S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7408
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 15, 2013
                                      ___________
       Introduced  by  M. of A. ENGLEBRIGHT, DUPREY -- (at request of the Divi-
         sion of Homeland Security and Emergency Services)  --  read  once  and
         referred to the Committee on Governmental Operations
       AN  ACT  to  amend  the  executive law and the penal law, in relation to
         enhancing fire safety on state property
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  19  of  section 156 of the executive law, as
    2  renumbered by chapter 615 of the laws of 2006, is renumbered subdivision
    3  20 and a new subdivision 19 is added to read as follows:
    4    19. ISSUE PERMITS AND ENFORCE THE PROVISIONS OF ARTICLE  FOUR  HUNDRED
    5  FIVE  OF  THE  PENAL LAW FOR THE PUBLIC DISPLAYS OF FIREWORKS AND INDOOR
    6  PYROTECHNICS ON OR WITHIN STATE PROPERTY, UNLESS SUCH AUTHORITY HAS BEEN
    7  DELEGATED PURSUANT TO THE  RULES  AND  REGULATIONS  PROMULGATED  BY  THE
    8  OFFICE OF FIRE PREVENTION AND CONTROL.
    9    S  2.  Section  405.00  of  the penal law, subdivision 1 as amended by
   10  chapter 661 of the laws of 1972 and subdivisions 2,  3,  3-a  and  4  as
   11  amended  by  section 21 of part CC of chapter 57 of the laws of 2009, is
   12  amended to read as follows:
   13  S 405.00 Permits for public displays of fireworks.
   14    1. Definition of "permit authority." The term "permit  authority,"  as
   15  used  in this section, means and includes the agency authorized to grant
   16  and issue the permits provided in this section[,  which  agency  in  the
   17  territory  within  a state park shall be the state agency having custody
   18  and control thereof, in the]. THE PERMIT AUTHORITY ON  OR  WITHIN  STATE
   19  PROPERTY  SHALL BE THE OFFICE OF FIRE PREVENTION AND CONTROL. THE PERMIT
   20  AUTHORITY FOR territory within a county park shall be  the  county  park
   21  commission,  or  such  other  agency having jurisdiction, control and/or
   22  operation of the parks or parkways within which any fireworks are to  be
   23  displayed[,].  THE  PERMIT AUTHORITY in a city shall be the duly consti-
   24  tuted licensing agency thereof and, in the absence of such agency, shall
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09013-01-3
       A. 7408                             2
    1  be an officer designated for the purpose by the legislative body  there-
    2  of[,].  THE PERMIT AUTHORITY in a village shall be an officer designated
    3  for the purpose by the board of trustees thereof and THE PERMIT AUTHORI-
    4  TY  in  the  territory of a town outside of villages shall be an officer
    5  designated for the purpose by the town board thereof.
    6    2. Permits for fireworks displays. Notwithstanding the  provisions  of
    7  section  270.00  of  this chapter, the permit authority [of a] FOR state
    8  [park] PROPERTY, county [park, city, village  or  town]  PARKS,  CITIES,
    9  VILLAGES,  OR  TOWNS  may grant a permit for the display of fireworks to
   10  municipalities, fair associations, amusement parks, persons,  or  organ-
   11  izations  of  individuals  that  submit  an  application in writing. The
   12  application for such permit shall set forth:
   13    (a) The name of the body sponsoring the display and the names  of  the
   14  persons  actually to be in charge of the firing of the display who shall
   15  possess a  valid  certificate  of  competence  as  a  pyrotechnician  as
   16  required under the general business law and article sixteen of the labor
   17  law.  The  permit application shall further contain a verified statement
   18  from the applicant identifying the individuals  who  are  authorized  to
   19  fire  the  display  including  their  certificate numbers, and that such
   20  individuals possess a valid certificate of competence as  a  pyrotechni-
   21  cian.
   22    (b) The date and time of day at which the display is to be held.
   23    (c) The exact location planned for the display.
   24    (d) The number and kind of fireworks to be discharged.
   25    (e)  The  manner  and  place of storage of such fireworks prior to the
   26  display.
   27    (f) A diagram of the grounds on which the display is to be held  show-
   28  ing  the point at which the fireworks are to be discharged, the location
   29  of all buildings, highways and other lines of communication,  the  lines
   30  behind  which  the  audience  will be restrained and the location of all
   31  nearby  trees,  telegraph  or  telephone   lines   or   other   overhead
   32  obstructions.
   33    (g)  Such other information as the permit authority may deem necessary
   34  to protect persons or property.
   35    3. Applications for permits. All  applications  for  permits  for  the
   36  display  of fireworks shall be made at least five days in advance of the
   37  date of the display and the permit shall  contain  provisions  that  the
   38  actual  point  at  which  the fireworks are to be fired be in accordance
   39  with the rules promulgated by the  commissioner  of  labor  pursuant  to
   40  section four hundred sixty-two of the labor law and that all the persons
   41  in  actual charge of firing the fireworks shall be over the age of eigh-
   42  teen years, competent and physically fit for the task, that there  shall
   43  be  at  least two such operators constantly on duty during the discharge
   44  and that at least two approved type fire extinguishers shall be kept  at
   45  as  widely  separated  points  as possible within the actual area of the
   46  display. FOR ANY APPLICATIONS MADE FOR THE DISPLAY OF FIREWORKS ON STATE
   47  PROPERTY, THE STATE FIRE ADMINISTRATOR SHALL COORDINATE THE ISSUANCE  OF
   48  SUCH  PERMITS  WITH  THE  HEAD OF THE POLICE OR FIRE DEPARTMENT OR BOTH,
   49  WHERE THERE ARE SUCH DEPARTMENTS.  The  legislative  body  of  a  [state
   50  park,]  county  park,  city, village or town may provide for approval of
   51  such permit by the head of the police or fire department or  both  where
   52  there  are  such  departments.    No permit granted and issued hereunder
   53  shall be transferable. After such permit shall have been granted, sales,
   54  possession, use and distribution of fireworks for such display shall  be
   55  lawful solely therefor.
