§ 459-207.  Requirements for kennels


   (a) Deleted by 1996, Dec. 11, P.L. 943, No. 151, § 5, effective in 60 days.
 
   (A.1) PROHIBITION TO OPERATE; INJUNCTION; FINES.--
 
   (1) It shall be unlawful for kennels described under section 206 to
   operate without first obtaining a kennel license from the department.
 
   (2) The secretary shall not approve any kennel license application
   unless such kennel has been inspected and approved by a State dog
   warden or employee of the department.
 
   (3) The secretary may file a suit in equity in the Commonwealth Court
   to enjoin the operation of any kennel that violates any of the
   provisions of this act.
 
   (4) It shall be no defense to any civil penalty or criminal prosecution
   under this act that a person operating a kennel failed to properly
   obtain the appropriate license.
 
   (5) A kennel operator that is applying for a different license because
   of an increase in the total number of dogs or due to birth of
   additional dogs in the kennel during a calendar year shall not be in
   violation, provided the application is filed within seven days of the
   increase.
 
   (A.2) CIVIL PENALTIES AND REMEDIES.-- The following shall apply to civil penalties and remedies for unlicensed kennels:
 
   (1) In addition to proceeding under any other remedy available at law
   or in equity for a violation of a provision of this act or a rule or
   regulation adopted or order issued under this act, the secretary may
   assess a civil penalty, in addition to any penalty under section
   903(c), against an unlicensed kennel of not less than $ 500 nor more
   than $ 1,000 for each day it operates in violation of this act. The
   penalty shall be premised on the gravity and willfulness of the
   violation, the potential harm to the health and safety of the animals
   and the public, previous violations and the economic benefit to the
   violator for failing to comply with this act.
 
   (2) In cases of inability to collect the civil penalty or failure of a
   person to pay all or a portion of the penalty, the secretary may refer
   the matter to the Office of Attorney General, which shall institute an
   action in the appropriate court to recover the penalty.
 
   (A.3) CEASE AND DESIST ORDER.--
 
   (1) The secretary may provide a written order to cease and desist
   operating to an owner who is operating a kennel without a license. The
   order shall set forth the general factual and legal basis for the
   action and shall advise the affected person that within ten days of
   receipt of the order, he may file with the secretary a written request
   for an administrative hearing.
 
   (2) The written order to cease and desist operating shall be served by
   personal service or by registered or certified mail, return receipt
   requested, to the person operating the unlicensed kennel or a
   responsible employee of such a person. The order to cease and desist
   shall become a final order of the department upon expiration of the
   ten-day period for requesting an administrative hearing unless a timely
   request has been filed with the department.
 
   (3) A person receiving a written cease and desist order shall, upon the
   order becoming final, comply with all of the following:
 
     (i) Immediately cease and desist from operating a kennel, including
     boarding, buying, exchanging, selling, offering for sale, giving away
     or in any way transferring dogs.
 
     (ii) Acquire no additional dogs nor increase the number of dogs in
     the kennel by any means, including breeding. This subparagraph does
     not apply to an acquisition or increase by birth of puppies from a
     mother which, at the time of the order, was:
 
       (A) on the property;
 
       (B) pregnant; and
 
       (C) owned by the kennel or the kennel owner.
 
     (iii) Notify the department prior to the euthanization of any dog.
     No dog may be euthanized unless it is determined by a veterinarian
     that the euthanasia will prevent the dog from suffering caused by a
     medical condition. If a veterinarian determines a dog should be
     euthanized, a copy of the veterinarian's findings, signed by the
     veterinarian, must be provided to the department. The provisions of
     this subparagraph do not apply to an emergency situation if it is
     deemed by the veterinarian that immediate euthanasia is necessary to
     relieve the suffering of the dog. Following euthanasia in an
     emergency situation, a copy of the veterinarian's findings must be
     signed by the veterinarian and provided to the department.
 
     (iv) Permit State dog wardens to inspect the kennel without a warrant
     in order to determine compliance with the department's order, any
     relevant court order and any provision of this act.
 
