LBD14465-01-2
S. 7410 2
Such changes may be authorized for an additional period not exceeding
two years, upon a showing and a determination similar to that required
hereunder for the original authorization.
3. The provisions of this section shall not prevent the establishment
of more restrictive local requirements for eligibility for fire fight-
ers.
4. For the purposes of this section fire fighter means a member of a
fire department whose duties include fire service as the phrase fire
service is defined in paragraph d of subdivision eleven of section three
hundred two of the retirement and social security law.
5. Any person whose name was on an eligible list for appointment in
the competitive class of the civil service as a fire fighter on the date
educational, health and physical fitness requirements for fire fighters
are promulgated by the [governor pursuant to section one hundred fifty-
nine-d] STATE FIRE ADMINISTRATOR PURSUANT TO SECTION ONE HUNDRED FIFTY-
EIGHT of the executive law, shall continue to remain eligible for
appointment from such list during the life of such list without satisfy-
ing such requirements provided he OR SHE would otherwise have remained
eligible for appointment from such list if this section had not been
enacted.
6. The provisions of this section shall not apply to appointments made
by any county, city, town, village or fire district which employs five
or fewer fire fighters.
S 2. Section 236-b of the county law, as added by chapter 339 of the
laws of 2009, is amended to read as follows:
S 236-b. County electrical inspector licensing. 1. Notwithstanding
any inconsistent general, special, or local law to the contrary, the
county of Westchester is hereby authorized to establish a Westchester
county board of examiners for electrical inspectors and to empower such
board to assume all licensing duties within the county of Westchester
with respect to the licensure of electrical inspectors. The county of
Westchester shall provide for electrical inspectors' duties and respon-
sibilities with respect to applications for a license or renewal in
accordance with the local law of such county. A local law enacted pursu-
ant to this section establishing county licensure of electrical inspec-
tors shall provide standards for licensure which shall include, at a
minimum, a provision that no person shall obtain a license unless such
person shall have received training in the inspection of electrical
components, equipment and systems used in buildings and structures which
is at least equivalent to the training in the inspection of electrical
components, equipment and systems used in buildings and structures
required for code enforcement personnel under the rules and regulations
promulgated by the [governor pursuant to article six-C] SECRETARY OF
STATE PURSUANT TO SECTION THREE HUNDRED SEVENTY-SIX-A of the executive
law.
2. A local law enacted pursuant to this section establishing county
licensure of electrical inspectors shall supersede any provision requir-
ing electrical inspectors to also obtain a local license promulgated by
a city, town or village in the county pursuant to any general, special
or local law. Nothing in this section shall be deemed to supersede any
of the powers, functions and duties of the [fire fighting and code
enforcement personnel standards and education commission, as set forth
in article six-C] SECRETARY OF STATE PURSUANT TO SECTION THREE HUNDRED
SEVENTY-SIX-A of the executive law.
3. In this section, the term "electrical inspector" shall mean any
person who now or hereafter inspects electrical components, equipment
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and systems used in buildings and structures to determine the compliance
of such electrical components, equipment and systems and the installa-
tion of such electrical components, equipment and systems with the
applicable provisions of the state uniform fire prevention and building
code promulgated pursuant to article eighteen of the executive law;
provided, however, that the term electrical inspector shall not include
any person who performs such inspections as an employee of the state of
New York, any agency of the state of New York, or any county, city, town
or village. In no event shall any person who now or hereafter performs
such inspections as an employee of the state of New York, any agency of
the state of New York, or any county, city, town or village be required
to obtain a license issued pursuant to this section or pursuant to any
local law enacted pursuant to this section.
4. In this section, the term "agency of the state of New York" shall
include any department, bureau, commission, board, public authority or
other agency of the state of New York; any public benefit corporation
whose board of directors includes any member appointed by the governor;
any subdivision of any department, bureau, commission, board, public
authority or other agency of the state which is easily identifiable and
which for most other purposes is treated as an independent state agency;
and the office for technology.
