S T A T E O F N E W Y O R K
________________________________________________________________________
9897
I N A S S E M B L Y
April 20, 2012
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Introduced by M. of A. ENGLEBRIGHT, DUPREY, SCHIMEL -- (at request of
the Division of Homeland Security and Emergency Services) -- read once
and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to live fire training
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 155-a of the executive law is amended by adding
four new subdivisions 6, 7, 8 and 9 to read as follows:
6. "LIVE FIRE" SHALL MEAN ANY UNCONFINED OPEN FLAME OR DEVICE THAT CAN
PROPAGATE FIRE TO A BUILDING OR OTHER COMBUSTIBLE MATERIALS.
7. "ACQUIRED STRUCTURE" SHALL MEAN ANY STRUCTURE ACQUIRED FOR THE
PURPOSE OF CONDUCTING LIVE FIRE TRAINING EVOLUTIONS.
8. "LIVE FIRE TRAINING EVOLUTION" SHALL MEAN A LIVE FIRE TRAINING
ACTIVITY INVOLVING AN ACQUIRED STRUCTURE OR TRAINING CENTER BURN BUILD-
ING; SUCH TERM SHALL NOT INCLUDE THE TRAINING ACTIVITIES OR PRESCRIBED
BURNS CONDUCTED BY OR OBSERVED BY THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, PURSUANT TO ARTICLE NINE OF THE ENVIRONMENTAL CONSERVATION
LAW.
9. "TRAINING CENTER BURN BUILDING" SHALL MEAN A STRUCTURE SPECIFICALLY
DESIGNED AND CONSTRUCTED FOR CONDUCTING LIVE FIRE TRAINING EVOLUTIONS ON
A REPETITIVE BASIS.
S 2. The executive law is amended by adding a new section 159-a to
read as follows:
S 159-A. STANDARDS; LIVE FIRE TRAINING. 1. NOTWITHSTANDING ANY
PROVISIONS OF LAW TO THE CONTRARY, THE OFFICE OF FIRE PREVENTION AND
CONTROL SHALL HAVE THE AUTHORITY TO:
(A) ESTABLISH MINIMUM STANDARDS GOVERNING THE USE OF ACQUIRED STRUC-
TURES DURING LIVE FIRE TRAINING EVOLUTIONS;
(B) ESTABLISH MINIMUM STANDARDS GOVERNING THE MANNER IN WHICH ALL LIVE
FIRE TRAINING EVOLUTIONS ARE TO BE CONDUCTED;
(C) ESTABLISH MINIMUM TRAINING REQUIREMENTS WHICH MUST BE MET BY ANY
PERSON CONDUCTING, SUPERVISING, OR PARTICIPATING IN A LIVE FIRE TRAINING
EVOLUTION; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14498-01-2
A. 9897 2
(D) CONDUCT AN INVESTIGATION WHEN A SERIOUS INJURY OR FATALITY OCCURS
AS A RESULT OF A LIVE FIRE TRAINING EVOLUTION. THE FOCUS OF THE INVESTI-
GATION IS TO DETERMINE COMPLIANCE WITH THE STANDARDS SET FORTH PURSUANT
TO THIS SECTION.
2. WHENEVER A PERSON IS SERIOUSLY INJURED OR A FATALITY OCCURS DURING
A LIVE FIRE TRAINING EVOLUTION, THE CHIEF FIRE OFFICIAL OF THE FIRE
DEPARTMENT OR FIRE COMPANY THAT CONDUCTED THE TRAINING SHALL NOTIFY THE
OFFICE OF FIRE PREVENTION AND CONTROL AS SOON AS PRACTICABLE AND SUBMIT
A WRITTEN REPORT TO THE OFFICE OF FIRE PREVENTION AND CONTROL WITHIN
SEVEN DAYS OF SUCH INJURY OR FATALITY.
3. THE STATE FIRE ADMINISTRATOR SHALL ADOPT RULES AND REGULATIONS
NECESSARY TO CARRY OUT THE PURPOSE AND PROVISIONS OF THIS SECTION.
S 3. This act shall take effect September 1, 2012; provided, however,
that, effective immediately, the office of fire prevention and control
is authorized to adopt such rules and regulations which are necessary to
implement the provisions of this act on its effective date on or before
such date.