     (v) Divest of all dogs numbering over 25, unless directed otherwise
     by the department order, within a reasonable time period as
     determined by the department, but not to exceed ten days. The
     department's order shall set forth the manner by which the kennel
     owner may divest of the dogs. If there are more dogs on the premises
     than permitted in the department order after the expiration of the
     time period set forth in the order, the kennel may select the dogs to
     be kept, up to the number allowed under this subparagraph. The dogs
     not selected shall be forfeited to the entity set forth in the
     department order or to an entity approved by the department without
     compensation to the owner.
 
   (4) The following applies to appeals:
 
     (i) This paragraph applies to a person who has received a written
     cease and desist order and who:
 
       (A) has timely filed a request for an administrative appeal; and
 
       (B) would require a kennel license under this act, pending the
       exhaustion of all administrative appeals.
 
     (ii) A person subject to subparagraph (i) shall, during the duration
     of all administrative appeals and thereafter if the department's
     action is upheld, be subject to the requirements set forth in
     paragraph (3)(i), (ii), (iii) and (iv).
 
     (iii) Within ten days after the exhaustion of an administrative
     appeal under subparagraph (i)(A) in which the department's action is
     upheld, the kennel shall reduce the number of dogs under paragraph
     (3)(v).
 
     (iv) Removal of dogs may occur under section 211(d), (e) and (f).
 
   (5) Failure to take action or to meet the conditions imposed under this
   subsection, in addition to any other penalties allowed under this act,
   may result in imposition by the department of an administrative penalty
   of not less than $ 100 nor more than $ 500 per day for each violation.
   Each dog in excess of the number of dogs permitted under paragraph
   (3)(v) or (4)(iii) shall count as one violation.
 
   (6) Any violation of this subsection shall constitute a misdemeanor of
   the third degree.
 
   (b) MAINTENANCE OF KENNELS.-- All kennels shall be maintained in a sanitary and humane condition in accordance with standards and sanitary codes promulgated by the secretary through regulations.
 
   (c) RECORDS TO BE MAINTAINED.-- Every keeper of a kennel shall keep, for two years, a record of each dog at any time kept in the kennel. Such record shall show:
 
   (1) The breed, color, markings, sex and age of each dog.
 
   (2) The date on which each dog entered the kennel.
 
   (3) The full name and physical address at the time the dogs were
   received of the previous owner or kennel from whom the dog was
   received. This paragraph shall not apply to a boarding kennel.
 
   (4) The full name and physical address of the person or kennel to whom
   the dog belongs.
 
   (5) For what purpose each dog is kept in the kennel.
 
   (6) The date on which each dog leaves the kennel.
 
   (7) How the dog is dispensed. If the dog was transferred to another
   person or kennel, the record must state the full name and physical
   address of the person or kennel to whom the dog was dispensed.
 
   (8) The name, address and telephone number of the licensed doctor of
   veterinary medicine used by the kennel. Such record shall be legible
   and shall be open to inspection and may be copied by any employee of
   the department, State dog warden or police officer as defined by this
   act.
 
   (C.1) NONPROFIT KENNELS.-- All nonprofit kennels shall be required to keep all records required to be kept under this section, except that, in the case of a dog running at large, it shall not be a violation of subsection (c)(3) or (4) for the nonprofit kennel to list only the location from which a dog was retrieved if the information required to be maintained under subsection (c)(3) and (4) is unknown and not available to the nonprofit kennel.
 
   (d) TAGS.-- Every holder of a kennel license shall attach one tag to a collar or harness of each dog three months old or older kept by that person, whenever the dog is not within the kennel except as provided for in sections 202 and 213. Dogs housed in rescue kennel network homes shall have and display the dealer's tag or rescue kennel network home's tag or individual dog license as provided in this section.
 
   (e) DISPLAY OF KENNEL LICENSE.-- The following shall apply:
 
   (1) A person operating a kennel required to be licensed under this act
   shall display, in a place conspicuous to persons authorized to enter, a
   current and valid kennel license certificate issued by the department.
   The kennel license certificate shall show all of the following:
 
     (i) The year for which it was issued.
 
     (ii) The kennel class and type.
 
     (iii) The number of dogs allowed to be housed in that class of kennel
     per calendar year.
 
   (2) Rescue network kennel homes associated with a dealer or rescue
   kennel network shall display a copy of the dealer's or the rescue
   kennel network's kennel license.
 
