N.Y. Executive Law § 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

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.