2023 New York Laws › EXC - Executive › Article 6-C - Office of Fire Prevention and Control › 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.