reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XI - Hearings › Part 400 - Hearing Rules Of Procedure › Section 400.12 - Proposed findings of fact

Current through Register Vol. 46, No. 28, July 10, 2024
Any party may submit proposed findings of fact within time
				  limitations set by the administrative law judge. Such findings of fact shall be
				  captioned, entitled as such, shall be consecutively numbered and shall be typed
				  legibly on plain, white bond, standard weight paper, 8 1/2 x 11 inches in size.
				  Such proposed findings of fact shall recite basic facts and not evidentiary
				  facts and shall not be conclusions of law. A basic fact would be "John Jones
				  visited Syracuse," and not "John Jones testified that he visited Syracuse,"
				  which is an evidentiary fact. A conclusion of law would be "John Jones has
				  demonstrated untrustworthiness within the meaning of section 441-c  of the Real
				  Property Law." In general, it is expected that the complaint will allege the
				  basic facts which would otherwise be contained in a statement of proposed
				  findings of fact. In accordance with section 301(1) of the State Administrative
				  Procedure Act, the person assigned to render a decision will rule on each
				  finding of fact. Such decision maker will do so by marking the instrument
				  setting forth the proposed findings of fact a part of the decision and noting
				  in the margin thereof the ruling, i.e.,"Found," "Not Found," "Irrelevant,"
				  "Evidentiary," "Conclusion of Law," which rulings may be abbreviated
				  meaningfully. The body of the decision will contain such findings of fact as
				  the decision maker deems relevant, but need not be expressed in the same
				  language as presented in the proposed findings.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XI - Hearings › Part 400 - Hearing Rules Of Procedure › Section 400.13 - Time periods

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except by
				consent of the parties or otherwise determined under subdivision (c) of this
				section, every adjudicatory proceeding under the jurisdiction of the Secretary
				of State shall be brought to completion within 150 days of the date of the
				hearing specified in the service of the notice of hearing. An adjournment or
				continuance granted at the request of respondent or by mutual consent of the
				parties will extend the period of 150 days in which the Secretary of State must
				act by the length of time the adjournment or continuance is granted.
(b) With respect to applications for a
				license or a commission, the Secretary of State shall grant or deny such
				application within 150 days of the date of the submission of a completed
				application. If the application is denied, the Secretary of State shall state
				the reasons for denial in writing by letter to the applicant and offer the
				applicant an opportunity for a hearing by demanding the same in writing within
				30 days of the date of the letter of denial. If a hearing is demanded, a
				decision shall be issued within 150 days of the receipt of the
				demand.
(c) The Secretary of State
				or an administrative law judge may, prior to the expiration period, extend the
				time periods established by subdivision (a) of this section by making a
				determination in writing that the adjudicatory proceeding cannot be completed
				within 150 days and stating sufficient reasons therefor. Such an extension
				shall be for no longer than an additional 120 days. Such determination shall be
				promptly mailed to all parties.
(d)
				A failure of the Secretary of State to observe the time limitations established
				by this section, or the failure of an administrative law judge to make the
				determination required by subdivision (c) of this section shall be reviewable
				under article 78 of the Civil Practice Law and Rules in a proceeding in the
				nature of mandamus.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 425 - Payment To Municipalities For Firefighting Costs Incurred In Fighting Fires On Property Under The Jurisdiction Of The State Of New York › Section 425.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
Section 54-e  of the State Finance Law, as enacted by Laws of
				  1978, chapter 741, provides for the State of New York to reimburse
				  municipalities for their firefighting costs incurred while fighting a fire on
				  property under the jurisdiction of the State of New York. This Part implements,
				  that law and governs the application procedure and scope of coverage of the
				  law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 425 - Payment To Municipalities For Firefighting Costs Incurred In Fighting Fires On Property Under The Jurisdiction Of The State Of New York › Section 425.3 - Report of fire

