Requires fire chiefs to annually report fire department resource inventory, personnel information and specialized capabilities.
Ayes (19): Kruger, Krueger, Oppenheimer, Montgomery, Duane, Parker, Stavisky, Dilan, Sampson, Stewart-Cousins, Thompson, Adams, Breslin, Diaz, Espada, Klein, Perkins, Valesky, Padavan
Ayes W/R (3): Stachowski, DeFrancisco, LaValle
Nays (11): Johnson O, Volker, Seward, Saland, Farley, Hannon, Larkin, Nozzolio, Leibell, Maziarz, Marcellino
Ayes (32): Adams, Addabbo, Aubertine, Breslin, Diaz, Dilan, Duane, Espada, Foley, Hassell-Thomps, Huntley, Johnson C, Klein, Krueger, Kruger, Montgomery, Onorato, Oppenheimer, Parker, Peralta, Perkins, Sampson, Savino, Schneiderman, Serrano, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky
Nays (28): Alesi, Bonacic, DeFrancisco, Farley, Flanagan, Golden, Griffo, Hannon, Johnson O, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Nozzolio, Padavan, Ranzenhofer, Robach, Saland, Seward, Skelos, Volker, Winner, Young
Absent (1): Fuschillo
Excused (1): Morahan
BILL NUMBER: S3368
TITLE OF BILL : 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
PURPOSE OF THE BILL : This proposal would amend the executive law and the general municipal law to enable the office of fire prevention and control to establish a fire department resource inventory system by using local resource information obtained annually from all fire chiefs statewide.
SUMMARY OF PROVISIONS : Section 1 adds a new subdivision 20 to § 156 of the executive law to permit the secretary of state to collect and compile fire department resource inventory information.
Section 2 sets forth gender neutral language and adds a new subdivision 2 to § 204-d of the general municipal law to require fire chiefs to annually report to the State Fire Administrator an inventory of equipment, personnel and specialized capabilities maintained by the fire department or company.
Section 3 amends § 209-e of the general municipal law to require the state fire mobilization and mutual aid plan to include an inventory of fire department resources and require regional fire administrators to review for completeness fire department resource inventory reports.
Section 4 sets forth an immediate effective date.
EXISTING LAW : Section § 209-e(1) of the general municipal law currently requires the State Fire Administrator to prepare a state fire mobilization and mutual aid plan, but does not require resource information to be reported to or kept by the office of fire prevention and control.
PRIOR LEGISLATIVE HISTORY : This is a new proposal.
STATEMENT IN SUPPORT : The office of fire prevention and control presently maintains a basic listing of fire department resource information regarding equipment and personnel for purposes of the New York state fire mobilization and mutual aid plan established pursuant to general municipal law § 209-e. However, this section of law does not require the reporting of resource information or require such information to be kept in an updated fashion. Because the reporting requirements are inadequate, the office of fire prevention and control is unable to establish and maintain a comprehensive, current, statewide fire department resource inventory system.
Fire department resource inventory information (such as number and type of fire apparatus, number of firefighters and special capabilities, number and type of specialized emergency response units, including hazardous materials teams or technical rescue units) would assist emergency preparedness planning and fire service response to large incidents that exceed local capacity or capability. This information would also benefit the state's comprehensive emergency response plan. A single, statewide compilation of fire department resource information would facilitate identification and dispatching of resources to large-scale emergencies. An adequate compilation of fire department resource information would also assist state and local emergency planners in identifying resource gaps for emergency response scenarios, and assist in the detailed identification of nearby resources that may be available, by mutual aid, before an incident occurs. The information would also assist the office of fire prevention and control in assessing and planning for expected training needs of fire departments.
Additionally, the National Incident Management System (NIMS) calls for a systematic resource management system, including the categorization of resources. The NIMS is required in New York State pursuant to Governor's Executive Order No. 26.1 of 1996 (continued by Executive Order No. 9 of 2008), which incorporated NIMS as the Management System for Emergency Response, and by Homeland Security Presidential Directive No.5 of 2003. The fire department resource inventory system would meet the requirements of the NIMS.
BUDGET IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3368 2009-2010 Regular Sessions IN SENATE 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 markedEXPLANATION--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.