[40 Pa.B. 6903]
[Saturday, November 27, 2010]
[Continued from previous Web Page] § 28a.5. Ammonia levels.
Sections 207(h)(7) and 221(f) of the act confer upon the Board and the Department, as the promulgating agency, the authority and the absolute duty to establish ammonia levels that account for the health and welfare of dogs housed in commercial kennels. Section 207(h)(7) of the act states that ''Housing facilities for dogs must be sufficiently ventilated at all times when dogs are present to provide for their health and well-being and to minimize odors, drafts, ammonia levels. . . . The appropriate . . . ammonia ranges shall be determined by the Canine Health Board.'' Section 221(f) of the act, regarding the purpose of the Board, states that ''The board shall determine the standards based on animal husbandry practices to provide for the welfare of dogs under section 207(h)(7). . . .''
The level in § 28a.5(a) was established after consultations with veterinarians and animal scientists. The consensus was that levels of 10 ppm were too low to be accurately measured, but that levels of 20 ppm were too high for long term exposure. Therefore, the agreement was that a level of 15 ppm or lower was the appropriate standard. The 20 ppm decision was based on the expertise of the veterinarians and animal scientists and their experience with animal husbandry and the effects of ammonia levels of 20 ppm on the eyes and respiratory system of agricultural animals. The measurement standards in subsection (b) were established because the science around ammonia establishes that it is a heavy gas that will be found close to the floor of an enclosed building. The consensus of the engineers and the veterinarians was that the readings should therefore be taken at the level of the dogs.
§ 28a.6. Carbon monoxide detectors.
Sections 207(h)(7) and 221(f) of the act confer upon the Board and the Department, as the promulgating agency, the authority and the absolute duty to establish proper ventilation rates that account for the health and welfare of dogs housed in commercial kennels. Section 207(h)(7) of the act states that ''Housing facilities for dogs must be sufficiently ventilated at all times when dogs are present to provide for their health and well-being and to minimize odors, drafts, ammonia levels and to prevent moisture condensation. . . . The appropriate . . . ventilation . . . ranges shall be determined by the Canine Health Board.'' Section 221(f) of the act states that ''The board shall determine the standards based on animal husbandry practices to provide for the welfare of dogs under section 207(h)(7). . . .'' The definition of ''ventilation'' in § 28a.1 (meeting the engineers' approval) includes ''. . . replacing air in any space to control temperature and humidity or remove moisture, odors, smoke, heat, dust, airborne bacteria, carbon monoxide, carbon dioxide, and to replenish oxygen.''
The Department, after consulting with the engineers, animal scientists and veterinarians from the Board and the Department and reviewing comments, determined that carbon monoxide should be monitored to assure the proper ventilation ranges are being achieved and to assure the welfare of the dogs. Carbon monoxide is an odorless and colorless gas that is deadly if there is prolonged exposure to a range that is too high. The persons consulted felt it was absolutely necessary to, while not establishing ranges, at least monitor for the gas. The final-form rulemaking does not include a set range, instead requiring the installation of common carbon monoxide monitoring devices in kennels that utilize carbon monoxide emitting devices. The regulation is tailored only to kennels that may have a carbon monoxide build up, sets an objective standard by requiring common detection devices to be installed and does not add a big equipment or monitoring cost to the regulation.
§ 28a.7. Lighting.
Section 28a.7 (relating to lighting) delineates lighting standards for both natural and artificial light in accordance with the duty and requirements in section 207(h)(8) of the act.
The Department agreed with the comments that the first sentence was not proper regulatory language and deleted that sentence from the final-form rulemaking. In addition, the final-form rulemaking does not require natural light or some of the mandates in the proposed rulemaking associated with providing natural light.
The Department deleted from the final-form rulemaking what was in proposed § 28a.3(1)(i)—(vi). This paragraph related to natural lighting. The Department agrees there is no legal authority to require natural light when the act states light shall be provided by natural or artificial means.
The provisions deleted from the final-form rulemaking required the following: subparagraph (i), each dog have exposure to natural light through windows, skylights or other external openings; subparagraph (ii), a total combined minimum amount of the kennel area that must be external openings, such as windows or skylights (8% of the floor space); subparagraph (iii), dogs be protected from excessive light (this requirement is in the act and has been retained in the final-form rulemaking); subparagraph (iv), provide an outdoor area of shade; and subparagraphs (v) and (vi) set requirements that kennels receiving approval to provide indoor exercise only be required to be configured in a manner that would provide natural light to each primary enclosure and provide full spectrum lighting.
In addition, proposed § 28a.3(2)(i)—(v) set forth requirements for artificial lighting. Those standards have been revised in the final-form rulemaking, as described in more detail as follows.
The Department added provisions to the final-form rulemaking that allow for natural or artificial lighting, or both. The final-form rulemaking provides general lighting standards that apply to both natural and artificial lighting and specific standards that apply only to natural or artificial lighting.
Section 28a.7(a) provides the general lighting standards that apply to all lighting, from either natural or artificial means. These general standards in § 28a.7(a)(1)—(3) and (5) mirror section 207(h)(8) of the act, which states that ''Housing facilities for dogs must be lighted well enough to permit routine inspection and cleaning of the facility and observation of the dogs. Animal areas must be provided a regular diurnal lighting cycle of either natural or artificial light. Lighting must be uniformly diffused throughout housing facilities and provide sufficient illumination to aid in maintaining good housekeeping practices, adequate cleaning and observation of animals at any time and for the well-being of the animals. Primary enclosures must be placed so as to protect the dogs from excessive light. The appropriate lighting ranges shall be determined by the Canine Health Board.''
Section 28a.7(a)(1) relates to sufficient lighting to allow for observation and maintenance provisions of the act.
Section 28a.7(a)(2) relates to uniform diffusion of the lighting.
Section 28a.7(a)(3) sets forth the diurnal lighting cycle language from the act.
Section 28a.7(a)(4) establishes the lighting ranges that shall be provided to carry out the mandates in section 207(h)(8) of the act. The Department changed these standards in the final-form rulemaking. The revisions were based on additional research and consultations undertaken by the Department in response to comments that stated the lighting ranges in the proposed rulemaking, up to 80 foot candles, were excessive. The standards established in the final-form rulemaking, 40—60 foot candles, are based on NIH standards and the fact that exam rooms at PSU require lighting of 40—60 foot candles. The Department, with the assistance of members of the Board and Department veterinarians, did additional research into the issue of the proper illumination levels in kennels. In addition, the Department spoke with animal husbandry scientists at PSU and with engineers who design kennel buildings. The consensus was that 40—60 foot candles of light is necessary to assure proper animal husbandry practices, including the ability to monitor the dogs, assure sanitation and cleanliness of the kennel (compliance with statutory and regulatory standards) and provide for the proper health and welfare of the dogs.
