N.Y. General Municipal Law § 209-e: Fire mobilization and mutual aid plan

§ 209-e. Fire mobilization and mutual aid plan. 1. Plan. The state

fire administrator shall prepare a state fire mobilization and mutual

aid plan which may provide for the establishment of fire mobilization

and mutual aid zones of the state. Upon filing of the plan in the office

of fire prevention and control 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

mobilization and mutual aid zone established pursuant to the state fire

mobilization and mutual aid plan. 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 secretary of state.

3. Regulations. The commissioner of the division of homeland security

and emergency services, in consultation with the state fire

administrator, may make regulations and issue orders which he or she may

deem necessary to implement the state fire mobilization and mutual aid

plan and carry out the purposes of this section.

4. Powers. Whenever a county, city, town, village or fire district

shall request, or whenever the governor shall determine that the public

interest so requires, the state fire administrator shall possess and

exercise the powers, functions and duties set forth in the state fire

mobilization and mutual aid plan.

5. Standard thread. The state fire mobilization and mutual aid plan

shall prescribe a standard hose thread for the state, and each county,

city, town, village or fire district not equipped with the same may be

required either to recut its threads to such standard or provide

adapters whereby the same may be brought to such standards.

6. Records. The state fire administrator shall keep a permanent public

record of the activations of the state fire mobilization and mutual aid

plan, showing how, when and where it was activated and when such

activation was terminated.

7. Reimbursement of assisting municipal corporations or fire

districts. Whenever the governor activates the state fire mobilization

and mutual aid plan pursuant to subdivision four of this section, claims

submitted by an assisting municipal corporation or fire district for

expenses allowed by subdivision two of section two hundred nine-g of

this article made in performance of its duties on behalf of a receiving

municipality or fire district pursuant to such plan may be reimbursed in

the first instance by the state from any local assistance appropriation

established for such purpose. Reimbursements of such claims from such

appropriation may be made only upon certification of such claim by the

state fire administrator to the state comptroller and audit of such

claim by the state comptroller prior to payment. Expenditures for such

reimbursements from such appropriation shall be considered a liability

for outside aid as described in section two hundred nine-g of this

article and shall be repaid by the municipality or fire district

receiving assistance pursuant to the state fire mobilization and mutual

aid plan.

8. Hazardous materials incident plan. The state fire administrator

shall prepare a hazardous materials incident plan which shall complement

and become a part of the plan required by subdivision one of this

section. The plan shall provide for the mobilization and coordination

of fire service resources in response to emergencies which involve or

may involve hazardous materials and shall establish hazardous materials

incidents response zones and criteria for recognized regional hazardous

materials incidents response teams. The office of fire prevention and

control, by and through the state fire administrator or his or her duly

authorized officers and employees, is authorized to approve grants of

funds from monies allocated and appropriated therefor for expenditures

of municipal corporations for hazardous materials incidents planning and

equipment, pursuant to applicable rules and regulations promulgated by

the commissioner of the division of homeland security and emergency

services, in consultation with the state fire administrator, and

approved by the director of the budget.