Legislation
SECTION 34
Responsibilities of commission and local directors for shelter protection
Defense Emergency Act 1951 784/51 (DEA) CHAPTER 784-51, ARTICLE 3-A
§ 34. Responsibilities of commission and local directors for shelter
protection. 1. The commission shall:
a. Include in the comprehensive plan for the civil defense of the
state provision for the protection of every inhabitant thereof against
fallout radiation resulting from attack and against such other dangers
resulting from attack as the commission may deem necessary.
b. Provide, through local offices or otherwise, an information and
counseling service available to the public generally and to those
concerned with providing shelter protection for others, including all
political subdivisions, schools, colleges and universities, employers,
landlords, architects, engineers, contractors, hospitals, voluntary
institutions and places of public assembly. The service to be provided
shall include, among other things, detailed information and technical
advice relating to
i. the achievement of fallout protection which will meet the standards
for fallout shelters set forth in the plan, regulations or orders of the
commission relating thereto;
ii. the financial assistance available for the construction of
shelters from governmental sources or private lending institutions,
including insured mortgage loans, and the usual terms thereof;
iii. the financial assistance, if any, available from governmental
sources or private lending institutions for equipping and provisioning
shelters, and the usual terms thereof;
iv. the exemption from local real property taxation, special ad
valorem levies and special assessments provided in section four hundred
seventy-nine of the real property tax law for the increase in value
attributable to the construction or installation of a fallout shelter;
v. the maximum and minimum shelter occupancies which will qualify for
state civil defense aid and any comparable federal aid; and
vi. the materials recommended by federal civil defense authorities or
by the commission for inclusion in shelters, which information and
advice may include the names of specific trade products and their
manufacturers so long as the commission makes clear that other products
of comparable quality and meeting the same standards are included within
the general recommendations although not specified by name.
c. Have power to test, approve and recommend materials for inclusion
in shelters.
d. Upon the request of a political subdivision, board, authority or
commission which desires to acquire, construct or install a shelter
pursuant to section twenty-three-a of this act, review the plans and
specifications of such shelter and certify whether it will comply with
the plan, regulations or orders of the commission.
e. Publicize the availability of the detailed information and
technical advice described in this section.
f. Specifically urge county and city governments which do not yet have
protected emergency operating centers constructed or under way to
initiate the construction of such centers promptly pursuant to the
provisions of federal law and section twenty-three-b of this act.
g. Report to the governor and the legislature annually on or before
February first as to:
i. The action taken by it and by others to meet the objectives set
forth in this act of assuring the availability of effective shelter
protection for every inhabitant of the state and the rehabilitation and
recovery of the state and its inhabitants after attack.
ii. Its recomendations, if any, for changes in the provisions of this
act relating to shelter protection and to rehabilitation and recovery
after attack, including changes considered by it to be necessary or
desirable to stimulate and encourage the further acquisition,
construction or installation of shelters and protected stockpiles of
materials in accordance with its plan, regulations or orders.
2. Local directors, in accordance with the regulations and orders of
the commission, shall:
a. Participate in the information and counseling service referred to
in paragraph b. of subdivision one of this section and in publicizing
the availability of such service.
b. Assist the state director in any investigation conducted by him
pursuant to section thirty-seven of this act.
c. Have power to inspect from time to time at reasonable hours
completed shelters within the area under the jurisdiction of the local
office.
d. Report to the state director the results of inspections of
completed shelters in such form and detail as the state director may
from time to time require.
protection. 1. The commission shall:
a. Include in the comprehensive plan for the civil defense of the
state provision for the protection of every inhabitant thereof against
fallout radiation resulting from attack and against such other dangers
resulting from attack as the commission may deem necessary.
b. Provide, through local offices or otherwise, an information and
counseling service available to the public generally and to those
concerned with providing shelter protection for others, including all
political subdivisions, schools, colleges and universities, employers,
landlords, architects, engineers, contractors, hospitals, voluntary
institutions and places of public assembly. The service to be provided
shall include, among other things, detailed information and technical
advice relating to
i. the achievement of fallout protection which will meet the standards
for fallout shelters set forth in the plan, regulations or orders of the
commission relating thereto;
ii. the financial assistance available for the construction of
shelters from governmental sources or private lending institutions,
including insured mortgage loans, and the usual terms thereof;
iii. the financial assistance, if any, available from governmental
sources or private lending institutions for equipping and provisioning
shelters, and the usual terms thereof;
iv. the exemption from local real property taxation, special ad
valorem levies and special assessments provided in section four hundred
seventy-nine of the real property tax law for the increase in value
attributable to the construction or installation of a fallout shelter;
v. the maximum and minimum shelter occupancies which will qualify for
state civil defense aid and any comparable federal aid; and
vi. the materials recommended by federal civil defense authorities or
by the commission for inclusion in shelters, which information and
advice may include the names of specific trade products and their
manufacturers so long as the commission makes clear that other products
of comparable quality and meeting the same standards are included within
the general recommendations although not specified by name.
c. Have power to test, approve and recommend materials for inclusion
in shelters.
d. Upon the request of a political subdivision, board, authority or
commission which desires to acquire, construct or install a shelter
pursuant to section twenty-three-a of this act, review the plans and
specifications of such shelter and certify whether it will comply with
the plan, regulations or orders of the commission.
e. Publicize the availability of the detailed information and
technical advice described in this section.
f. Specifically urge county and city governments which do not yet have
protected emergency operating centers constructed or under way to
initiate the construction of such centers promptly pursuant to the
provisions of federal law and section twenty-three-b of this act.
g. Report to the governor and the legislature annually on or before
February first as to:
i. The action taken by it and by others to meet the objectives set
forth in this act of assuring the availability of effective shelter
protection for every inhabitant of the state and the rehabilitation and
recovery of the state and its inhabitants after attack.
ii. Its recomendations, if any, for changes in the provisions of this
act relating to shelter protection and to rehabilitation and recovery
after attack, including changes considered by it to be necessary or
desirable to stimulate and encourage the further acquisition,
construction or installation of shelters and protected stockpiles of
materials in accordance with its plan, regulations or orders.
2. Local directors, in accordance with the regulations and orders of
the commission, shall:
a. Participate in the information and counseling service referred to
in paragraph b. of subdivision one of this section and in publicizing
the availability of such service.
b. Assist the state director in any investigation conducted by him
pursuant to section thirty-seven of this act.
c. Have power to inspect from time to time at reasonable hours
completed shelters within the area under the jurisdiction of the local
office.
d. Report to the state director the results of inspections of
completed shelters in such form and detail as the state director may
from time to time require.