Section 28a.7(a)(5) reiterates the exposure to excessive light standard in the act.
Section 28a.7(b) establishes additional standards that are specific to natural light and artificial light sources.
With regard to natural light, in § 28a.7(b)(1), the Department followed the language in the Animal Welfare Act requiring that a window or opening, with the exception of the openings that provide for unfettered access to the exercise area, which provides natural light shall be covered with a transparent material such as glass or hard plastic and remain unobstructed.
With regard to artificial light, the Department made the following changes to proposed § 28a.3(2) (final-form § 28a.7(b)(2)(i)—(iii)).
Section 28a.7(b)(2)(i) requires that artificial lighting be provided by full spectrum lighting. Full spectrum lighting is the only lighting source that nearly approximates the spectrum of light provided by the sun. According to the veterinarians consulted by the Department, natural sunlight is important for the health of dogs housed in kennels for vitamin D levels and eye development, among other issues. Therefore, the lighting to be provided has been determined to be full spectrum, which most closely imitates the spectrum and wavelengths of light received from the sun. The Department moved the foot candle provisions from this section and to the general standards of the final-form rulemaking. In addition, the foot candle standard was reduced from 50—80 to 40—60 foot candles.
The Department deleted the requirement in proposed § 28a.3(2)(ii) regarding providing night time artificial lighting. The purpose of this subparagraph was to provide some low level lighting to allow for the natural startle responses. However, it became apparent from the comments received that the subparagraph was causing confusion. The veterinarians consulted agreed the provision could be taken out without harming the welfare of the dogs.
Proposed § 28a.3(2)(iii) was deleted and similar language was moved to the general provisions of the final-form rulemaking.
The Department amended proposed § 28a.3(2)(iv), final-form § 28a.7(b)(2)(ii). After consulting with Board members, it became apparent that the intent of the subparagraph was to assure the lighting was kept in good repair. The Department removed the phrase ''may not have a visible flicker'' and utilized language that brings clarity and objectivity to the subparagraph.
The Department amended proposed § 28a.3(2)(v), final-form § 28a.7(b)(2)(iii). The purpose of the subparagraph was to assure the lighting sources are placed and utilized in a manner that will not cause injury to a dog. The new language more clearly expresses the intent and gives examples.
Proposed § 28a.3(3), regarding applicable codes, has been deleted from the final-form rulemaking. Local codes vary and are enforced by the local township, borough or municipality. The Department could not know all applicable local codes and does not have authority to enforce those codes. Kennel owners will be required by local and Federal code officials to comply with applicable codes.
§ 28a.8. Flooring.
The final-form rulemaking, at the suggestion of IRRC and other commentators, has been amended to delineate the flooring standards established by the act and set forth alternative flooring standards in a separate subsection. This should provide the regulated community with more clarity regarding the standards established by the act and the regulation.
Section 28a.8(a)(1) and (2) reiterates the flooring standards in section 207(h)(9) and (i)(3)(i) of the act.
Section 28a.8(b) reiterates the flooring requirements in section 207(i)(3)(ii) of the act, regarding slatted flooring.
Section 28a.8(c) sets forth the Board's authority under section 207(i)(3)(iii) of the act and is inserted to provide clarity to the regulated community.
Section 28a.8(d) establishes standards for additional flooring options and maintains most of the standards set forth by the Board in its guidelines and in the proposed rulemaking.
Proposed § 28a.4(1) was deleted and combined with proposed § 28a.4(2) to form § 28a.8(d)(1). The Department, in response to comments, added clarifying language to this provision. The clarifying language nearly mirrors the language of the Animal Welfare Act regulations regarding proper drainage.
Section 28a.8(d)(2) was revised to denote that when a drain is provided, it must have a drain cover. The purpose of a drain cover is to assure a dog's foot, paw or pad will not become stuck or be harmed by an open drain.
Section 28a.8(d)(3) amends proposed § 28a.4(4). The revisions were made in response to comments that stated the provisions needed more clarity. The Department more closely set forth the intent of the provision, which is that materials that may harm the dog because they become exceptionally hot when exposed to direct rays of the sun or a heating source may not be utilized. The Department also separated the provision regarding radiant heat flooring from this provision.
Section 28a.8(d)(4) was added after consultation with the Department's Bureau of Dog Law Enforcement (Bureau) and Board veterinarians to address animal husbandry and dog welfare issues not addressed in the proposed rulemaking. The Board is required to address these issues, under section 221(f) of the act, when reviewing alternative flooring options. The Bureau has witnessed the foot and pad problems in § 28a.8(d)(4). These are the very problems and dog welfare issues the act was intended to rectify. The language of this provision makes it clear that alternative flooring that would continue to cause the problems delineated in the provision is not acceptable.
Section 28a.8(d)(5) was added to specifically address the use of radiant heat flooring or floor cooling systems. Radiant heat floors were addressed in the proposed rulemaking. Commentators expressed confusion regarding the language and requested more clarity. The revised language is intended to add clarity and objectivity.
Proposed § 28a.4(5), regarding applicable codes for drains, has been deleted. The Department cannot know the separate applicable local codes, nor does the Department have the authority to enforce local codes. Kennel owners will be required by local and Federal code officials to comply with applicable codes.
Section 28a.8(d)(6) revises proposed § 28a.4(6). The revisions were made in response to comments suggesting the language of the proposed rulemaking was not clear or objective enough. The new language adds clarity and objectivity. Examples of materials were deleted because they seemed to cause confusion as to whether they were the only materials allowed and since the new language adds clarity.
Section 28a.8(d)(7) was revised to add clarity. The new language is consistent with the act and the Department's regulations and references the applicable provisions. This should add the clarity and objectivity necessary for compliance and enforcement.
Section 28a.8(d)(8) was revised in response to comments regarding clarity.