S 3. Section 156-a of the executive law, as amended by section 1 of
part D of chapter 1 of the laws of 2004, is amended to read as follows:
S 156-a. Establishment of a specialized hazardous materials emergency
response training program. 1. The state fire administrator shall[, in
his or her discretion, consult with the fire fighting and code enforce-
ment personnel standards and education commission established pursuant
to section one hundred fifty-nine-a of this article, to] establish a
specialized hazardous materials emergency response training program for
individuals responsible for providing emergency response recovery
following incidents involving hazardous materials as defined in accord-
ance with section fourteen-f of the transportation law. The state fire
administrator shall inform all fire companies, municipal corporations
and districts, including agencies and departments thereof and all fire-
fighters, both paid and volunteer, and related officers and employees
and police officers of the implementation and availability of the
hazardous materials emergency response training program and shall,
subject to the availability of an appropriation, conduct such training
with sufficient frequency to assure adequate response to incidents
involving hazardous materials and protection of responders in all
geographic areas of the state.
2. The state fire administrator[, in consultation with the aforemen-
tioned commission] shall prescribe the curriculum of the hazardous mate-
rials emergency response training program, which shall include, but
shall not be limited to:
(a) hands-on training, including information in regard to leak and
spill control, product neutralization, pickup and disposal, fire
control, decontamination procedures and use and application of foam
agents;
(b) hazard assessment with emphasis on incident scene decision-making,
including: potential threat to public safety and need for evacuation,
calculation of the effect of weather on certain chemicals and evaluation
of the result of chemical exposures to air, water, soil, vegetation,
lives and property and impact on the personal safety of those working in
the accident area;
(c) calibration and use of emergency equipment;
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(d) chemical and biological properties of various classes of chemi-
cals, for example, flammables, oxidizers, corrosives, poisons; and
(e) weapons of mass destruction and response to terrorism.
3. The state fire administrator is hereby directed to issue a report
to the governor, speaker of the assembly, temporary president of the
senate, chairman of the assembly transportation committee and the chair-
man of the senate transportation committee by [April first] FEBRUARY
FIFTEENTH of each year on the operations of the program set forth in
this section.
4. The state fire administrator shall promulgate such rules and regu-
lations as are necessary to carry out the provisions of this section.
S 4. Subdivision 8 of section 156-c of the executive law, as amended
by chapter 583 of the laws of 2006, is amended to read as follows:
8. a. To enforce the provisions of this section, the commissioner of
taxation and finance and the [secretary of state] STATE FIRE ADMINISTRA-
TOR may take administrative action imposing the civil penalties and
suspensions authorized by subdivision five of this section. In addition,
the attorney general may bring an action on behalf of the people of the
state of New York to enjoin acts in violation of this section and to
recover any civil penalties unless civil penalties have been previously
recovered in such administrative proceedings.
b. Any enforcement officer as defined in section thirteen hundred
ninety-nine-t of the public health law shall have the power to impose
upon any retail dealer the civil penalties authorized by subdivision
five of this section, following a hearing conducted in the same manner
as hearings conducted under article thirteen-E of the public health law.
c. To enforce the provisions of this section, the commissioner of
taxation and finance and the [secretary of state] STATE FIRE ADMINISTRA-
TOR, or their duly authorized representatives, are hereby authorized to
examine the books, papers, invoices and other records of any person in
possession, control or occupancy of any premises where cigarettes are
placed, stored, sold or offered for sale, as well as the stock of ciga-
rettes in any such premises. Every person in the possession, control or
occupancy of any premises where cigarettes are placed, sold or offered
for sale, is hereby directed and required to give the commissioner of
taxation and finance and the [secretary of state] STATE FIRE ADMINISTRA-
TOR, and their duly authorized representatives, the means, facilities
and opportunity for such examinations as are herein provided for and
required.