Current through Register Vol. 46, No. 28, July 10, 2024
State Finance Law, section 54-e(2)(a), requires a
				  municipality whose fire department has responded to a fire on property under
				  the jurisdiction of the State of New York to submit a report to the Secretary
				  of State within 30 days after such fire. Such report shall consist of the
				  information as is required in Appendix 6 of this Title (i.e., a basic field
				  incident report, FRS-902F [1/76]) for such fire, which is made a part hereof,
				  and a report of the firefighting costs incurred while fighting such a fire as
				  provided for in section
				  425.4(c) and (d)
				  of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 425 - Payment To Municipalities For Firefighting Costs Incurred In Fighting Fires On Property Under The Jurisdiction Of The State Of New York › Section 425.4 - Submission of claim

Current through Register Vol. 46, No. 28, July 10, 2024
In making a claim, a municipality shall submit such
				  information as is required in Appendix 6 of this Title (i.e., the basic field
				  incident report, FRS-902F [1/76]), which is made a part hereof, and the
				  following additional information:
(a)
				evidence that the person submitting the claim is authorized to do so on behalf
				of an eligible municipality (such as a certified copy of a resolution of the
				governing body);
(b) name and
				address of the State agency or public benefit corporation having jurisdiction
				over the property on which the fire occurred;
(c) an itemized list of firefighting
				costs;
(d) if there is a claim for
				damaged or destroyed equipment, the following information shall be submitted:
(1) three independent estimates of the cost
				of repairs, except where repairs are available from only one source, in which
				case one estimate shall be submitted;
(2) a statement of the depreciated value of
				such equipment immediately preceding the fire and immediately subsequent to the
				damage or destruction, including the method used to calculate
				depreciation;
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 425 - Payment To Municipalities For Firefighting Costs Incurred In Fighting Fires On Property Under The Jurisdiction Of The State Of New York › Section 425.5 - Calls for assistance

Current through Register Vol. 46, No. 28, July 10, 2024
Expenses and losses incurred in responding to a call for
				  assistance pursuant to section 209  of the General Municipal Law, to the extent
				  that they constitute firefighting costs and are otherwise eligible, may be
				  claimed only if reimbursement pursuant to subdivision 2, 3 or 4 of such section
				  is not claimed. Proper amounts paid by a city, town (in relation to territory
				  in the town located in a fire protection district, fire alarm district or
				  territory in the town outside any village, fire district, fire protection
				  district or fire alarm district), village or fire district, pursuant to
				  subdivision 2, 3 or 4 of section 209  of the General Municipal Law, as a result
				  of a call for assistance, may be claimed to the extent such payments are for
				  firefighting costs and are otherwise eligible.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 425 - Payment To Municipalities For Firefighting Costs Incurred In Fighting Fires On Property Under The Jurisdiction Of The State Of New York › Section 425.6 - Amended claims

Current through Register Vol. 46, No. 28, July 10, 2024
Any time prior to certification or denial of such claim by
				  the Secretary of State, a municipality may submit additional information
				  concerning its claim or amend its claim. An amended claim shall be treated for
				  all purposes as a new claim.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 425 - Payment To Municipalities For Firefighting Costs Incurred In Fighting Fires On Property Under The Jurisdiction Of The State Of New York › Section 425.7 - Reconsideration

