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STATEMENTS OF POLICY

Title 7—AGRICULTURE

DEPARTMENT OF AGRICULTURE

[ 7 PA. CODE CH. 28c ]

Commercial Kennel Ventilation Requirements for Areas where Puppies are Housed in Primary Enclosures with Their Dam or Foster Dam

[41 Pa.B. 351]
[Saturday, January 15, 2011]

 The Department of Agriculture (Department), under the general authority in section 901 of the Dog Law (act) (3 P. S. § 459-901), adds Chapter 28c (relating to commercial kennel ventilations requirements for areas where puppies are housed in primary enclosures with a dam or foster dam—statement of policy) to read as set forth in Annex A.

Scope

 This statement of policy applies to commercial kennels licensed by the Department's Bureau of Dog Law Enforcement, as defined in section 102 of the act (3 P. S. § 459-102).

Purpose

 The purpose of this statement of policy is to provide direction to commercial kennel owners regarding ventilation requirements for areas where puppies are housed in primary enclosures with their dam or foster dam.

Background

 The purpose of this statement of policy is to clarify the commercial kennel ventilation requirements in §§ 28a.2 (f)(2) and 28a.3(b)(1) and (2) (relating to ventilation; and auxiliary ventilation) of the commercial kennel canine health regulations by providing direction to commercial kennel owners regarding calculation of the ventilation requirements for areas where puppies are housed in primary enclosures with their dam or foster dam.

Discussion

 Section 28a.2(f)(2) requires areas of kennels where dogs are housed to maintain a total volumetric air flow of 100 cubic feet per minute (CFM) per dog. Section 28a.3(b)(1) and (2) provides for auxiliary ventilation when kennel temperatures rise above 85° Fahrenheit or there is a failure or malfunction of the primary ventilation system, and a specified method of auxiliary ventilation is to increase air flow from 100 to 200 CFM per dog.

 Section 207(h)(4) of the act (3 P. S. § 459-207(h)(4) requires separate primary enclosures for bitches with litters and for puppies under 12 weeks of age housed with dams or foster dams. Section 603(b) of the act (3 P. S. § 459-603(b)) allows puppies to be sold or transferred at 8 weeks of age. The act uses the term ''puppy'' as distinct from ''dog,'' but does not specifically define ''puppy.''

 Interpreting the total volumetric air flow requirements, expressed as CFM ''per dog,'' to require 100 or 200 CFM additional air flow for each young puppy housed in a primary enclosure with a dam or foster dam would produce multiplied and excessive air flow in these situations and would not ''provide for the health and well-being'' of dogs as mandated under section 207(h) of the act, requiring ventilation ranges to be set by regulation. The number of puppies actually housed in primary enclosures with dams or foster dams is also subject to frequent change, hindering the practical ability to perform these calculations for design purposes.

 To clarify the proper calculation of volumetric air flow requirements for areas where puppies are housed in primary enclosures with dams or foster dams, the Department adds this statement of policy.

Summary of Major Features

 The requirement established by this statement of policy is that calculation of volumetric air flow requirements per dog, for kennel areas where puppies are housed in primary enclosures with their dam or foster dam, shall be based only on the number of dogs 12 weeks of age and older in these primary enclosures, not on the total number of dogs of any age. The corollary is that dogs that are not housed in the same primary enclosure with their dam or foster dam shall be included in calculations of volumetric air flow requirements per dog.

Fiscal Impact

Commonwealth

 This statement of policy will not have additional fiscal impact on the Department. The Department is already required to obtain compliance certifications of engineers from commercial kennel owners and to inspect kennels for compliance with the act and the regulations. Direction for calculating volumetric air flow in areas where puppies are housed in primary enclosures with their dam or foster dam will eliminate confusion and reduce inquiries about this situation.

Political subdivisions

 This statement of policy will have no effect on political subdivisions and will not create additional enforcement or administrative costs.

Private sector

 The act already requires that commercial kennel owners perform this air flow calculation. Therefore, this statement of policy, which merely clarifies how to perform the calculation in certain situations, does not create additional costs not already imposed by the act.

General public

 No additional direct or indirect costs will be imposed on the general public by this statement of policy.

Paperwork Requirements

 No additional paperwork will be required beyond publication and distribution of this statement of policy.

Effective Date

 This statement of policy will be effective immediately upon publication in the Pennsylvania Bulletin.

Sunset Date

 There is no sunset date for this statement of policy. The Department will review its efficacy on an ongoing basis.

Fiscal Note: 2-173. No fiscal impact; (8) recommends adoption.

RUSSELL C. REDDING, 
Secretary

 (Editor's Note: Title 7 of the Pennsylvania Code is amended by adding statements of policy in § 28c.1 to read as set forth in Annex A.)

Annex A

TITLE 7. AGRICULTURE

PART II. DOG LAW ENFORCEMENT BUREAU

CHAPTER 28c. COMMERCIAL KENNEL VENTILATION REQUIREMENTS FOR AREAS WHERE PUPPIES ARE HOUSED IN PRIMARY ENCLOSURES WITH A DAM OR FOSTER DAM—STATEMENT OF POLICY

Sec.

28c.1.Calculation of volumetric air flow requirements for areas of commercial kennels where puppies are housed in primary enclosures with their dam or foster dam.

§ 28c.1. Calculation of volumetric air flow requirements for areas of commercial kennels where puppies are housed in primary enclosures with their dam or foster dam.

 Volumetric air flow per dog, as set forth in §§ 28a.2(f)(2) and 28a.3(b)(1) and (2) (relating to ventilation; and auxiliary ventilation) of the commercial kennel canine health regulations requiring volumetric air flow of 100 cubic feet per minute (CFM) per dog and 200 CFM per dog respectively, in kennel areas where dogs are housed in the same primary enclosure as their dam or foster dam, will be considered compliant with §§ 28a.2 (f)(2) and 28a.3(b)(1) and (2) if based upon a calculation of the number of dogs 12 weeks of age and older housed in those primary enclosures.

[Pa.B. Doc. No. 11-77. Filed for public inspection January 14, 2011, 9:00 a.m.]



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