Section 28a.8(e) was added to provide clarity and harmonize the flooring standards in the act that relate to dogs under 12 weeks of age and dogs over 12 weeks of age. The act does not enumerate a specific standard for flooring in primary enclosures containing nursing mothers and their litters of dams and foster dams with puppies less than 12 weeks of age. This final-form rulemaking establishes a percentage of flooring that is required to meet the adult dog flooring provisions in section 207(i)(3) of the act and which the Department believes will allow enough room for the adult dog and puppies to avoid the wire flooring, but also allows an area of wire flooring to address the concerns of the PVMA and other veterinarians regarding the puppies' waste not remaining in the primary enclosure, soiling the puppies and resulting in either the puppies or the mother dog eating the feces.
§ 28a.9. Scope and effective date.
This section was added to clarify that the regulations pertain only to commercial kennels. This section also establishes the effective date of the regulations.
Fiscal Impact
Commonwealth
The final-form rulemaking imposes additional fiscal impacts upon the Bureau. As set forth more specifically in the Regulatory Analysis Form, the cost to the Commonwealth, in the first year of the regulations, will be approximately $64,825. The general breakdown of those first year costs are as follows: $30,000 for computer programming upgrades and changes to existing forms; $16,539 for humidity/temperature data loggers that will be purchased and installed by the Department; $13,000 to equip the kennel inspectors with the necessary light, ammonia and other measurement devices; and $5,000 for training costs. Those costs will be paid for entirely from the Dog Law Restricted Account. General fund money will not used. The Department provided in the Regulatory Analysis Form an estimate of costs to the Bureau to enact and enforce the new regulatory standards that would be imposed by the final-form rulemaking.
Political subdivisions
The addition of mechanical ventilation, additional artificial or natural lighting and flooring changes may require Pennsylvania Uniform Construction Code (UCC) permit and inspections. This should not specifically increase or decrease costs to local governments. Documentation from the Department of Community and Economic Development's Center for Local Government Services confirmed that municipalities are collecting fees to cover the expenses of UCC administration and enforcement, so that final-form rulemaking will not have a fiscal impact on municipalities. Additional workload generated by the final-form rulemaking will be offset by the fees collected in association with the specific permit.
The enforcement of the final-form rulemaking will neither increase nor decrease costs to local governments. Compliance with the ventilation, lighting and additional flooring standards required under Class C kennels standards will be enforced solely by the Department. Local governments will not have roles in enforcement or other areas associated with the final-form rulemaking.
Most municipalities do not have commercial kennels. The majority of commercial kennels are in 10 of the 67 counties in this Commonwealth and more than half are in Lancaster County. Commercial kennels represent about 6% of the total number of kennels regulated by the Department.
Private sector
The final-form rulemaking will impose additional costs, most of which will be imposed for initial compliance, on the regulated community (Class C kennels). Class C kennels will likely have to make changes (some significant depending on the current state of their kennel operation) to comply with the ventilation, humidity, ammonia and lighting provisions of the final-form rulemaking. The flooring provisions of the final-form rulemaking actually expand the type of flooring allowed under section 207(i)(3) of the act and do not impose new requirements. The costs to the regulated community will be varied depending on the size and condition of the existing kennel. The Department provided in the Regulatory Analysis Form an estimate of costs for a commercial kennel to comply with the final-form rulemaking, assuming the kennel does not comply with any of the provisions and would not meet current Federal regulatory standards. The costs include the cost to install and operate (on a daily basis) the proper ventilation, auxiliary ventilation systems and lighting systems that meet the ventilation, humidity, ammonia and lighting standards of the regulation. They also include the cost of any monitoring equipment and the cost of replacing light bulbs and general maintenance. The highest total cost for a kennel in the first year would be approximately $59,000.
The breakdown of costs are based on a 1,500 square foot kennel, which could house about 100 dogs, and generally fall into the following categories: (1) design, installation and certification of the ventilation, auxiliary ventilation, humidity and ammonia systems—$12—$25 per square foot which equals $37,500 at the top end; (2) yearly operation of the systems and cost of lighting and maintenance and replacement bulbs—estimated at $6,400 per year at the top end; (3) cost to install and maintain a full spectrum lighting system—$12,000—$13,500 assuming that infrastructure or wiring in not in place; (4) the cost to install flooring meeting the adult standards in section 207(i)(3) of the act in at least 50% of the floor area in primary enclosures housing nursing mothers or dams and puppies less than 12 weeks of age—$39—$210; and (5) cost to buy measuring tools, which is not absolutely necessary, of just under $1,000. The total high end cost in the first year of the regulation would be approximately $58,610.
Fifty of the 111 remaining commercial kennels are currently licensed by the United States Department of Agriculture and subject to the Animal Welfare Act and its attendant regulations. Those regulations already require kennels to be heated to at least 50° Fahrenheit and kennel owners to reduce temperature levels in kennels to 85° Fahrenheit (see 9 CFR 3.2(a) and 3.3(a)). It allows a 4-hour window to achieve that temperature. In addition, 9 CFR 3.1(d) currently requires licensed kennels to have ''. . . reliable electric power adequate for heating, cooling, ventilation, and lighting, and for caring out other husbandry requirements in accordance with the regulations in this subpart.'' Ventilation, under the Federal standards, may be provided by ''. . . windows, vents, fans, or air conditioning. Auxiliary ventilation, such as fans, blowers, or air conditioning must be provided when the ambient temperature is 85 degrees F . . . or higher. The relative humidity must be maintained at a level that ensures the health and well-being of the dogs . . . housed therein, in accordance with the directions of the attending veterinarian and generally accepted professional and husbandry practices.'' Therefore, the commercial kennels regulated under this final-form rulemaking should already be utilizing some type of auxiliary ventilation when temperatures are above 85° Fahrenheit, should be providing appropriate humidity control and should be doing so in accordance with proper animal husbandry practices, as established by a veterinarian. They should be incurring some electrical, cooling and heating costs and lighting costs under 9 CFR 3.2(c) and 3.3(c).
The remaining commercial kennels are subject to the Department's current regulatory requirements for lighting, ventilation, auxiliary ventilation and temperature and humidity levels, which are vague, but do require some type of systems to be in place.
The ventilation, humidity and lighting standards in the final-form rulemaking add the specificity (required by the act) that is not part of the current Federal or State regulations. The standards established in the final-form rulemaking were done in consultation with veterinarians from the Board who did research into the appropriate ranges and standards required for proper animal husbandry practices and were reviewed and confirmed by Department veterinarians, animal scientists and engineers that build and design kennel housing facilities. The final-form rulemaking imposes specific and objective ranges, as required by the act. Those ranges are based on animal husbandry practices, data, research and expert advice.