   (3) If the secretary revokes or denies a kennel license, the department
   shall issue a notice of revocation or denial. The notice shall be
   posted in a place conspicuous to persons authorized to enter and
   approved by the department for a period of time as provided in this
   subsection. In the case of a revocation or denial of a kennel license,
   the kennel shall display the notice of revocation or denial until such
   time as the kennel has ceased to operate or as the department
   determines and sets forth in the order. In the case of an appeal of
   revocation or denial, the notice of revocation or denial shall remain
   posted until the final disposition of appeal or the department has
   reissued a valid kennel license.
 
   (4) If the secretary finds a kennel operating without a license, the
   kennel, upon notice of violation or order, shall display a notice of
   violation issued by the department. The notice shall be posted in a
   place conspicuous to persons authorized to enter and approved by the
   department until the time as the kennel has ceased to operate or as the
   department determines and sets forth in the order or until such time as
   the kennel has come into compliance and the secretary has issued a
   valid kennel license.
 
   (5) Failure to display a current and valid kennel license certificate
   or a notice of revocation, suspension or denial as provided in this
   subsection constitutes a violation of this act.
 
   (f) (Reserved).
 
   (g) ADDITIONAL REQUIREMENTS FOR BOARDING KENNELS, NONPROFIT KENNELS AND KENNEL CLASS I THROUGH VI LICENSE HOLDERS.-- The following shall apply to boarding kennels, nonprofit kennels and Kennel Class I through VI license holders:
 
   (1) Kennels under this subsection must develop and follow an
   appropriate plan to provide dogs with the opportunity for exercise.
   The plan shall be approved by a veterinarian.
 
   (2) All kennels for dogs shall be equipped with smoke alarms or fire
   extinguishers. Housing facilities shall be equipped with fire
   extinguishers on the premises. An indoor housing facility may have a
   sprinkler system.
 
   (h) ADDITIONAL REQUIREMENTS FOR KENNEL CLASS C LICENSE HOLDERS ONLY.-- The following shall apply only to primary enclosures for all dogs in Kennel Class C kennels:
 
   (1) Primary enclosures must be designed and constructed so that they
   are structurally sound and must be kept in good repair.
 
   (2) Primary enclosures must meet the following requirements:
 
     (i) Have no sharp points or edges that could injure the dogs.
 
     (ii) Be maintained in a manner to protect the dogs from injury.
 
     (iii) The height of a primary enclosure that is not fully enclosed on
     the top shall be sufficient to prevent the dog from climbing over the
     walls.
 
     (iv) Keep animals other than dogs from entering the enclosure.
 
     (v) Enable the dogs to remain dry and clean.
 
     (vi) Provide shelter and protection from temperatures and weather
     conditions that may be uncomfortable or hazardous to any dog.
 
     (vii) Provide sufficient space to shelter all the dogs housed in the
     primary enclosure at one time.
 
     (viii) Provide potable water at all times, unless otherwise directed
     by a veterinarian in a writing that shall be kept in the kennel
     records.
 
     (ix) Enable all surfaces in contact with the dogs to be readily
     cleaned and sanitized in accordance with paragraph (14) or be
     replaceable when worn or soiled.
 
     (x) Have floors that are constructed in a manner that protects the
     dogs' feet and legs from injury. The floor shall not permit the feet
     of a dog housed in the primary enclosure to pass through any opening.
 
     (xi) Provide space to allow each dog to turn about freely and to
     stand, sit and lie in a normal position. The dog must be able to lie
     down while fully extended without the dog's head, tail, legs, face or
     feet touching any side of the enclosure.
 
     (xii) The interior height of a primary enclosure shall be at least
     six inches higher than the head of the tallest dog in the enclosure
     when it is in a normal standing position.
 
   (3) Each bitch with nursing puppies 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 as determined by the attending veterinarian. If the
   additional amount of floor space for each nursing puppy is less than 5%
   of the minimum requirement for the bitch, the amount of floor space
   must be approved in writing by the attending veterinarian and shall be
   kept in the kennel records.
 
