S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3368

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 17, 2009
                               ___________

Introduced  by Sen. KRUGER -- (at request of the Department of State) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Finance

AN  ACT  to  amend  the  executive law and the general municipal law, in
  relation to requiring fire chiefs to annually report  fire  department
  resource inventory, personnel information and specialized capabilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 156 of the executive law is amended by adding a new
subdivision 20 to read as follows:
  20. COLLECT AND COMPILE FIRE DEPARTMENT  RESOURCE  INVENTORY  INFORMA-
TION.
  S 2. Section 204-d of the general municipal law, as amended by chapter
583 of the laws of 2006, is amended to read as follows:
  S  204-d.  Duties  of  the fire chief.   1. The fire chief of any fire
department or company shall, in addition to any other duties assigned to
him OR HER by law or contract, to the extent reasonably possible  deter-
mine or cause to be determined the cause of each fire or explosion which
the  fire  department  or company has been called to suppress. He OR SHE
shall file with the office of fire prevention and control of the depart-
ment of state a report containing such determination and any  additional
information required by such office regarding the fire or explosion. The
report  shall  be in the form designated by such office. He OR SHE shall
contact or cause to be contacted the appropriate investigatory authority
if he OR SHE has reason to believe the fire or explosion is of  incendi-
ary  or suspicious origin. For all fires that are suspected to have been
ignited by a cigarette, within fourteen days after completing the inves-
tigation into such fire, the fire chief shall forward to the  office  of
fire  prevention and control information detailing, to the extent possi-
ble: (a) the specific brand and style  of  the  cigarette  suspected  of
having  ignited  such fire; (b) whether the cigarette package was marked

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08307-01-9
              

S. 3368                             2

as required by subdivision six of section one hundred fifty-six-c of the
executive law; and (c) the location and manner in which  such  cigarette
was purchased.
  2.  HE OR SHE SHALL FURTHER ANNUALLY REPORT TO THE STATE FIRE ADMINIS-
TRATOR AN INVENTORY OF FIRE DEPARTMENT RESOURCES,  INCLUDING  EQUIPMENT,
PERSONNEL AND SPECIALIZED CAPABILITIES MAINTAINED BY THE FIRE DEPARTMENT
OR COMPANY. SUCH REPORT SHALL CONTAIN INFORMATION IN A MANNER AND FORMAT
PRESCRIBED BY THE STATE FIRE ADMINISTRATOR.
  S  3.  Subdivisions  1 and 2 of section 209-e of the general municipal
law, as amended by chapter 225 of the laws of 1979, are amended to  read
as follows:
  1. Plan. The state fire administrator shall prepare a state fire mobi-
lization  and mutual aid plan which may provide for the establishment of
fire mobilization and mutual aid zones of  the  state.  THE  PLAN  SHALL
INCLUDE  AN INVENTORY OF FIRE DEPARTMENT RESOURCES, INCLUDING EQUIPMENT,
PERSONNEL AND SPECIALIZED CAPABILITIES. Upon filing of the plan  in  the
office  of the department of state 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. REGIONAL FIRE ADMINISTRATORS, IN ADDITION TO
ANY OTHER DUTIES ASSIGNED TO HIM OR HER PURSUANT TO SUBDIVISION THREE OF
THIS SECTION, SHALL REVIEW FOR COMPLETENESS,  FIRE  DEPARTMENT  RESOURCE
INVENTORY  REPORTS  SUBMITTED PURSUANT TO SUBDIVISION TWO OF SECTION TWO
HUNDRED FOUR-D OF THIS ARTICLE FOR THE FIRE MOBILIZATION AND MUTUAL  AID
ZONE  FOR WHICH THEY HAVE BEEN APPOINTED. 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 department of state.
  S 4. This act shall take effect immediately.