General Public
The final-form rulemaking may raise the cost of purchasing a dog and therefore may affect purchasers of dogs. The Department, however, does not have a way to know or calculate if increases will occur, how much increases would be or if they would be implemented by all commercial kennels. The general public will benefit from the final-form rulemaking, as the standards are intended, as were the amendments to the act that precipitated the final-form rulemaking, to improve the health and welfare of the dogs and puppies that are sold to the general public. There are no mandatory requirements imposed on the general public by the final-form rulemaking.
Paperwork Requirements
The Department will not have to develop a large array of new application forms or review procedures, but will have to amend current kennel inspection forms and implement changes to the current computer program regarding kennel inspection. The Department has already worked with its IT department to develop and implement these changes. As set forth in the Regulatory Analysis Form, the total estimated cost to make these changes is $30,000.
Effective Date
The final-form rulemaking has an effective or compliance date of July 1, 2011.
Additional Information
Further information is available by contacting the Department of Agriculture, Bureau of Dog Law Enforcement, 2301 North Cameron Street, Harrisburg, PA 17110-9408; Attn: Special Deputy Secretary Jessie Smith, (717) 214-3447 or Bureau Director Sue West, (717) 787-4833. A copy of the final-form rulemaking, Regulatory Analysis Form and the comment and response document can be found at the Department's web site: www.agriculture. state.pa.us.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 12, 2009, the Department submitted a copy of the notice of proposed rulemaking, published at 39 Pa.B. 5315, to IRRC and the Chairpersons of the House and Senate Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on August 18, 2010, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on August 19, 2010, and approved the final-form rulemaking.
Findings
The Department finds that:
(1) Public notice of intention to adopt this final-form rulemaking has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments received were considered.
(3) Amendments to this final-form rulemaking in response to comments received were made. The amendments were within the scope of the original proposed rulemaking and the purpose of the proposed rulemaking published at 39 Pa.B. 5315 was not enlarged.
(4) The adoption of the final-form rulemaking in the manner provided in this order is necessary and appropriate for the administration of the act.
Order
The Department, acting under the act, orders that:
(a) The regulations of the Department, 7 Pa. Code, are amended by deleting a Statement of Policy in §§ 28.1—28.3 and by adding §§ 28a.1—28a.9 and Appendix A to read as set forth in the Annex A.
(b) The Secretary of Agriculture shall submit this order and Annex A to the Office of General Counsel and Office of Attorney General for approval as required by law.
(c) The Secretary of Agriculture shall certify and deposit this order and Annex A with the Legislative Reference Bureau as required by law.
(d) The final-form rulemaking has an effective or compliance date of July 1, 2011.
RUSSELL C. REDDING,
Secretary(Editor's Note: The Office of Attorney General returned this rulemaking without action to approve or disapprove under the Commonwealth Attorneys Act.)
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 5106 (September 4, 2010).)
Fiscal Note: Fiscal Note 2-170 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 7. AGRICULTURE
PART II. DOG LAW ENFORCEMENT BUREAU
CHAPTER 28. (Reserved) §§ 28.1—28.3. (Reserved).
CHAPTER 28a. COMMERCIAL KENNEL CANINE HEALTH REGULATIONS
GENERAL PROVISIONS Sec.
28a.1. Definitions. 28a.2. Ventilation. 28a.3. Auxiliary ventilation. 28a.4. Humidity levels. 28a.5. Ammonia levels. 28a.6. Carbon monoxide detectors. 28a.7. Lighting. 28a.8. Flooring. 28a.9. Scope and effective date.
GENERAL PROVISIONS § 28a.1. Definitions.
The following words and terms, when used in this chapter have the following meanings, unless the context clearly indicated otherwise.
ANSI/U.L. Standard 2034 and IAS 6-96—Independent laboratory testing standards for carbon monoxide detectors.
CFM—Cubic Feet per Minute—A measurement of the flow of a gas or liquid that indicates how much volume in cubic feet pass by a stationary point in one minute.
Circulation or circulated air—The air that is mixed within a room and typically provides heating and cooling.
Commercial kennel—A kennel that breeds or whelps dogs and does one of the following:
(i) Sells or transfers any dog to a dealer or pet shop kennel.
(ii) Sells or transfers more than 60 dogs per calendar year.
Diurnal light cycle—The daily lighting cycle provided by artificial or natural light, or both, which shall be 12 hours of light and 12 hours without light. The 12 hours of light shall coincide with and be provided during normal daylight hours.
Excessive light—Direct, undiffused light from either the sun or artificial light, such as from a lighting fixture of an intensity that is 12 foot candles or more greater than the maximum foot candles of light required by this chapter, which is placed or directed in a manner such that the light is allowed to or is shining directly into a primary enclosure of a dog.
Fresh air ventilation—That portion of circulated air that is from the outdoors.
Full-spectrum lighting—
(i) Full-spectrum light is light that covers the electromagnetic spectrum from infrared through near-ultraviolet, or all wavelengths that are useful to plant or animal life; in particular, sunlight is considered full spectrum, even though the solar spectral distribution reaching Earth changes with time of day, latitude, and atmospheric conditions.
(ii) When applied to an electrical light bulb the term implies the product emulates natural light.
Heat Index (HI) or Temperature and Humidity Index (THI)—An index, published by the United States National Weather Service, that combines air temperature and relative humidity to determine the human-perceived equivalent temperature. Heat Index values are calculated based on temperature measurements taken in the shade. Exposure to full sunshine can increase index values by up to 15° Fahrenheit and strong winds carrying very hot, dry air will add heat to the body. (United States National Weather Service).
Mechanical ventilation—Ventilation produced by operation of a machine. So long as its operation results in compliance with the standards established in this chapter, a mechanical ventilation system may range from very basic, such as an exhaust fan, to more sophisticated systems such as a HVAC system with temperature and humidity controls.
Primary enclosure—
(i) The primary structure that restricts a dog's ability to move in a limited amount of space, such as a room, cage or compartment.
(ii) The term does not include a run described in section 207(i)(6) of the act (3 P. S. § 459-207(i)(6)).
Professional engineer—
(i) An individual licensed and registered under the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. §§ 148—158.2) or a successor statute to engage in the practice of engineering.