Current through Register Vol. 46, No. 28, July 10, 2024
Any time prior to payment or denial of such claim, the
				  Secretary of State or his designee may reconsider the determination of any
				  claim upon the discovery of additional material evidence.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 426 - Minimum Standards For Firefighting Personnel In The State Of New York › Section 426.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to establish uniform minimum
				  State training standards designed to increase competency and reliability of
				  fire service personnel; improve and expand the professional training available
				  to paid fire service personnel by developing uniform minimum standards for
				  basic, in-service, advanced in-service and promotional supervisory training
				  programs, with emphasis on proper subject content and better instruction;
				  encourage the active participation of local governments in the fire service
				  training standards process; develop training criteria that will enhance each
				  local government's fire prevention and life safety
				  activities.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 426 - Minimum Standards For Firefighting Personnel In The State Of New York › Section 426.2 - Standards for certification of fire training programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Fire training programs may be certified
				in four areas: basic fire training, in-service fire training, advanced
				in-service fire training, and promotional/supervisory training.
(b) To receive certification, a basic fire
				training program shall be certified by the State Fire Administrator and shall:
(1) contain subject matter that meets or
				exceeds the knowledge/skill content criteria prescribed by section
				426.6 of this Part;
(2) meet or exceed the minimum hours of
				instruction prescribed in section
				426.6 of this Part;
(3) be conducted by instructors certified by
				the State Fire Administrator;
(4)
				be conducted at facilities and with equipment complying with section
				426.3 of this Part; and
(5) provide a recordkeeping system that will
				attest to the fact that the student has completed the required number of hours
				of this Part, and has attained that level of performance established by the
				municipality for its firefighting personnel.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 426 - Minimum Standards For Firefighting Personnel In The State Of New York › Section 426.3 - Facilities and equipment required for fire training programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The facilities and equipment prescribed
				in this section need only be provided where specific training tasks require.
				Any facility or item of equipment available to the municipality, and which
				meets the intent of this section, may be utilized.
(b) Facilities and equipment required for
				conducting fire training programs shall include:
(1) a tower or similar structure not less
				than two stories in height, and suitable for use with ladders and rescue
				equipment, which permits the raising and lowering of hose lines and other
				equipment;
(2) facilities which
				allow forcible entry and ventilation drills, including a means of practicing on
				doors, windows, roofs, floors, ceilings and partitions (such components may be
				included in a structure to be burned as part of the training if not a part of
				the regular training complex);
(3)
				hydrant and/or drafting facilities of sufficient capacity to accomplish minimum
				training requirements;
(4)
				facilities for live fire training that will, where required, permit the use of
				breathing apparatus in an enclosed structure, flammable liquid firefighting,
				liquid propane and natural gas firefighting, and automobile
				firefighting;
(5) classroom with
				adequate lighting, heating, plumbing, ventilation and seating
				facilities;
(6) pumper, ladder and
				other necessary apparatus in proper operating condition, suitably equipped, to
				accomplish the minimum training required;
(7) extinguishers, ropes, ladders, nozzles,
				tools, appliances and such other equipment deemed necessary for fulfilling
				minimum training requirements; and
(8) representative demand, oxygen-generating
				or other self-contained breathing apparatus, in sufficient numbers to enable
				use by firefighters engaged in training evolutions where hazardous atmospheres
				are encountered.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 426 - Minimum Standards For Firefighting Personnel In The State Of New York › Section 426.4 - Minimum qualifications for instructor certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be two categories of
				instructor certification: standard and special standard certification shall be
				further subdivided into level I and level II.
(b) To receive standard certification--level
				I, a fire instructor shall:
(1) have three
				years experience as a firefighter;
(2) be assigned instructor responsibilities
				by the chief fire official of the entity offering training;
(3) possess the physical ability to carry out
				instruction assignments; and
(4)
				complete the following courses of study:
(i)
				Firefighting Essentials; or 39 hrs.
(ii) Basic Firefighter; and 42 hrs.
Initial Fire Attack; or 18 hrs.
(iii) Intermediate Firefighter; and 36 hrs.
Pump Operator or Ladder Company Operations; and 18
				  hrs.
Preparing for Command; and 24 hrs.
Educational Methodology 1; or 40 hrs.
(iv) Fire Service Instructor 1; or 48
				hrs.
(v) Training Officer Workshop
				levels I and II; or 24 hrs.
(vi)
				Fire Service Instructor II 40 hrs.
(5) complete in lieu of the knowledge/skill
				criteria prescribed in paragraph (4) of this subdivision, equivalent topics
				completed while attending the New York State Field Delivery Courses,