   (4) All dogs housed in the same primary enclosure must be compatible,
   as determined by observation. Not more than six adult dogs may be
   housed in the same primary enclosure. Bitches in heat may not be
   housed in the same primary enclosure with sexually mature males, except
   for breeding. Bitches with litters may not be housed in the same
   primary enclosure with other adult dogs, and puppies under 12 weeks of
   age may not be housed in the same primary enclosure with adult dogs,
   other than the dam or foster dam. Dogs displaying vicious or
   aggressive behavior toward other dogs must be housed separately.
 
   (4.1) The kennel in which the primary enclosure is located shall
   establish a veterinarian-client-patient relationship.
 
   (5) The kennel in which the primary enclosure is located shall
   establish a written program of veterinary care, which shall include a
   physical examination and vaccination schedule, a protocol for disease
   control and prevention, pest and parasite control, nutrition and
   euthanasia. A copy of the program shall be kept in the kennel records.
 
   (6) Housing facilities for dogs must be sufficiently heated and cooled
   to protect the dogs from temperature or humidity extremes and to
   provide for their health and well-being. If dogs are present, the
   ambient temperature in the facility must not fall below 50 degrees F.
   The ambient temperature must not rise above 85 degrees F when dogs are
   present, unless the requirements of paragraph (7) are met.
 
   (7) 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 Canine Health Board shall determine auxiliary
   ventilation to be provided if the ambient air 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. The
   appropriate ventilation, humidity and ammonia ranges shall be
   determined by the Canine Health Board.
 
   (8) 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.
 
   (9) The floors and walls of primary enclosures must be impervious to
   moisture. The ceilings of indoor housing facilities must be impervious
   to moisture or be replaceable.
 
   (10) All dogs must be provided with adequate food that is clean and
   free from contaminants.
 
   (11) All dogs must be removed from the primary enclosure when the
   primary enclosure is cleaned in accordance with paragraph (14)(iv).
 
   (12) Primary enclosures may not be stacked more than two rows high, and
   the bottom of the uppermost primary enclosure may not be more than four
   and one-half feet off the housing facility floor. Where the primary
   enclosures are stacked, a tray or other department-approved device
   which will prevent urine, feces and other debris from passing into or
   being discharged into the underlying primary enclosure shall be placed
   under the upper primary enclosures. The tray or approved device must
   be impermeable to water and capable of being easily sanitized.
 
   (13) All kennels shall be equipped with a smoke alarm and shall have a
   means of fire suppression, such as fire extinguishers or a sprinkler
   system on the premises.
 
   (14) The following shall apply:
 
     (i) Excreta, feces, hair, dirt, debris and food waste must be removed
     from primary enclosures at least daily or more often if necessary to
     prevent an accumulation of excreta, feces, hair, dirt, debris and
     food waste to prevent soiling of dogs contained in the primary
     enclosures and to reduce disease hazards, insects, pests and odors.
 
     (ii) Used primary enclosures and food and water receptacles must be
     cleaned and sanitized in accordance with this section before they can
     be used to house, feed or water another dog or grouping of dogs.
 
     (iii) Used primary enclosures and food and water receptacles for dogs
     must be sanitized at least once every two weeks using one of the
     methods under subparagraph (iv) and more often if necessary to
     prevent an accumulation of excreta, feces, hair, dirt, debris, food
     waste and other disease hazards.
 
     (iv) Hard surfaces of primary enclosures and food and water
     receptacles must be sanitized using one of the following methods:
 
       (A) Live steam under pressure.
 
       (B) Washing with water with a temperature of at least 180 degrees F
       and soap or detergent, as with a mechanical cage washer.
 
       (C) Washing all soiled surfaces with appropriate detergent
       solutions and disinfectant or by using a combination detergent or
       disinfection product that accomplishes the same purpose with a
       thorough cleaning of the surfaces to remove excreta, feces, hair,
       dirt, debris and food waste so as to remove all organic material
       and mineral buildup and to provide sanitization followed by a clean
       water rinse.
 
     (v) Primary enclosures, exercise areas and housing facilities using
     material that cannot be sanitized using the methods under
     subparagraph (iv) must be made sanitary by removing the contaminated
     material as necessary to prevent odors, diseases, pests, insects and
     vermin infestation.
 