(ii) The term does not include a person who is exempt from licensure and registration under section 5(b) of the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. § 152(b)).
Ventilation or ventilating—The process of ''changing'' or replacing air in any space to control temperature and humidity or remove moisture, odors, smoke, heat, dust, airborne bacteria, carbon monoxide, carbon dioxide, and to replenish oxygen. Ventilation includes both the exchange of air to the outside as well as circulation of air within the building. Ventilation is used to remove unpleasant smells and excessive moisture, introduce outside air and to keep interior building air circulating, to prevent stagnation of the interior air.
§ 28a.2. Ventilation.
(a) General requirements. Each area of a commercial kennel and commercial kennel housing facility where a dog is housed, kept or present, including primary enclosures, must utilize a functional, mechanical ventilation system that provides ventilation in a manner that meets the requirements of this section and §§ 28a.3—28a.6. The kennel owner or operator shall assure the mechanical ventilation system is functional, in operation at all times and meets the standards and requirements of this section. The kennel owner or operator shall also assure the auxiliary ventilation system, humidity control system and carbon monoxide detectors are functional, operational and operated or operating in a manner that meets the standards and requirements of this section and §§ 28a.3—28a.6.
(b) Certification of ventilation system. The kennel owner shall supply the following information to the Department:
(1) Written certification under the signature and seal of a professional engineer verifying the professional engineer has inspected the ventilation system to be certified, acknowledging familiarity with the requirements of the act and this chapter and certifying that the ventilation system of the kennel meets all of the standards and requirements of this section and §§ 28a.3—28a.6. In addition, the certification must contain the following information:
(i) The total cubic feet of the kennel and kennel housing facility, and the cubic feet of each separate room or area of the kennel and kennel housing facility where a dog is kept, housed or present.
(ii) A description of the mechanical ventilation equipment to be utilized in each room or area of the kennel and kennel housing facility where a dog is kept, housed or present, including primary enclosures. The description must include the cubic feet per minute capacity of that equipment.
(iii) A description of the humidity control system, devices or equipment to be utilized, including the total capacity of the system, devices or equipment.
(iv) A description of the auxiliary ventilation system, devices or equipment to be utilized.
(v) The highest total number of dogs that will be kept, held or present in the kennel and kennel housing facility, including primary enclosures, at any time.
(vi) The location where every device for measuring temperature and humidity required under § 28a.4(b)(1) (relating to humidity levels) should be installed to accurately measure temperature and humidity as required by this chapter in each area and room within the kennel and kennel housing facility where a dog is housed, kept or present, including primary enclosures.
(2) The certification shall be submitted to the Department by May 30, 2011, for all commercial kennels licensed as of that date, and thereafter, the certification shall be submitted as part of all commercial kennel license applications; and within 90 days of any change to the volume, cubic feet or linear dimensions of the kennel housing facility where a dog is kept, housed or present, including primary enclosures, a change in the highest total number of dogs kept, held or present, or a change to the volumetric, capacity, circulation or air exchange portions of the ventilation system or a change in any part of the auxiliary ventilation or humidity control system.
(3) A new certification is not required for the submission of a commercial kennel license application, if the commercial kennel submitting the kennel license application was licensed in the previous year, submitted a valid certification in that year and there have been not changes to the volume, cubic feet or linear dimensions of the kennel or kennel classification since the submission of the last kennel license application and certification. In that instance, the certification submitted with the most recent commercial kennel license application may be resubmitted.
(4) The information submitted to the Department will be kept as part of the kennel's records.
(c) Inspection.
(1) Inspection. A State dog warden or other employee of the Department inspecting the kennel will at a minimum assure that:
(i) The mechanical ventilation system is functional, operational and in operation.
(ii) The auxiliary ventilation system is available, functional and operational and, where the temperature in the kennel exceeds 85° Fahrenheit, that the auxiliary ventilation system is in operation.
(iii) The humidity control system is available, functional and operational and operating or operated in a manner that meets the standards and requirements of § 28a.4.
(2) Assurance of compliance. A State dog warden or other employee of the Department inspecting the kennel may take ventilation, temperature, humidity and ammonia level readings and measurements to assure compliance with this chapter.
(d) Recertification. The Department may require recertification by a professional engineer where the ventilation, auxiliary ventilation, humidity or ammonia levels or standards fail to comply with the requirements of this chapter.
(e) Ventilation and circulation. Kennels and housing facilities where a dog is housed, kept or present, including primary enclosures, shall be equipped with mechanical ventilation equipment that physically moves air and can provide ventilation, fresh air ventilation, circulation, heating, dehumidification and filtration meeting the standards of this chapter. This equipment includes: air handlers, roof top units, dehumidifiers, furnaces, unit heaters and heat pumps.
(f) Standards. The standards established in this subsection shall be met at all times that a dog is housed, kept or present in the kennel or kennel housing facility, including primary enclosures:
(1) General. Ventilation and circulation of air shall be provided and distributed throughout the entire area of the kennel and kennel housing facility, at the required volumetric rates and in the manner required by this chapter in all rooms or areas of the kennel and housing facility where a dog is housed, kept or present, including primary enclosures.
(2) Circulation and volumetric rates. Minimum circulation rates in each area or room of a kennel and housing facility, including primary enclosures, where a dog is housed, kept or present shall be maintained at all times at a total volumetric airflow of 100 cubic feet per minute (CFM) per dog. Volumetric air flow rates may be required to be increased as set forth in § 28a.3 (relating to auxiliary ventilation).
(3) Design capacity. The mechanical ventilation equipment employed to physically circulate and move the air shall be designed, rated and able to circulate and move the required volume of air based on the highest total number of dogs held in the kennel and kennel housing facility, including primary enclosures, at any one time and shall do so in a manner meeting all requirements of this section.
(4) Fresh air rates. At least 30 CFM per dog of the circulated air shall be fresh air; the rest may be recirculated air.
(5) Filtration. Filtration of circulated air shall be by disposable filters rated at a minimum efficiency reporting value (MERV) of 8 or higher.
(i) Evidence of the MERV filtration level shall be the information printed by the manufacturer on the filters.
(ii) At a minimum, filters shall be replaced quarterly in equipment serving areas of the kennel and kennel housing facility, including primary enclosures, that houses dogs.
(6) Design and placement. Ventilation shall provide circulation at the height of the dog, meaning the ventilation system shall be designed and placed in such a manner that each dog is in the moving air stream provided by the ventilation.
