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This entry was published on 2018-10-12
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SECTION 156
Functions, powers and duties of the office
Executive (EXC) CHAPTER 18, ARTICLE 6-C
§ 156. Functions, powers and duties of the office. The office of fire
prevention and control, by and through the state fire administrator or
his duly authorized officer or employee, shall be empowered to:

1. Advise and assist in coordinating and strengthening the activities,
programs and services, and rules and regulations of those departments
and agencies of the state which have functions, powers and duties
relating to (a) arson suppression, detection, investigation and
prosecution, (b) fire prevention and control, and (c) fire
service-related problems, to the end of providing more effective
services to the public and strengthening governmental programs relating
to such matters.

1-a. Advise and assist the state education department in the
development of a specialized course of study for teachers of fire and
arson prevention.

2. Advise and assist fire companies, municipal corporations and
districts, including agencies and departments thereof in developing
measures for more effective fire and arson prevention and control; to
assist and encourage cooperative efforts to solve common problems
relating to fire and arson prevention and control and to serve as a
clearinghouse of information about fire and arson prevention and
control, about reported cases of burn injuries or wounds sustained, and
about state and federal services available to assist in solving such
problems.

3. Employ or contract with individuals, agencies or corporations to
assist fire companies, municipal corporations and districts in the
development of an arson investigation program or in the investigation of
cases of suspected arson or cases of burn injuries or wounds sustained
upon the request of such an entity. However, nothing in this provision
shall be construed to remove the primary responsibility for arson
investigations from appropriate local jurisdictions or agencies.

4. Improve arson evidence analysis and testing at existing facilities
and periodically recommend to the governor and the legislature methods
to improve such services.

5. Collect, compile and disseminate information relating to fire and
arson prevention and control, reported cases of burn injuries or wounds
sustained, the use of sprinkler systems, and to operate a state fire
reporting system. The state fire reporting system shall include a
procedure for the identification of patterns of suspicious or criminal
fires and for alerting appropriate state and local authorities. The fire
reporting system shall also include fire incident data supplied by local
fire agencies in a manner and on forms prescribed by the state fire
administrator. To the extent practicable, the data shall be collected
and maintained in a form compatible with information collected by other
states and the federal government. The state fire administrator shall
cooperate with the division of state police, division of criminal
justice services, department of financial services, local police and
fire agencies, the insurance industry and other appropriate
organizations in maintaining such system. The provisions of section
three hundred eighteen of the insurance law shall apply to any
organization supplying information pursuant to this subdivision.

6. Plan, coordinate and provide training for firefighters, both paid
and volunteer, and related governmental officers and employees, relating
to fire and arson prevention and control, and encourage expansion and
improvement of local training facilities in cooperation with fire
companies, municipal corporations and districts. Such training shall be
made available by video or computer to the maximum extent possible. The
office shall adopt rules and regulations relating to such training,
including but not limited to training standards used and the process by
which training hours are allocated to counties as well as a uniform
procedure for requesting and providing additional training hours.

7. Operate the New York state academy of fire science.

8. Consult with and cooperate with state departments and agencies, and
universities, colleges and institutions in the state for the development
of specialized courses of study for public officers and employees,
including paid and volunteer firefighters, in fire science and
administration. As part of the development of a training program for
firefighters, the office shall collect, compile, and disseminate
information regarding training needs based on the data provided pursuant
to section seventy-two-g of the general municipal law. Such information
shall be compiled annually and, once compiled, a copy of such
information shall be submitted to the governor, the temporary president
of the senate, and the speaker of the assembly.

9. Coordinate and support arson training programs conducted by the
division of criminal justice services and the division of state police.

10. Provide such public education and information programs, studies
and reports as the state fire administrator may determine in furtherance
of the provisions of this article and to coordinate and assist other
state agencies, municipal corporations and districts and fire companies
in such matters.

11. Provide management advice and technical assistance to municipal
corporations and districts and fire companies relating to fire and arson
prevention and control, including recommendations relating to
organizations and structure of fire companies, municipal corporations
and districts, allocations of powers and functions, cooperation and
intergovernmental organizational and fiscal relationships, federal and
state aid programs; to provide legal advice and technical services to
state and local officials and agencies with respect to powers, duties
and functions of municipal corporations and districts and fire companies
relating to fire and arson prevention and control.

12. Prepare and recommend revisions, consolidations or compilations of
statutes relating to arson, fire prevention and control.

13. Upon request of the appropriate state agency, provide for the fire
safety inspection of state or state-regulated facilities with the
cooperation and assistance of local fire inspection personnel. The
completed fire inspection form shall be filed with the requesting agency
and contain recommendations as may be appropriate and a copy filed with
the office of fire prevention and control.

14. Act as the official agent of the state for the purpose of
administering, carrying out and otherwise cooperating with the federal
government in connection with the provisions of the federal fire
prevention and control act of nineteen hundred seventy-four and any
federal laws amendatory or supplemental to such act heretofore or
hereafter enacted; to apply for, accept, and expend funds made available
by the federal government pursuant to such act; and to enter into any
necessary contracts or compacts pursuant to such federal acts in
connection therewith and to take any further action which may be
required under the terms of any such federal act.

15. Enter into contracts with any person, firm, corporation or
governmental agency to do all things necessary and convenient to carry
out the functions, powers and duties expressly set forth in this
article.

16. Accept and administer as agent of the state any gift, grant,
devise or bequest, including federal grants for any of the purposes of
this article. Any moneys so received may be expended subject to the same
limitations as to approval of expenditures and audits as are prescribed
for state moneys.

17. Issue a written report to the governor and legislature, on or
before February fifteenth of each year, on firefighter training
activities. Such report shall include at least the following
information: the minimum training hours allocated on a county-by-county
basis, the training hours requested by each county, any unfulfilled
training hour requests, and the number of hours used by each county on a
county-by-county basis.

18. Establish rules and regulations as to the location and design of a
delineator used to mark the location of fire hydrants.

19. Issue permits and enforce the provisions of article four hundred
five of the penal law for the public displays of fireworks and indoor
pyrotechnics on or within state property, unless such authority has been
delegated pursuant to the rules and regulations promulgated by the
office of fire prevention and control.

20. Register the manufacturers, distributors, wholesalers, retailers
and seasonal retailers of sparkling devices who wish to do business
within the state.

* 21. Adopt, amend or rescind such rules, regulations or orders as may
be necessary or convenient to the performance of the functions, powers
and duties set forth in this article.

* NB There are 2 sb 21's

* 21. Provide written materials to consumers and builders which detail
the benefits of and include the factors that can affect costs associated
with the installation and maintenance of an automatic fire sprinkler
system for a one- or two-family residential dwelling.

* NB Repealed upon provisions set forth in § 3 of chapter 201 of 2014

* NB There are 2 sb 21's

22. In coordination with the commissioner of the office for people
with developmental disabilities, provide the training program relating
to handling emergency situations involving individuals with autism
spectrum disorder and other developmental disabilities and associated
training materials pursuant to section 13.43 of the mental hygiene law
to all firefighters, both paid and volunteer. The office shall adopt all
necessary rules and regulations relating to such training, including the
process by which training hours are allocated to counties as well as a
uniform procedure for requesting and providing additional training
hours.