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- Reported and committed to rules
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Full text
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Title of bill
An act to amend the executive law and the penal law, in relation to the issuance of permits for the use of fireworks and pyrotechnics on state property
Purpose
This bill would grant the State Office of Fire Prevention and Control ("OFPC") the authority to permit and enforce provisions of the Penal Law relating to fireworks and pyrotechnics on state property.
Summary of provisions
Section 1 of the bill amends Executive Law § 156 to authorize OFPC to issue permits and enforce provisions of the Penal Law with respect to fireworks and pyrotechnics on state property. Section 2 of the bill amends Penal Law § 405.00 to authorize OFPC to issue permits for the display of fireworks on state property. This section also removes outdated language relating to soda acid fire extinguishers and specific language relating to the gallon capacity of fire extinguishers. Section 3 of the bill amends Penal Law § 405.10 to authorize OFPC to issue permits for the use of pyrotechnics on state property. Section 4 of the bill provides for an immediate effective date.
Existing law
Currently, permits for fireworks displays and pyrotechnics on state property are issued by the local government or, if conducted on state park property, by the Office of Parks, Recreation and Historic Preservation.
Justification
In the last five years, the permitting requirements in the Penal Law and the safety criteria in the State Fire Code have become more complex, and many of the local government officials who are currently permitting fireworks on state property do not have the expertise or resources to ensure that the permits are issued in conformance with Penal Law and Fire Code requirements. OFPC has the requisite technical expertise and resources to issue permits for the display of fireworks and use of pyrotechnics on state property to ensure that they are conducted in accordance with the Penal Law and the Fire Code. This bill would also delete outdated language relating to soda acid fire extinguishers, which are no longer manufactured or commercially available, and relating to fire extinguisher gallon capacity requirements, which reflect water-based extinguishers, since it could be more appropriate to require multipurpose dry-chemical extinguishers.
Legislative history
2008: S.7419 - Finance Committee
Fiscal implications
None.
Effective date
This bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.