A00998 Summary:

BILL NOA00998
 
SAME ASSAME AS S03078-A
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Ren 407 to be 408, add 407, Ag & Mkts L
 
Requires the installation and testing of fire protection systems at pet stores.
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A00998 Actions:

BILL NOA00998
 
01/14/2019referred to agriculture
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A00998 Committee Votes:

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A00998 Floor Votes:

There are no votes for this bill in this legislative session.
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A00998 Memo:

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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A00998 Text:



 
                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.
                                                                   LBD02561-01-9

        A. 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.
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