Legislation
SECTION 209-E
Fire mobilization and mutual aid plan
General Municipal (GMU) CHAPTER 24, ARTICLE 10
§ 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
mobilization and mutual aid zone established pursuant to the state fire
mobilization 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 the secretary of state.
3. Regulations. The commissioner of the division of homeland security
and emergency services, in consultation with 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
adapters 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
plan, showing how, when and where it was activated and when such
activation 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
article 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 or her duly
authorized 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 commissioner of the division of homeland security and emergency
services, in consultation with the state fire administrator, and
approved by the director of the budget.
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
mobilization and mutual aid zone established pursuant to the state fire
mobilization 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 the secretary of state.
3. Regulations. The commissioner of the division of homeland security
and emergency services, in consultation with 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
adapters 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
plan, showing how, when and where it was activated and when such
activation 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
article 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 or her duly
authorized 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 commissioner of the division of homeland security and emergency
services, in consultation with the state fire administrator, and
approved by the director of the budget.