Section 29-B. Use of civil defense forces in disasters

1. The governor may,
  in  his discretion, direct the state civil defense commission to conduct
  a civil defense drill, under its direction, in which all or any  of  the
  civil  defense forces of the state may be utilized to perform the duties
  assigned to them in a  civil  defense  emergency,  for  the  purpose  of
  protecting  and preserving human life or property in a disaster. In such
  event, civil defense  forces  in  the  state  shall  operate  under  the
  direction  and command of the state director of civil defense, and shall
  possess the same powers, duties, rights, privileges  and  immunities  as
  are  applicable  in  a  civil defense drill held at the direction of the
  state civil defense commission under the  provisions  of  the  New  York
  state defense emergency act.
    2. Local use of civil defense forces. a. Upon the threat or occurrence
  of a disaster, and during and immediately following the same, and except
  as  otherwise  provided  in  paragraph d of this subdivision, the county
  chief executive may direct the civil defense director  of  a  county  to
  assist  in  the protection and preservation of human life or property by
  holding a civil defense drill and training exercise at the scene of  the
  disaster and at any other appropriate places within the county, in which
  all  or any civil defense forces may be called upon to perform the civil
  defense duties assigned to them.
    b. The civil defense forces of the  county  shall  be  regarded  as  a
  reserve  disaster  force  to  be  activated, in whole in in part, by the
  county civil defense director upon the direction  of  the  county  chief
  executive  when  the  county  chief  executive,  in  his  discretion, is
  convinced that the  personnel  and  resources  of  local  municipal  and
  private   agencies   normally  available  for  disaster  assistance  are
  insufficient adequately to cope with the disaster.
    c. Except as provided in paragraph d of this subdivision,  the  county
  chief executive may exercise the power conferred upon him in paragraph a
  of  this  subdivision, or may deactivate the civil defense forces of the
  county in whole or in part, on his own motion or upon the request of the
  chief executive officer of a village, town or city  located  within  the
  county of which he is an officer.
    d. Where the local office of civil defense in a city is independent of
  the  county  office  of civil defense and is not consolidated therewith,
  the county chief executive may direct the civil defense director of  the
  county  to  render  assistance  within  such  city  only  when the chief
  executive officer of such city has  certified  to  him  that  the  civil
  defense  forces  of  the  city  have  been  activated  pursuant  to  the
  provisions of subdivision three of this section and that  all  resources
  available locally are insufficient adequately to cope with the disaster.
    e.  When  performing  disaster  assistance  pursuant  to this section,
  county civil defense  forces  shall  operate  under  the  direction  and
  command  of  the  county  civil defense director and his duly authorized
  deputies, and shall possess the same powers, duties, rights,  privileges
  and  immunities  they  would  possess  when performing their duties in a
  locally sponsored civil defense drill or training exercise in the  civil
  or  political  subdivision  in  which  they  are  enrolled,  employed or
  assigned civil defense responsibilities.
    f. The chief executive officer of a city shall be responsible for  the
  conduct of disaster operations within the city, including the operations
  directed  by  the  county civil defense director when rendering disaster
  assistance within a city pursuant to this section.
    g. Outside of a city, the sheriff of the county, and in Nassau  county
  the  commissioner of police of the county of Nassau, shall supervise the
  operations of the civil defense director when  rendering  peace  officer
  duties   incident   to   disaster   assistance.  The  sheriff  and  such

  commissioner may delegate  such  supervisory  power  to  an  elected  or
  appointed town or village official in the area affected.
    h. Neither the chief executive officer of a city, nor the county chief
  executive, nor any elected or appointed town or village official to whom
  the  county chief executive has delegated supervisory power as aforesaid
  shall be held responsible for acts or omissions of civil defense  forces
  when performing disaster assistance.
    3.  City use of civil defense forces. a. Upon the threat or occurrence
  of a disaster, and during and immediately following the same, and except
  as otherwise provided in paragraph d  of  this  subdivision,  the  chief
  executive of a city may direct the civil defense director of the city to
  assist  in  the protection and preservation of human life or property by
  holding a civil defense drill and training exercise at the scene of  the
  disaster  and  at any other appropriate places within the city, in which
  all or any civil defense forces may be called upon to perform the  civil
  defense duties assigned to them.
    b. The civil defense forces of the city shall be regarded as a reserve
  disaster  force  to be activated, in whole or in part, by the city civil
  defense director upon the direction of the chief  executive  officer  of
  the  city  when  the  latter,  in  his discretion, is convinced that the
  personnel and resources of local municipal and private agencies normally
  available for disaster assistance are insufficient  adequately  to  cope
  with the disaster.
    c.  Except  as  provided in paragraph d of this subdivision, the chief
  executive officer of a city may exercise the power conferred upon him in
  paragraph a of this subdivision, or may  deactivate  the  civil  defense
  forces  of  the  city in whole or in part, on his own motion or upon the
  request of the head of the city police force.
    d. Where the local office of civil defense in  a  city  is  under  the
  jurisdiction  of  a  consolidated  county  office  of  civil  defense as
  provided in  the  New  York  state  defense  emergency  act,  the  chief
  executive  officer  of such city seeking the assistance of civil defense
  forces in the protection and preservation  of  human  life  or  property
  within  such  city  because of such disaster, must request the same from
  the county chief executive in which such city is located,  in  the  same
  manner  as  provided for assistance to towns and villages in subdivision
  two of this section.
    e. When performing disaster assistance pursuant to  this  subdivision,
  city  civil defense forces shall operate under the direction and command
  of the city civil defense director and his duly authorized deputies, and
  shall  possess  the  same  powers,  duties,  rights,   privileges,   and
  immunities  they would possess when performing their duties in a locally
  sponsored civil defense drill or training exercise in the city in  which
  they are enrolled, employed or assigned civil defense responsibilities.
    f. Where the city civil defense forces have been directed to assist in
  local  disaster  operations pursuant to paragraph a of this subdivision,
  and the chief executive officer  of  the  city  is  convinced  that  the
  personnel and resources of local municipal and private agencies normally
  available for disaster assistance, including local civil defense forces,
  are  insufficient  adequately  to cope with the disaster, he may certify
  the fact to the county chief executive  and  request  the  county  chief
  executive  to  direct  the  county  civil  defense  director  to  render
  assistance in the city, as provided in subdivision two of this section.
    g. The chief executive officer of a city shall be responsible for  the
  conduct of disaster operations within the city, including the operations
  directed  by  the county civil defense director, when rendering disaster
  assistance within a city pursuant to this subdivision.

    h. Neither the chief executive officer of a city, nor the county chief
  executive, shall be held responsible for  acts  or  omissions  of  civil
  defense forces when performing disaster assistance.