF THE FIRE ALARM SYSTEM BECOMES INOPERATIVE AT ANY TIME, THE PET 20 DEALER SHALL TAKE IMMEDIATE ACTION TO HAVE THE FIRE ALARM SYSTEM 21 RESTORED TO PROPER WORKING ORDER. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00349-03-1 S. 4086--A 2 1 2. SPRINKLER SYSTEM. (A) AN ELECTRICALLY SUPERVISED AUTOMATIC SPRIN- 2 KLER SYSTEM, INSTALLED IN CONFORMITY WITH RULES PROMULGATED BY THE 3 COMMISSIONER, SHALL BE PROVIDED IN ALL RETAIL AND WHOLESALE ESTABLISH- 4 MENTS UTILIZED BY A PET DEALER TO HOUSE ANIMALS. THE SPRINKLER SYSTEMS 5 SHALL BE PROVIDED IN ALL PARTS OF BUILDINGS UTILIZED TO HOUSE ANIMALS 6 AND SHALL BE DESIGNED AND INSTALLED IN SUCH MANNER THAT, WHEN ANY 7 PORTION OF THE SYSTEM SERVING SPACES THAT ARE NOT UTILIZED TO HOUSE 8 ANIMALS IS SHUT DOWN, SPRINKLER PROTECTION FOR SPACES UTILIZED TO HOUSE 9 ANIMALS WILL REMAIN OPERATIONAL. AT LEAST ONE AUTOMATIC SPRINKLER HEAD 10 SHALL BE INSTALLED IN THE STAIRWELL AREA OF ANY MEANS OF EGRESS. 11 (B) THE SPRINKLER SYSTEMS SHALL BE INSPECTED AT LEAST EVERY SIX MONTHS 12 BY A COMPETENT PERSON HOLDING A CERTIFICATE OF FITNESS, EMPLOYED BY THE 13 PET DEALER OR THE OWNER OF THE BUILDING, TO SEE THAT ALL PARTS OF THE 14 SYSTEM ARE IN PERFECT WORKING ORDER, AND THAT THE FIRE DEPARTMENT 15 CONNECTION OR CONNECTIONS, IF ANY, ARE READY FOR IMMEDIATE USE BY THE 16 FIRE DEPARTMENT. A DETAILED RECORD OF EACH INSPECTION SHALL BE KEPT FOR 17 EXAMINATION BY A REPRESENTATIVE OF THE FIRE DEPARTMENT. SUCH RECORDS 18 SHALL BE KEPT FOR THREE YEARS. 19 3. DISCONNECTION. IF, FOR ANY REASON, IT BECOMES NECESSARY TO DISCON- 20 NECT THE SOURCE OF CURRENT OF ANY FIRE ALARM SYSTEM OR THE SPRINKLER 21 SYSTEM, THE PET DEALER SHALL NOTIFY THE FIRE DEPARTMENT IN ADVANCE OF 22 EACH DISCONNECTION, STATING THE REASONS THEREFOR, AND SHALL NOTIFY THE 23 FIRE DEPARTMENT AT THE TIME THE SOURCE OF CURRENT OF THE FIRE ALARM 24 SYSTEM OR THE SPRINKLER SYSTEM IS RE-CONNECTED. 25 4. APPLICATION. (A) THE PROVISIONS OF THIS SECTION SHALL APPLY TO 26 EXISTING BUILDINGS AND TO BUILDINGS HEREAFTER ERECTED BUT SHALL NOT 27 INCLUDE BUILDINGS ZONED RESIDENTIAL. 28 (B) FOR THE PURPOSES OF THIS SECTION, 29 (1) "PET DEALER" SHALL HAVE THE SAME MEANING AS "PET DEALER" AS 30 DEFINED IN SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THIS ARTICLE, AND 31 (2) "ANIMAL" SHALL HAVE THE SAME MEANING AS "COMPANION ANIMAL" AS 32 DEFINED IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF THIS CHAP- 33 TER. 34 S 2. The commissioner shall promulgate rules, regulations and stand- 35 ards as he or she deems necessary to implement the provisions of this 36 act on or before its effective date and, in conjunction with the state 37 fire administrator, shall establish standards for the installation, 38 operation and inspection of fire equipment and sprinkler systems 39 installed pursuant to the provisions of this act. 40 S 3. This act shall take effect January 1, 2012, except that buildings 41 in existence as of the effective date of this act shall have until Janu- 42 ary 1, 2014 to comply with the provisions of this act.