(g) Mechanical malfunction or failure. In the event of a mechanical system malfunction or failure, the kennel and kennel housing facility must have windows, doors, skylights, or other openings in the structure that are operable and may be opened to provide natural ventilation and the auxiliary ventilation techniques established in § 28a.3 may be utilized. In the event of a mechanical system malfunction or failure resulting in a failure to meet the requirements set forth in this section and §§ 28a.3—28a.5, the kennel owner shall do all of the following:
(1) Kennel temperatures below 85° Fahrenheit. Take steps to correct the malfunction or failure immediately and restore the kennel and kennel housing facility, including primary enclosures, to a condition complying with this section and §§ 28a.3—28a.5 within 72 hours of the occurrence of the malfunction or failure. If at any time during the 72-hour period the temperature in the kennel or kennel housing facility, including the primary enclosures exceeds 85° Fahrenheit, the kennel owner shall follow and comply with subparagraph (2).
(2) Kennel temperatures in excess of 85° Fahrenheit. Take steps to correct the malfunction or failure immediately and restore the kennel and kennel housing facility, including primary enclosures, to a condition complying with this section and §§ 28a.3—28a.5 within 4 hours of the malfunction or failure. If the malfunction or failure cannot be, or is not, corrected so that the kennel and kennel housing facility, including primary enclosures, is compliant with this section and §§ 28a.3—28a.5 within 4 hours of the occurrence of the malfunction or failure, immediately notify the kennel's veterinarian and consult on the steps to be taken to protect the health and well being of the dogs, as well as, contemporaneously keep records of the following:
(i) The time of the malfunction or failure.
(ii) Temperature and humidity readings every 4 hours thereafter until the temperature is reduced to below 85° Fahrenheit.
(iii) The time of the notification to the kennel's veterinarian and all steps taken to protect the health and well being of the dogs.
(3) Malfunctions or failures reaching or exceeding 24 hours. If a failure or malfunction reaches or exceeds 24 hours, immediately notify the Department of the steps being taken to address the malfunction or failure and to protect the health and well being of the dogs. If notification to the Department is required after 4:00 p.m. on a weekday or on a weekend or holiday the kennel owner shall notify the Department by 9:00 a.m. of the next Department business day.
(4) Upon the occurrence of a malfunction or failure requiring the notification set forth in paragraph (2), notify the Department of the date and time the kennel and kennel housing facility, including the primary enclosures were restored to compliance with this section and §§ 28a.3—28a.5.
(h) Illness or stress. If upon inspection, dogs exhibit conditions or signs of illness or stress associated with poor or improper ventilation, air circulation, auxiliary ventilation or humidity levels the State dog warden or other employee of the Department performing the inspection may take appropriate measurements and readings in all areas of the kennel where the illness or stress is present to determine if the kennel is in compliance with all provisions of this chapter relating to ventilation, auxiliary ventilation, humidity and ammonia levels and may require a recertification under subsection (d) be provided within a time period specified, but in no event shall the time period specified be more than 30 days or less than 7 days. Signs of illness or stress associated with poor or improper levels of ventilation, air circulation, auxiliary ventilation or humidity, ammonia or carbon monoxide levels include:
(1) Respiratory distress, such as excessive panting, breathing problems and hyperventilation.
(2) Signs of heat distress or heat stroke, including excessive panting, hyperventilation, increased salivation, gums that are dry, pale, grayish and tacky, rapid pulse, weakness, confusion, inattentive behavior, vomiting, elevated body temperature or rectal bleeding.
(3) Matted, puffy, red or crusted eyes.
(4) Listlessness.
(5) Fungal and skin diseases.
§ 28a.3. Auxiliary ventilation.
(a) General. When temperatures, in any part of a kennel and kennel housing facility where a dog is housed, kept or present, including primary enclosures, rise above 85° Fahrenheit, auxiliary ventilation shall be provided to the dogs in that part of the kennel and kennel housing facility, including primary enclosures. The auxiliary ventilation must provide the increased volumetric air flow rates and humidity control required by this chapter and be operated in addition to, not in place of, all other ventilation and humidity requirements in this chapter. Auxiliary ventilation systems may be utilized in the event of a primary ventilation system failure or malfunction.
(b) Types of auxiliary ventilation. Auxiliary ventilation devices and techniques may include:
(1) Utilizing fans or air circulation equipment that increases the total volumetric airflow from 100 CFM per dog to 200 CFM per dog, either by utilizing any additional capacity the current mechanical ventilation system may provide or by adding additional fans or circulating equipment. The proper humidity levels, as established in § 28a.4 (relating to humidity levels), shall be maintained at all times.
(2) Providing cooling by moving or circulating air over cool water coils or piping, cooling towers or ice or providing cooling directly to the primary enclosure or space occupied by the dog by a means capable of cooling the enclosure or floor upon which the dog lays or walks, such as piping or coils capable of carrying cool water under or within the flooring system, and at the same time increasing the total volumetric airflow from 100 CFM per dog to 200 CFM per dog, either by utilizing any additional capacity the current mechanical ventilation system may provide or by adding additional fans or circulating equipment. The proper humidity levels, as established in § 28a.4, shall be maintained at all times.
(3) Air conditioning sufficient to reduce temperature and humidity levels in the kennel to the required levels.
(4) Geothermal systems sufficient to reduce temperature and humidity levels in the kennel to the required levels.
§ 28a.4. Humidity levels.
(a) General standards. A kennel and kennel housing facility, where a dog is housed, kept or present, including primary enclosures must meet the following humidity levels:
(1) Temperatures below 85° Fahrenheit. When temperatures in the kennel or kennel housing facility, where any dog is housed, kept or present, including primary enclosures, are below 85° Fahrenheit, relative humidity levels shall be kept between 30% and 70%.
(2) Temperatures above 85° Fahrenheit. When temperatures, in any part of the kennel or kennel housing facility, where a dog is housed, kept or present, including primary enclosures, rise above 85° Fahrenheit, the relative humidity level shall be reduced to a level that will accomplish a Heat Index value of 85 or lower.
