Current through Register Vol. 43, No. 39, September 26, 2024
(a)
Construction. Each primary enclosure shall be designed and constructed of
suitable materials so that the primary structure is structurally sound. Each
licensee shall keep the primary enclosure in good repair.
(b) Maintenance. Each primary enclosure shall
be constructed and maintained so that the primary enclosure meets the following
conditions:
(1) Provides all the animals with
shelter and protection from extreme temperatures and weather conditions that
could be uncomfortable or hazardous;
(2) provides sufficient shade to protect from
direct sun all the animals housed in the primary enclosure
simultaneously;
(3) has floors that
are constructed in a manner that protects the animals' feet and legs from
injury. If the floor is constructed of mesh or slats, the floor shall not allow
the animals' feet to pass through any openings in the floor. If any metal
strands are used to construct a suspended floor for the primary enclosure, the
metal strands shall be nine-gauge wire or wire that is greater than 1/8 of an
inch in diameter or shall be coated with plastic, fiberglass, or a comparable
material. If any suspended floor is used in a primary enclosure, that floor
shall be strong enough that the floor does not sag or bend between structural
supports; and
(4) if stacked cages
are used to house animals, provides an impervious barrier between the levels of
stacked cages. The barrier may be removed as needed for cleaning.
(c) Additional requirements for
cats. The requirements of this subsection shall be in addition to the
requirements in subsection (a), (b), and (e).
(1) Space. The licensee shall provide the
following minimum vertical space and floor space for each cat that is housed in
the primary enclosure, including any weaned kitten:
(A) Each primary enclosure housing cats shall
be at least 24 inches (60.96 centimeters) high.
(B) Each cat weighing not more than 8.8
pounds (4 kilograms) shall be provided with at least 3.0 square feet (0.28
square meters) of floor space.
(C)
Each cat weighing more than 8.8 pounds (4 kilograms) shall be provided with at
least four square feet (0.37 square meters) of floor space.
(D) Each queen with nursing kittens shall be
provided with an additional amount of floor space, based on her breed and
behavioral characteristics and in accordance with generally accepted husbandry
practices.
(E) The minimum floor
space required by this subsection shall not include any space occupied by food
or water pans. The litter pan may be considered part of the floor space if the
pan is cleaned and sanitized.
(2) Litter. The licensee shall provide a
receptacle in each primary enclosure that contains sufficient clean litter to
contain excreta and other body wastes.
(3) Resting surfaces. Each primary enclosure
housing cats shall contain one or more elevated resting surfaces that, when
added together, are large enough to hold simultaneously all the occupants of
the primary enclosure comfortably. Low resting surfaces that do not allow the
space under them to be comfortably occupied by the animal shall be counted as
part of the floor space.
(d) Additional requirements for dogs. The
requirements of this subsection shall be in addition to the requirements in
subsections (a), (b), and (e).
(1) Space.
(A) The licensee shall provide a minimum
amount of floor space for each dog housed in the primary enclosure, including
each weaned puppy housed in a primary enclosure, using the following
calculation: the length of the dog or puppy from the tip of the nose to the
base of the tail in inches plus six inches, squared, and then divided by 144,
shall equal the required minimum floor space in square feet.
(B) The licensee shall provide each bitch
that has nursing puppies with an additional amount of floor space, based upon
the dog's breed and behavioral characteristics and in accordance with generally
accepted husbandry practices, as determined by the attending
veterinarian.
(C) The interior
height of a primary enclosure shall be at least six inches higher than the head
of the tallest dog in the primary enclosure in a normal standing
position.
(2) Prohibited
types of primary enclosures for dogs. The tethering of dogs shall be prohibited
for use as a permanent primary enclosure.
(e) Innovative primary enclosures. Any
licensee may use an innovative primary enclosure not meeting the floor area and
height requirements specified in this regulation if the commissioner determines
that the primary enclosure will provide the dogs or cats with a sufficient
volume of space and the opportunity to express species-typical
behavior.