     (vi) Premises where primary enclosures are located, including
     buildings and surrounding grounds, must be kept clean and in good
     repair to protect the animals from injury, to facilitate the
     husbandry practices required in this act and to reduce or eliminate
     breeding and living areas for rodents and other pests and vermin.
     Premises must be kept free of accumulations of trash, junk, waste
     products and discarded matter. Weeds, grasses and bushes must be
     controlled so as to facilitate cleaning of the premises and pest
     control and to protect the health and well-being of the animals.
 
     (vii) An effective program for the control of insects, external
     parasites affecting dogs or pests must be established and maintained
     so as to promote the health and well-being of the dogs and reduce
     contamination by pests in housing facilities.
 
   (15) For each dog in a kennel, a permanent record shall be kept and
   made readily available for inspection. The record shall contain all of
   the following information:
 
     (i) The date of birth of the dog.
 
     (ii) The date of the last rabies vaccination.
 
     (iii) The date of the dog's last veterinarian check.
 
   (16) All veterinarian records shall be kept for two years after the dog
   has left the care of the facility.
 
   (17) Notwithstanding any law, a dog may not be euthanized except by a
   veterinarian.
 
   (18) All laws and regulations pertaining to kennel conditions enforced
   prior to the effective date of this paragraph shall remain in force
   until the effective date of the remainder of this subsection or of the
   period of time established by a waiver under subsection (j), whichever
   is longer. This paragraph shall not apply to paragraph (17).
 
   (i) ADDITIONAL REQUIREMENTS FOR KENNEL CLASS C LICENSE HOLDERS ONLY.-- The following shall apply only to dogs over 12 weeks of age in Kennel Class C kennels:
 
   (1) A dog housed in a primary enclosure must be provided a minimum
   amount of floor space in the primary enclosure, calculated as provided
   under this subparagraph: Find the mathematical square of the sum of
   the length of the dog in inches, measured in a straight line from the
   tip of its nose to the base of its tail, plus six inches, then divide
   the product by 144, then multiply by 2. The calculation is: (length
   of dog in inches + 6)(length of dog in inches + 6) = required floor
   space in square inches. Required floor space in inches / 144 X 2 =
   required floor space in square feet. For the second dog placed in the
   primary enclosure the minimum floor space shall be doubled. The floor
   space shall be calculated using the longest dog. For each dog above
   two, the minimum floor space shall be multiplied by 1.5 per additional
   dog.
 
   (2) Primary enclosures must be placed no higher than 30 inches above
   the floor of the housing facility and may not be placed over or stacked
   on top of another cage or primary enclosure.
 
     (3)(i) 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.
 
     (ii) Except as set forth in subparagraph (iii), flooring constructed
     with slats meeting all of the following conditions shall be
     acceptable:
 
       (A) Be flat.
 
       (B) Have spaces between them that are no more than 0.5 inch in
       width.
 
       (C) Have spaces between them that run the length or the width of
       the floor, but not both.
 
       (D) Be no less than 3.5 inches in width.
 
       (E) Be level with the slat next to it within a single primary
       enclosure.
 
     (iii) Additional flooring options that meet the provisions of
     subparagraph (i) may be approved by the Canine Health Board.
 
   (4) Except as provided in paragraph (5), each primary enclosure shall
   have an entryway that will allow the dog unfettered clearance out of
   the enclosure to an exercise area under paragraph (6) unless the
   enclosure is closed for active cleaning under subsection (h)(11) or by
   order of a veterinarian under paragraph (6)(xi).
 
   (5) The Canine Health Board established in section 221 may, upon a
   request from a kennel owner, provide on a case-by-case basis for an
   alternative means of allowing clearance from a primary enclosure to the
   exercise area or exercise that is required in paragraphs (4) and (6)(i)
   if the kennel owner presents the board with a plan that the board
   determines is verifiable, enforceable and provides for exercise equal
   to or greater than that which the dogs would receive under paragraphs
   (4) and (6)(i). The board shall meet within 60 days of a request
   submitted or sooner if necessary.
 
   (6) Exercise requirements shall be as follows:
 
     (i) Except as provided in paragraph (5), the exercise area must allow
     for unfettered clearance for dogs from their primary enclosure.
 
     (ii) The exercise area must be at least twice the size of the primary
     enclosure under paragraph (1).
 
     (iii) The exercise area must have adequate means to prevent dogs from
     escaping.
 
