§ 156 — Functions, powers and duties of the office

New York § 156

• Jurisdiction: New York
• Law EXC: Executive
• Art. 6-C: Office of Fire Prevention and Control

Text

§ 156. Functions, powers and duties of the office. The office of fire\nprevention and control, by and through the state fire administrator or\nhis duly authorized officer or employee, shall be empowered to:\n 1. Advise and assist in coordinating and strengthening the activities,\nprograms and services, and rules and regulations of those departments\nand agencies of the state which have functions, powers and duties\nrelating to (a) arson suppression, detection, investigation and\nprosecution, (b) fire prevention and control, and (c) fire\nservice-related problems, to the end of providing more effective\nservices to the public and strengthening governmental programs relating\nto such matters.\n 1-a. Advise and assist the state education department in the\ndevelopment of a specialized course of study for teachers of fire and\narson prevention.\n 2. Advise and assist fire companies, municipal corporations and\ndistricts, including agencies and departments thereof in developing\nmeasures for more effective fire and arson prevention and control; to\nassist and encourage cooperative efforts to solve common problems\nrelating to fire and arson prevention and control and to serve as a\nclearinghouse of information about fire and arson prevention and\ncontrol, about reported cases of burn injuries or wounds sustained, and\nabout state and federal services available to assist in solving such\nproblems.\n 3. Employ or contract with individuals, agencies or corporations to\nassist fire companies, municipal corporations and districts in the\ndevelopment of an arson investigation program or in the investigation of\ncases of suspected arson or cases of burn injuries or wounds sustained\nupon the request of such an entity. However, nothing in this provision\nshall be construed to remove the primary responsibility for arson\ninvestigations from appropriate local jurisdictions or agencies.\n 4. Improve arson evidence analysis and testing at existing facilities\nand periodically recommend to the governor and the legislature methods\nto improve such services.\n 5. Collect, compile and disseminate information relating to fire and\narson prevention and control, reported cases of burn injuries or wounds\nsustained, the use of sprinkler systems, and to operate a state fire\nreporting system. The state fire reporting system shall include a\nprocedure for the identification of patterns of suspicious or criminal\nfires and for alerting appropriate state and local authorities. The fire\nreporting system shall also include fire incident data supplied by local\nfire agencies in a manner and on forms prescribed by the state fire\nadministrator. To the extent practicable, the data shall be collected\nand maintained in a form compatible with information collected by other\nstates and the federal government. The state fire administrator shall\ncooperate with the division of state police, division of criminal\njustice services, department of financial services, local police and\nfire agencies, the insurance industry and other appropriate\norganizations in maintaining such system. The provisions of section\nthree hundred eighteen of the insurance law shall apply to any\norganization supplying information pursuant to this subdivision.\n 6. Plan, coordinate and provide training for firefighters, both paid\nand volunteer, and related governmental officers and employees, relating\nto fire and arson prevention and control, and encourage expansion and\nimprovement of local training facilities in cooperation with fire\ncompanies, municipal corporations and districts. Such training shall be\nmade available by video or computer to the maximum extent possible. The\noffice shall adopt rules and regulations relating to such training,\nincluding but not limited to training standards used and the process by\nwhich training hours are allocated to counties as well as a uniform\nprocedure for requesting and providing additional training hours.\n 7. Operate the New York state academy of fire science.\n 8. Consult with and cooperate with state departments and agencies, and\nuniversities, colleges and institutions in the state for the development\nof specialized courses of study for public officers and employees,\nincluding paid and volunteer firefighters, in fire science and\nadministration. As part of the development of a training program for\nfirefighters, the office shall collect, compile, and disseminate\ninformation regarding training needs based on the data provided pursuant\nto section seventy-two-g of the general municipal law. Such information\nshall be compiled annually and, once compiled, a copy of such\ninformation shall be submitted to the governor, the temporary president\nof the senate, and the speaker of the assembly.\n 9. Coordinate and support arson training programs conducted by the\ndivision of criminal justice services and the division of state police.