d. Whenever any police officer designated in section 1.20 of the crim-
inal procedure law or a peace officer designated in subdivision four and
subdivision seventy-nine pertaining to the [Department of State's]
Office of Fire Prevention and Control, of section 2.10 of such law,
acting pursuant to his or her special duties, shall discover any ciga-
rettes which have not been marked in the manner required by subdivision
six of this section, such officer is hereby authorized and empowered to
seize and take possession of such cigarettes. Such seized cigarettes
shall be turned over to the commissioner of taxation and finance, and
shall be forfeited to the state. Cigarettes seized pursuant to this
section shall be destroyed.
e. The [secretary of state] STATE FIRE ADMINISTRATOR and the commis-
sioner of taxation and finance are hereby authorized to promulgate such
regulations as are deemed necessary to implement the provisions of this
section.
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S 5. Subdivision 2 of section 159 of the executive law, as added by
section 29-b of part B of chapter 56 of the laws of 2010, is amended to
read as follows:
2. The council shall be composed of the state fire administrator, as
chair, or his or her designee, and twelve other members appointed as
follows: six members appointed by the governor; two members appointed by
the temporary president of the senate; one member appointed by the
minority leader of the senate; two members appointed by the speaker of
the assembly; one member appointed by the minority leader of the assem-
bly. [Members of the fire safety advisory board, the arson board and the
firefighting and code enforcement personnel standard and education
commission may be appointed to this advisory council.]
S 6. Subdivision 2 of section 711 of the executive law, as added by
section 2 of part B of chapter 1 of the laws of 2004, is amended to read
as follows:
2. The [director] COMMISSIONER shall appear and give testimony before
the annual legislative hearing on public protection held jointly by the
assembly committee on ways and means and the senate finance committee as
provided for in section three of article VII of the New York state
constitution and section thirty-one of the legislative law.
S 7. Section 209-e of the general municipal law, as amended by chapter
225 of the laws of 1979, subdivisions 1 and 2 as amended by section 45
of part B of chapter 56 of the laws of 2010, subdivision 8 as added by
chapter 827 of the laws of 1987, is amended to read as follows:
S 209-e. Fire mobilization and mutual aid plan. 1. Plan. The state
fire administrator shall prepare a state fire mobilization and mutual
aid plan which may provide for the establishment of fire mobilization
and mutual aid zones of the state. Upon filing of the plan in the office
of fire prevention and control such plan shall become the state fire
mobilization and mutual aid plan. Such plan may be amended from time to
time in the same manner as originally adopted.
2. Regional fire administrators. The state fire administrator may
appoint and remove a regional fire administrator for each fire mobiliza-
tion and mutual aid zone established pursuant to the state fire mobili-
zation and mutual aid plan. Before he OR SHE enters on the duties of the
office, each regional fire administrator shall take and subscribe before
an officer authorized by law to administer oaths the constitutional oath
of office, which shall be administered and certified by the officer
taking the same without compensation and shall be filed in the office of
[fire prevention and control] THE SECRETARY OF STATE.
3. Regulations. The state fire administrator may make regulations and
issue orders which he OR SHE may deem necessary to implement the state
fire mobilization and mutual aid plan and carry out the purposes of this
section.
4. Powers. Whenever a county, city, town, village or fire district
shall request, or whenever the governor shall determine that the public
interest so requires, the state fire administrator shall possess and
exercise the powers, functions and duties set forth in the state fire
mobilization and mutual aid plan.
5. Standard thread. The state fire mobilization and mutual aid plan
shall prescribe a standard hose thread for the state, and each county,
city, town, village or fire district not equipped with the same may be
required either to recut its threads to such standard or provide adapt-
ers whereby the same may be brought to such standards.
6. Records. The state fire administrator shall keep a permanent public
record of the activations of the state fire mobilization and mutual aid
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plan, showing how, when and where it was activated and when such acti-
vation was terminated.