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    1    3-a.  Notwithstanding  the  provisions  of  subdivision  three of this
    2  section, no permit may be issued to conduct a display of fireworks  upon
    3  any  property where the boundary line of such property is less than five
    4  hundred yards from the boundary line of any  property  which  is  owned,
    5  leased  or  operated  by  any  breeder as defined in subdivision four of
    6  section two hundred fifty-one of the racing,  pari-mutuel  wagering  and
    7  breeding law.
    8    4.  Bonds. Before granting and issuing a permit for a display of fire-
    9  works as herein provided, the permit authority shall require an adequate
   10  bond from the applicant therefor, unless it is a  state  [park]  ENTITY,
   11  county  park,  city, village or town, in a sum to be fixed by the permit
   12  authority, which, however, shall not be less than one  million  dollars,
   13  conditioned  for  the  payment  of all damages, which may be caused to a
   14  person or persons or to property, by reason of the display so  permitted
   15  and  arising  from any acts of the permittee, his OR HER agents, employ-
   16  ees, contractors or subcontractors. Such bond shall  run  to  the  state
   17  [park,]  IF THE PERMIT IS GRANTED FOR A DISPLAY ON STATE PROPERTY, OR TO
   18  THE county park, city, village or town in which the  permit  is  granted
   19  and issued and shall be for the use and benefit of any person or persons
   20  or  any  owner or owners of any property so injured or damaged, and such
   21  person or persons or such owner or owners are hereby authorized to main-
   22  tain an action thereon, which right of action also shall accrue  to  the
   23  heirs,  executors,  administrators, successors or assigns of such person
   24  or persons or such owner or owners. The permit authority may accept,  in
   25  lieu of such bond, an indemnity insurance policy with liability coverage
   26  and  indemnity  protection  equivalent  to the terms and conditions upon
   27  which such bond is predicated and for  the  purposes  provided  in  this
   28  section.
   29    5.  Local  ordinances  superseded.  All local ordinances regulating or
   30  prohibiting the display  of  fireworks  are  hereby  superseded  by  the
   31  provisions  of  this section. Every city, town or village shall have the
   32  power to enact ordinances or local laws regulating  or  prohibiting  the
   33  use,  or the storage, transportation or sale for use of fireworks in the
   34  preparation for or in connection with television broadcasts.
   35    S 3. Paragraph n of subdivision 1 and subdivision 4 of section  405.10
   36  of  the  penal  law,  as  added  by chapter 584 of the laws of 2003, are
   37  amended to read as follows:
   38    n. Permit authority. The agency authorized  to  grant  and  issue  the
   39  permits  provided  for  in  this section[, which agency in the territory
   40  within a state park shall be the state agency having custody and control
   41  thereof] ON OR WITHIN  STATE  PROPERTY  SHALL  BE  THE  OFFICE  OF  FIRE
   42  PREVENTION  AND  CONTROL, in the territory within a county park shall be
   43  the county park commission, or such other  agency  having  jurisdiction,
   44  control,  and/or  operation  of  the  parks or parkways within which any
   45  pyrotechnics are to be used, in a city shall  be  the  duly  constituted
   46  licensing agency thereof and, in the absence of such agency, shall be an
   47  officer designated for the purpose by the legislative body thereof, in a
   48  village  shall  be an officer designated for the purpose by the board of
   49  trustees thereof, and, in the territory of a town outside  of  villages,
   50  shall  be an officer designated for the purpose by the town board there-
   51  of.
   52    4. Bonds. Before granting and issuing a permit for a use of  pyrotech-
   53  nics  as provided in this section, the permit authority shall require an
   54  adequate bond from the applicant therefor, unless such  applicant  is  a
   55  state  [park]  ENTITY,  county park, city, village, or town, or from the
   56  person to whom a contract for such use shall be awarded, in a sum to  be
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    1  fixed  by  the  permit authority, which, however, shall not be less than
    2  five hundred thousand  dollars,  conditioned  for  the  payment  of  all
    3  damages  which  may  be  caused to a person or persons or to property by
    4  reason  of the use so permitted and arising from any acts of the permit-
    5  tee, his or her agents, employees, contractors, or subcontractors.  Such
    6  bond  shall  run  to  the  owner of the facility for which the permit is
    7  granted and issued and shall be for the use and benefit of any person or
    8  persons or any owner or owners of any property so  injured  or  damaged,
    9  and such person or persons or such owner or owners are hereby authorized
   10  to  maintain  an action thereon, which right of action also shall accrue
   11  to the heirs, executors, administrators, successors, or assigns of  such
   12  person  or  persons  or  such  owner or owners. The permit authority may
   13  accept, in lieu of such bond, an indemnity insurance policy with liabil-
   14  ity coverage and indemnity protection equivalent to the terms and condi-
   15  tions upon which such bond is predicated and  for  the  purposes  herein
   16  provided.
   17    S 4. This act shall take effect immediately.