§ 21.23. Space.

 (a)  Primary enclosures shall be constructed and maintained to provide sufficient space to allow each dog to turn about freely and to stand erect, sit and lie down in a comfortable, normal position.

 (b)  Each dog housed in a primary enclosure shall be provided with a minimum amount of floor space, which shall be calculated according to the following procedure:

   (1)  Measure the length of the dog, in inches, from the tip of its nose to the base of its tail.

   (2)  Add 6 inches to that number.

   (3)  Square that sum.

   (4)  Divide that product by 144.

   (5)  That quotient equals the minimum required floor space for that dog, in square feet.

 Example: A dog measures 24 inches from the tip of its nose to the base of its tail (Step 1). Adding 6 inches to that number (Step 2) gives a sum of 30 inches. Squaring that sum (Step 3) gives a product of 900 square inches. Dividing that product by 144 (Step 4) gives a quotient of 6.25. 6.25 square feet is the minimum amount of floor space which must be provided to that particular dog.

 (c)  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 housing shall be approved by the attending veterinarian.

 (d)  The interior height of a primary enclosure shall be at least 6 inches higher than the head of the tallest dog in the primary enclosure when it is in normal standing position.

 (e)  Subsections (b) and (c) do not apply if all of the following conditions are met:

   (1)  The dog is located in a kennel that is licensed under the act solely as a pet shop-kennel Class I, II, III or IV.

   (2)  The dog is being offered for sale on a retail basis, or has been sold and is awaiting physical transfer to its new owner.

   (3)  The dog is maintained in a primary enclosure that keeps the dog on display to patrons of the pet shop-kennel during its normal business hours.

   (4)  The primary enclosure meets one of the following conditions:

     (i)   Affords each dog sheltered therein at least 5 square feet for a dog weighing 25 pounds or less, 8 square feet for a dog weighing more than 25 pounds but not more than 45 pounds, and 12 square feet for a dog weighing more than 45 pounds.

     (ii)   Has been approved by the attending veterinarian, in advance and in writing, as being of adequate size to protect the health and well-being of the particular dog or dogs sheltered therein.

   The provisions of this §  21.23 amended January 12, 1996, effective April 12, 1996, 26 Pa.B. 161. Immediately preceding text appears at serial page (140185).