7. Reimbursement of assisting municipal corporations or fire
districts. Whenever the governor activates the state fire mobilization
and mutual aid plan pursuant to subdivision four of this section, claims
submitted by an assisting municipal corporation or fire district for
expenses allowed by subdivision two of section two hundred nine-g of
this article made in performance of its duties on behalf of a receiving
municipality or fire district pursuant to such plan may be reimbursed in
the first instance by the state from any local assistance appropriation
established for such purpose. Reimbursements of such claims from such
appropriation may be made only upon certification of such claim by the
state fire administrator to the state comptroller and audit of such
claim by the state comptroller prior to payment. Expenditures for such
reimbursements from such appropriation shall be considered a liability
for outside aid as described in section two hundred nine-g of this arti-
cle and shall be repaid by the municipality or fire district receiving
assistance pursuant to the state fire mobilization and mutual aid plan.
8. Hazardous materials incident plan. The state fire administrator
shall prepare a hazardous materials incident plan which shall complement
and become a part of the plan required by subdivision one of this
section. The plan shall provide for the mobilization and coordination
of fire service resources in response to emergencies which involve or
may involve hazardous materials and shall establish hazardous materials
incidents response zones and criteria for recognized regional hazardous
materials incidents response teams. The office of fire prevention and
control, by and through the state fire administrator or his duly author-
ized officers and employees, is authorized to approve grants of funds
from monies allocated and appropriated therefor for expenditures of
municipal corporations for hazardous materials incidents planning and
equipment, pursuant to applicable rules and regulations promulgated by
the [secretary of state] STATE FIRE ADMINISTRATOR and approved by the
director of the budget.
S 8. Section 209-w of the general municipal law, as added by chapter
369 of the laws of 1976, subdivisions 1 and 5 as amended by chapter 225
of the laws of 1979, is amended to read as follows:
S 209-w. Permanent appointment of fire fighters; completion of train-
ing program. 1. Notwithstanding the provisions of any general, special,
or local law or charter to the contrary, no person shall, after the
effective date of regulations adopted by the [governor pursuant to
section one hundred fifty-nine-d] STATE FIRE ADMINISTRATOR PURSUANT TO
SECTION ONE HUNDRED FIFTY-EIGHT of the executive law, receive an
original appointment on a permanent basis as a fire fighter of any coun-
ty, city, town, village, or fire district unless such person has previ-
ously been awarded a certificate by the state fire administrator attest-
ing to his OR HER satisfactory completion of an approved fire basic
training program; and every person who is appointed on a temporary basis
or for a probationary term or on other than a permanent basis as a fire
fighter of any county, city, town, village or fire district shall
forfeit his OR HER position as such unless he OR SHE previously has
satisfactorily completed, or within the time prescribed by regulations
promulgated by the [governor pursuant to section one hundred
fifty-nine-d] STATE FIRE ADMINISTRATOR PURSUANT TO SECTION ONE HUNDRED
FIFTY-EIGHT of the executive law, satisfactorily completes, a fire basic
training program for temporary or probationary fire fighters and is
awarded a certificate by the state fire administrator attesting thereto.
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2. The term fire fighter, as used in this section, shall mean a member
of a fire department whose duties include fire service as the phrase
fire service is defined in paragraph d of subdivision eleven of section
three hundred two of the retirement and social security law.
3. Nothing in this section shall be construed to exempt any fire
fighter or other officer or employee from the provisions of the civil
service law.
4. The provisions of this section shall not prevent the establishment
of more restrictive local requirements for appointment of fire fighters.
5. Any person whose name was on an eligible list for appointment in
the competitive class of the civil service as a fire fighter on the
effective date of any rules and regulations promulgated by the [governor
pursuant to section one hundred fifty-nine-d] STATE FIRE ADMINISTRATOR
PURSUANT TO SECTION ONE HUNDRED FIFTY-EIGHT of the executive law shall
continue to remain eligible for permanent appointment from such list
during the life of such list without satisfying the requirements set
forth in subdivision one of this section, provided he OR SHE would
otherwise have remained eligible for permanent appointment from such
list if this section had not been enacted.
6. The provisions of this section shall not apply to appointments made
by any county, city, town, village or fire district which employs five
or fewer fire fighters.
S 9. This act shall take effect immediately.