|SAME AS||SAME AS S03078-A|
|Ren §407 to be §408, add §407, Ag & Mkts L|
|Requires the installation and testing of fire protection systems at pet stores.|
|01/14/2019||referred to agriculture|
A00998 Committee Votes:Go to top
A00998 Floor Votes:
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A998 SPONSOR: Rosenthal L
TITLE OF BILL: 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   PURPOSE: This bill ensures 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: Section one renumbers Section 407 of the agriculture and markets law to Section 408 and adds a new section 407. Section two authorizes the Commissioner of the Department of Agriculture and Markets to promulgate rules, regulations, and standards to implement this act. Section three sets forth the effective date.   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 appli- ances, such as heat lamps, in proximity or right next to flammable mate- rials (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 county, 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 yelping and crying animals from burning to death. For instance, the 2006 fire in Queens County resulted in the death of hundreds of animals in cruel and terrifying conditions, with eleven firefighters withstand- ing injuries. This bill can help to prevent these unnecessary tragedies.   LEGISLATIVE HISTORY: 2017-18: A.435 - Referred to Agriculture 2015-16: A.6378 - Referred to Agriculture   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This bill shall take effect one year after it becomes a law, except that buildings in existence or new construction with presently approved plans as of the effective date of this act shall have until the following year to comply with the provisions of this act.
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STATE OF NEW YORK ________________________________________________________________________ 998 2019-2020 Regular Sessions IN ASSEMBLY January 14, 2019 ___________ Introduced by M. of A. L. 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: 1 Section 1. Section 407 of the agriculture and markets law is renum- 2 bered section 408 and a new section 407 is added to read as follows: 3 § 407. 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 protection systems. (a) Approved devices, equipment and 8 systems or combinations of systems used to detect a fire, activate a 9 fire alarm, extinguish or control a fire, control or manage smoke and 10 products of a fire or any combination thereof shall be provided in all 11 retail and wholesale establishments utilized by a pet dealer to perma- 12 nently or temporarily house, sell or trade animals. Fire protection 13 systems shall be installed, inspected, tested and maintained per appro- 14 priate codes and referenced standards herein: if in the five boroughs of 15 the city of New York per New York city building code and New York city 16 fire code or outside of the five boroughs of the city of New York per 17 the New York state uniform fire prevention and building code and the 18 state energy conservation construction code for the correct occupancy 19 type and any approved "more restrictive local standards". 20 (b) If any fire protection system becomes inoperative at any time, the 21 pet dealer shall take immediate action to notify the code enforcement 22 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. LBD02561-01-9A. 998 2 1 2. Application. (a) The provisions of this section shall apply to 2 existing buildings and to buildings hereafter erected but shall not 3 include buildings zoned residential. 4 (b) For the purposes of this section, 5 (1) "pet dealer" shall have the same meaning as "pet dealer" as 6 defined in subdivision four of section four hundred of this article, and 7 (2) "animal" shall have the same meaning as "companion animal" as 8 defined in subdivision five of section three hundred fifty of this chap- 9 ter. 10 § 2. The commissioner of agriculture and markets shall promulgate 11 rules, regulations and standards as he or she deems necessary to imple- 12 ment the provisions of this act on or before its effective date and, in 13 conjunction with the appropriate agency, whether the New York state 14 department of state code enforcement and administration division, New 15 York city department of buildings or New York city fire department, 16 shall establish standards for the installation, operation and inspection 17 of fire protection systems installed pursuant to the provisions of this 18 act. 19 § 3. This act shall take effect one year after it shall have become a 20 law, except that buildings in existence or new construction with pres- 21 ently approved plans as of the effective date of this act shall have 22 until the following year to comply with the provisions of this act.