Section 156. Functions, powers and duties of the office  


Latest version.
  • 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, insurance department, 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. 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.