New York Executive Law Section 156 - Functions, powers and duties of the office.

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

Last modified: February 3, 2019