(3) Four-hour window. Once the temperature in any part of the kennel or kennel housing facility, where a dog is housed, kept or present, exceeds 85° Fahrenheit, the kennel owner shall have 4 hours to accomplish and maintain a Heat Index of 85 HI or lower, as required under paragraph (2). At no time during that 4-hour time period or at any other time shall the Heat Index value ever exceed 90 HI in any area, room or part of the kennel or housing facility, where a dog is housed kept or present, including primary enclosures. If within 4 hours, the kennel owner is unable to accomplish and maintain a Heat Index of 85 HI or lower, the kennel owner shall immediately notify the kennel's veterinarian and consult on the steps to be taken to protect the health and well being of the dogs, as well as contemporaneously keep the records required under § 28a.2(g)(2)(ii)—(iii) (relating to ventilation). If such a failure to accomplish and maintain a Heat Index of 85 HI or lower exceeds 24 hours, the kennel owner shall contact the Department in the manner prescribed and provide it with the information required under § 28a.2(g)(3) and (4).
(4) Calculation of HI.
(i) The tool that shall be utilized to determine the HI value and thereby the proper humidity levels when temperatures rise above 85° Fahrenheit shall be the Temperature and Humidity Index of the National Weather Service or its successor standard. This is also available at the National Weather Service web site at http://www.crh.noaa.gov/ and then search HI; the HI Calculator is located at http://www.hpc.ncep.noaa.gov/html/heatindex.shtml.
(ii) A chart setting forth the Heat Index values is set forth in Appendix A. (Examples of the Heat Index values are: 86° Fahrenheit and 40% humidity = HI of 85° Fahrenheit; and 90° Fahrenheit and 20% humidity = HI of 86° Fahrenheit.)
(5) Condensation. Humidity levels, other than during times of cleaning and sanitizing, may not rise to the level where condensation occurs in any area of the kennel, kennel housing facility or primary enclosures where a dog is housed, kept or present.
(b) Measurement and control standards.
(1) Temperature and humidity levels shall be measured in each area or room within the kennel and housing facility where a dog is housed, kept or present and shall be measured and recorded by either a humidity gauge and a temperature gauge or by a thermo-hygrometer, which shall be installed in each room of the kennel and housing facility in which a dog is housed, kept or present.
(2) The measuring devices will be provided by and be the property of the Department and meet the following minimum standards:
(i) The device will not require hard wiring, and may be operated by batteries.
(ii) The device will store temperature and humidity data on an hourly basis and for a time period of at least 6 months.
(iii) The device will be rated as accurate to within 1° Fahrenheit.
(iv) The device will be rated as accurate to within plus or minus 2% relative humidity from 10% to 90% relative humidity.
(3) Evidence of humidity control devices shall be either dedicated dehumidifiers in each room and area of the kennel and housing facility in which a dog is housed, kept or present or may be air conditioning equipment. The equipment utilized must have documented dehumidification capability.
(4) If air conditioning is utilized, the cooling capacity shall be at least 35 Btu/hr per square foot (1 ton of cooling for every 350 square feet) of animal area as demonstrated by nameplate cooling capability on the cooling equipment.
(5) The humidity gauge and temperature gauge or thermo-hygrometer installed and provided by the Department may not be tampered with, destroyed, incapacitated, reset or disturbed, including downloading of data, by any person other than a State dog warden or an authorized employee of the Department.
(6) If such a device is tampered with, destroyed, incapacitated, reset or disturbed, it shall be the responsibility of the kennel owner to notify the Department within 24 hours on normal business days and by 9:00 a.m. of the next Department business day if the occurrence is on a weekend or holiday.
(7) The Department will remove and have the device checked for proper calibration and accuracy according to manufacturer specifications. The Department will replace any removed device with an accurate and properly calibrated humidity and temperature gauge or thermo-hygrometer.
(8) Data taken from these devices may not be used as the sole basis for a civil penalty or criminal penalty under section 903(a) or (b) of the act (3 P. S. § 459-903 (a) and (b)) for violation of this section.
§ 28a.5. Ammonia levels.
(a) Levels. Ammonia levels in all areas and rooms of the kennel and kennel housing facility, where a dog is housed, kept or present, including primary enclosures may not be greater than 15 ppm (parts per million) except within 30 minutes of the completion of active sanitation of that primary enclosure.
(b) Measurements. Ammonia level measurements shall be taken at the level of the dogs.
§ 28a.6. Carbon monoxide detectors.
A kennel or kennel housing facility utilizing any carbon monoxide emitting device, shall install and maintain functioning carbon monoxide detectors in each room or area of the kennel and kennel housing facility in which a dog is housed, kept or present. The carbon monoxide detectors must meet or exceed the UL standard 2034 or the IAS 6-96 standard, or its successor standards.
§ 28a.7. Lighting.
(a) General lighting standard for commercial kennels. Lighting in commercial kennels may be provided by natural or artificial light, or both. Whether lighting is provided by natural or artificial light, or both, the following standards shall be met:
(1) There shall be ample lighting by natural or artificial means to provide sufficient illumination to allow routine inspection of the kennel, housing facility and primary enclosures and observation of the dogs at any time and to assure proper cleaning and good housekeeping practices and for the well-being of the dogs.
(2) Lighting shall be uniformly diffused throughout the kennel and housing facility where a dog is housed, kept or present, including primary enclosures.
(3) All areas of the kennel and housing facility in which a dog is housed, kept or present, including primary enclosures, shall be provided a regular diurnal cycle through natural or artificial light, or both.
(4) The lighting range provided during the 12-hour light period of the diurnal cycle shall be 40 to 60 foot candles or 430—650 lux, in all areas and rooms of the kennel and kennel housing facility, including primary enclosures, where a dog is housed, kept or present.
(5) Primary enclosures and other areas of the kennel and kennel housing facility in which a dog is housed, kept or present shall be placed or located in a manner that protects each dog from exposure to excessive light.
(b) Specific lighting standards. The following specific standards are in addition to, not in place of, all other requirements meeting the general lighting standards established in this section. The following specific standards apply:
(1) Natural light. Where kennel and housing facility lighting is provided by natural light, any window or opening, with the exception of the openings that provide for unfettered access to the exercise area, which provides natural light shall be covered with a transparent material such as glass or hard plastic and remain unobstructed.
(2) Artificial light. Where kennel or kennel housing facility lighting is provided by artificial lighting the following standards apply:
(i) The artificial lighting shall be provided by full spectrum lighting.
(ii) Lighting sources and systems shall be kept in good repair and functional and may not have any bulb or part of the system in disrepair, such as being unable to produce light, burned out or emitting irregular bursts of light, such as when a ballast is in disrepair.