\n 10. Provide such public education and information programs, studies\nand reports as the state fire administrator may determine in furtherance\nof the provisions of this article and to coordinate and assist other\nstate agencies, municipal corporations and districts and fire companies\nin such matters.\n 11. Provide management advice and technical assistance to municipal\ncorporations and districts and fire companies relating to fire and arson\nprevention and control, including recommendations relating to\norganizations and structure of fire companies, municipal corporations\nand districts, allocations of powers and functions, cooperation and\nintergovernmental organizational and fiscal relationships, federal and\nstate aid programs; to provide legal advice and technical services to\nstate and local officials and agencies with respect to powers, duties\nand functions of municipal corporations and districts and fire companies\nrelating to fire and arson prevention and control.\n 12. Prepare and recommend revisions, consolidations or compilations of\nstatutes relating to arson, fire prevention and control.\n 13. Upon request of the appropriate state agency, provide for the fire\nsafety inspection of state or state-regulated facilities with the\ncooperation and assistance of local fire inspection personnel. The\ncompleted fire inspection form shall be filed with the requesting agency\nand contain recommendations as may be appropriate and a copy filed with\nthe office of fire prevention and control.\n 14. Act as the official agent of the state for the purpose of\nadministering, carrying out and otherwise cooperating with the federal\ngovernment in connection with the provisions of the federal fire\nprevention and control act of nineteen hundred seventy-four and any\nfederal laws amendatory or supplemental to such act heretofore or\nhereafter enacted; to apply for, accept, and expend funds made available\nby the federal government pursuant to such act; and to enter into any\nnecessary contracts or compacts pursuant to such federal acts in\nconnection therewith and to take any further action which may be\nrequired under the terms of any such federal act.\n 15. Enter into contracts with any person, firm, corporation or\ngovernmental agency to do all things necessary and convenient to carry\nout the functions, powers and duties expressly set forth in this\narticle.\n 16. Accept and administer as agent of the state any gift, grant,\ndevise or bequest, including federal grants for any of the purposes of\nthis article. Any moneys so received may be expended subject to the same\nlimitations as to approval of expenditures and audits as are prescribed\nfor state moneys.\n 17. Issue a written report to the governor and legislature, on or\nbefore February fifteenth of each year, on firefighter training\nactivities. Such report shall include at least the following\ninformation: the minimum training hours allocated on a county-by-county\nbasis, the training hours requested by each county, any unfulfilled\ntraining hour requests, and the number of hours used by each county on a\ncounty-by-county basis.\n 18. Establish rules and regulations as to the location and design of a\ndelineator used to mark the location of fire hydrants.\n 19. Issue permits and enforce the provisions of article four hundred\nfive of the penal law for the public displays of fireworks and indoor\npyrotechnics on or within state property, unless such authority has been\ndelegated pursuant to the rules and regulations promulgated by the\noffice of fire prevention and control.\n 20. Register the manufacturers, distributors, wholesalers, retailers\nand seasonal retailers of sparkling devices who wish to do business\nwithin the state.\n * 21. Adopt, amend or rescind such rules, regulations or orders as may\nbe necessary or convenient to the performance of the functions, powers\nand duties set forth in this article.\n * NB There are 2 sb 21's\n * 21. Provide written materials to consumers and builders which detail\nthe benefits of and include the factors that can affect costs associated\nwith the installation and maintenance of an automatic fire sprinkler\nsystem for a one- or two-family residential dwelling.\n * NB Repealed upon provisions set forth in § 3 of chapter 201 of 2014\n * NB There are 2 sb 21's\n 22. In coordination with the commissioner of the office for people\nwith developmental disabilities, provide the training program relating\nto handling emergency situations involving individuals with autism\nspectrum disorder and other developmental disabilities and associated\ntraining materials pursuant to section 13.43 of the mental hygiene law\nto all firefighters, both paid and volunteer. The office shall adopt all\nnecessary rules and regulations relating to such training, including the\nprocess by which training hours are allocated to counties as well as a\nuniform procedure for requesting and providing additional training\nhours.\n