     (iv) The exercise area fencing must be kept in good repair and be
     free of rust, jagged edges or other defects that could cause injury
     to the dogs.
 
     (v) The exercise area shall be cleaned in accordance with the
     requirements under subsection (h)(14).
 
     (vi) Dogs must not be placed in the area in a manner that would cause
     injury to the dogs.
 
     (vii) Compatible dogs, as determined under subsection (h)(4), may be
     exercised together.
 
     (viii) Nursing bitches and their puppies shall be exercised
     separately from other dogs.
 
     (ix) The exercise area must be on ground level and the ground of the
     exercise area must be solid and maintainable. Surfaces such as
     gravel, packed earth and grass which are solid and maintainable may
     be utilized.
 
       (x)(A) Except as provided under clause (B), the exercise area must
       be outdoors.
 
       (B) Any licensed kennel operating as of the effective date of this
       clause, where local zoning or other ordinance requirements or a
       decision of the applicable zoning hearing board or other municipal
       body with jurisdiction prohibits further expansion of the kennel
       use to include the required outdoor exercise area, may apply to the
       department within 180 days after the effective date of this clause
       for approval to construct the required exercise area indoors. The
       department shall notify the applicant by certified mail of approval
       or disapproval within 30 days of receipt of the application. The
       department shall not require that the licensed kennel appeal the
       decision of a zoning hearing board or other municipal body with
       jurisdiction to interpret a local ordinance as a condition of
       application or approval. Denial by the department of an
       application for an indoor exercise area shall be appealable in the
       same manner and according to the same procedures set forth under
       section 211(c). While an appeal is pending and until final
       conclusion of the appeal, the kennel shall not be considered in
       violation of this act for failure to have the required exercise
       area. The required exercise area shall be constructed within 90
       days of the final conclusion of an appeal under this clause or
       within one year of the effective date of this clause, whichever is
       later.
 
     (xi) If, in the opinion of the veterinarian, it is inappropriate for
     a dog to exercise because of its health, condition or well-being,
     this paragraph shall not apply with respect to that dog. Such a
     determination must be documented by the veterinarian and, unless the
     basis for determination is a permanent condition, shall be reviewed
     at least every 30 days by the veterinarian and updated as necessary.
     Records of determinations shall be maintained by the kennel.
 
     (xii) Forced exercise methods or devices such as swimming, treadmills
     or carousel-type devices shall not meet the exercise requirements of
     this paragraph.
 
   (7) Rabies vaccinations may only be administered by or under the
   supervision of a veterinarian.
 
   (8) A dog shall be examined by a veterinarian at least once every six
   months. During the examination, the veterinarian shall use appropriate
   methods to prevent, control, diagnose and treat diseases and injuries.
 
   (9) (Reserved).
 
   (j) WAIVER.--
 
   (1) The secretary may waive the applicability of subsection (h)(1)
   through (16) and (i) if one of the following subparagraphs applies:
 
     (i) The kennel owner:
 
       (A) has not been convicted of, pled guilty to or pled no contest to
       a violation under this act within the three years preceding the
       effective date of this subsection; and
 
       (B) has made substantial structural improvements to the housing
       facility of the kennel within the three years prior to the
       effective date of this subsection.
 
     (ii) The kennel owner:
 
       (A) has not been convicted of, pled guilty to or pled no contest to
       a violation under this act within the three years preceding the
       effective date of this subsection;
 
       (B) is making a good faith effort to comply with the requirements
       of this act but is not in compliance because of a circumstance
       beyond the kennel owner's control; and
 
       (C) makes a showing of reasonable expectation that compliance can
       be achieved through the granting of an extension as determined by
       the secretary.
 
   (2) A waiver under paragraph (1)(i) shall apply for the lesser of:
 
     (i) the time set by the secretary; or
 
     (ii) three years.
 
   (3) A waiver under paragraph (1)(ii) shall apply for the time set by
   the secretary.
 
   (4) A waiver may be only granted under paragraph (1)(i) or (ii), but
   not both.
 
   (5) A kennel owner must make an application under this subsection to
   the department in a manner prescribed by the department within one year
   of the effective date of this subsection, except that the secretary may
   consider a request for an extension of a waiver previously granted
   under paragraph (1)(ii) after this time period.