(iii) Light sources, whether their primary purpose is to provide heat or light, shall be provided in a manner that prevents dogs from being injured (that is, through contact with the light, fixture, bulb, switch or cord or through electrocution).
§ 28a.8. Flooring.
For dogs over 12 weeks of age, the flooring in commercial kennels must meet the following standards:
(1) General requirements of the act.
(i) The floors of all primary enclosures must be impervious to moisture, as required under section 207(h)(9) of the act (3 P. S. § 459-207(h)(9)).
(ii) The flooring must comply with the flooring standards established in section 207(i)(3)(i) of the act, which states ''The floor of the primary enclosure shall be strong enough so that the floor does not sag or bend between the structural supports, shall not be able to be destroyed through digging or chewing by the dogs housed in the primary enclosure, shall not permit the feet of any dog housed in the primary enclosure to pass through any opening, shall not be metal strand whether or not it is coated, shall allow for moderate drainage of fluids and shall not be sloped more than 0.25 inches per foot.''
(2) Flooring constructed with slats. Section 207(i)(3)(ii) of the act allows floors to be constructed with slats if the floor is in compliance with the general requirements of the act, established in section 207(i)(3)(i), and set forth in paragraph (1) and meets the following conditions:
(i) The floor is flat.
(ii) The floor has spaces between the slats that are no more than 0.5 inch in width.
(iii) The floor has spaces between the slats that run the length or the width of the floor, but not both.
(iv) The floor has slats that are no less than 3.5 inches in width.
(v) All of the slats are level with the slat next to it within a single primary enclosure.
(3) Additional flooring options. Any flooring options that may be approved by the Canine Health Board, under the authority in section 207(i)(3)(iii) of the act, must meet the standards in section 221(f) of the act (3 P. S. § 459-221(f)), and the additional flooring requirements established under subsection (d).
(4) Additional flooring requirements.
(i) Solid flooring is approved and shall be sloped to a drain that is properly maintained, such as being free of debris and in good repair, so that the drain is functioning and capable of rapidly removing waste and water and keeping animals dry.
(ii) Any drain must have a drain cover which is securely fixed and made of a noncorrosive substance.
(iii) Flooring may not be made of a material, that when exposed to a heat source such as the direct rays of the sun, a lamp or radiant heating can rise to temperatures that may cause injury to the skin, feet or pads of a dog.
(iv) The flooring may not splay the feet of a dog, cause or result in damage such as cuts, swelling or ulceration to the pads of a dog's foot or allow the dog toe or toenail to slip between any openings in the floor thereby causing injury.
(v) Radiant heat flooring, or a floor cooling system, may be utilized to temper the dogs' primary enclosure, but may not be utilized as the primary heating or cooling mechanism. The temperature of that flooring must be able to be regulated in a manner that assures it will not rise or fall to levels that would cause injury to a dog's skin feet or pads or cause hypothermia, hyperthermia, heat stress or heat stroke.
(vi) The surface of the flooring must be constructed of a material or in a manner that it will provide the dogs with footing that is not slippery or slick, so that the dog will have traction and may stand, walk and move about without falling, slipping, sliding or causing injury to its legs, hips or back. Utilizing nonslip coating and textures are one means of providing sure footing.
(vii) Flooring must be made of material that is impervious to moisture, capable of being cleaned on a daily basis or as often as necessary as required under the act and § 21.29 (relating to sanitation) and capable of being sanitized in accordance with section 207(h)(14) (3 P. S. § 459-207(h)(14)) of the act.
(viii) Flooring may not be made of or coated with materials that can be chewed and readily ingested, or are toxic to dogs, or both.
(5) Nursing mothers. Primary enclosures, including whelping boxes, housing bitches with nursing litters or housing dams or foster dams with puppies under 12 weeks of age must be constructed so that at least 50% of the flooring of the primary enclosure complies with the standards established under section 207(i)(3) of the act.
§ 28a.9. Scope and effective date.
(a) Scope. This chapter applies only to commercial kennels.
(b) Effective Date. This chapter is effective on July 1, 2011.
Appendix A
85 HI
Heat Index from Temperature and Humidity The following chart delineates the relative humidity level that shall be reached and maintained to achieve a Heat Index value of 85.
When air temperature in any part of the kennel or kennel housing facility, where any dog is housed, kept or present, including primary enclosures rises above 85° Fahrenheit the following relative humidity levels shall be achieved and maintained.
Temperature (air)
in FahrenheitRelative Humidity (RH) 86° Fahrenheit 40% RH or less 87° Fahrenheit 34% RH or less 88° Fahrenheit 28% RH or less 89° Fahrenheit 21% RH or less 90° Fahrenheit 11% RH or less 91° Fahrenheit 6% RH or less 92° Fahrenheit 1% RH or less Note: At temperatures in excess of 92° Fahrenheit there is no relative humidity level that will allow an HI of 85 to be achieved.
90 HI
Four-Hour Window
Heat Index from Temperature and Humidity The following chart delineates the relative humidity levels that may not be exceeded at any time.
Once the air temperature in any part of the kennel or kennel housing facility, where a dog is housed, kept or present, exceeds 85° Fahrenheit, the kennel owner shall have no more than 4 hours to accomplish and maintain a Heat Index of 85 HI or lower, as required by this chapter. At no time during that 4-hour time period or at any other time shall the Heat Index value ever exceed 90 HI in any area, room or part of the kennel or housing facility, where a dog is housed kept or present, including primary enclosures.
Temperature (air)
in FahrenheitRelative Humidity (RH) 86° Fahrenheit 58% RH or less 87° Fahrenheit 53% RH or less 88° Fahrenheit 48% RH or less 89° Fahrenheit 43% RH or less 90° Fahrenheit 39% RH or less 91° Fahrenheit 35% RH or less 92° Fahrenheit 30% RH or less 93° Fahrenheit 25% RH or less 94° Fahrenheit 20% RH or less 95° Fahrenheit 13% RH or less 96° Fahrenheit 10% RH or less 97° Fahrenheit 7% RH or less 98° Fahrenheit 3% RH or less Note: At temperatures in excess of 98° Fahrenheit there is no relative humidity level that will allow an HI of 90 to be achieved.
[Pa.B. Doc. No. 10-2304. Filed for public inspection November 24, 2010, 9:00 a.m.]
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