				Firefighting Essentials; Initial Fire Attack; Pump Operator Course or Ladder
				Company Operations; Preparing for Command; Educational Methodology; or Training
				Officer Workshop level I and II;
(6) complete in lieu of the knowledge/skill
				criteria prescribed in paragraph (4) of this subdivision, equivalent topics
				while attending federally-sponsored courses or recognized college level
				courses, provided such equivalency shall be deemed acceptable by the State Fire
				Administrator when submitted with adequate documentation regarding course
				criteria and attendance.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 426 - Minimum Standards For Firefighting Personnel In The State Of New York › Section 426.5 - Basic training, time completion requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Temporary, probationary and nonpermanent firefighters
				  scheduled to be on duty an average of more than 20 hours per week shall
				  successfully complete a certified basic training program within 18 months of
				  initial appointment. Temporary, probationary and nonpermanent firefighters
				  scheduled to be on duty an average of between 10 and 20 hours per week shall
				  successfully complete a certified basic training program within 24 months of
				  initial appointment. Temporary, probationary and nonpermanent firefighters
				  scheduled to be on duty an average of less than 10 hours per week shall
				  successfully complete a certified basic training program within 36 months of
				  initial appointment. Training may be suspended during periods of nonservice,
				  but all periods of service shall be counted toward the fulfillment of the
				  applicable requirement.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 426 - Minimum Standards For Firefighting Personnel In The State Of New York › Section 426.9 - Promotional/supervisory qualifications and training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Fire officers successfully completing
				training and education courses of minimum subject and contact hour criteria
				approved by the State Fire Administrator may acquire certification in one of
				five fire officer supervisory categories.
(b) To receive Supervisory Level I
				(lieutenant level responsibilities) certification, a person shall have:
(1) been designated by the employing agency
				to fulfill responsibilities of Level I Supervisory classification;
(2) completed minimum qualifications for
				Instructor Level I under section
				426.4 of this Part; and
(3) successfully completed the following
				courses of study:
(i)
Fire Behavior and Arson Awareness Scope of
						  the arson problem, and Normal fire behavior and observational skills, and Fire
						  investigation and the firefighter, and Detection and preservation of evidence,
						  or
(12 hrs)
Basic Firefighter
42 (hrs)
(ii)
Fire Cause and Origin Determination or
						  Principles of Fire Investigation Fire chemistry and behavior Building
						  construction Point of origin determination Determining fire causes Motives for
						  incendiarism Vehicle fires Legal aspects of fire investigation Fatal fires Fire
						  scene documentation Fire investigation resources Evidence collection and
						  preservation Practical exercise and successfully complete a test
(24
						  hrs)
(iii)
Hazardous Materials First Responder
						  Operations Detect the presence of a hazardous material, and Survey a hazardous
						  materials incident, and Describe procedures for collecting information, and
						  Describe protective actions, and Identify procedures to initiate a response,
						  and Survey to detect presence of hazardous materials, and Identify cargo tanks,
						  and Describe how to use product information, and Describe how to contact
						  CHEMTREC, and Describe harm from a hazardous material, and Determine
						  appropriate tactical objectives at the first responder operations level, and
						  Describe appropriate scene control measures, and Describe procedures to
						  implement Incident Command System, and Identify appropriate personal protective
						  equipment, and Describe defensive operations and the use of foam, and Describe
						  offensive operations for product control, and Successfully complete a test on
						  the knowledge, skills or abilities covered in subparagraph (iii) of this
						  paragraph, or Minimum Basic Firefighter certification as specified under the
						  provisions of section
						  426.6 of this Part.
(16
						  hrs)
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 426 - Minimum Standards For Firefighting Personnel In The State Of New York › Section 426.10 - Exemptions; revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Exemptions from specific provisions of this Part may be granted the training
				programs of the fire department of any county, city, town, fire district, or
				county fire training entity, which, in the opinion of the firefighting
				personnel standards and education commission, are equal to or exceed the
				provisions required in this Part.
(b) Revocation in whole or in part of
				exemptions granted for a firefighter training program of the fire department of
				any county, city, town, fire district, or county fire training entity shall be
				made, if, in the opinion of the firefighting personnel standards and education
				commission, said fire training program is below the provisions outlined in this
				Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 427 - Minimum Standards For Firefighting Personnel In The State Of New York-administrative Procedures › Section 427.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes procedures to administer the minimum
				  standards for firefighting personnel in the State of New York as established by
				  Part 426 of this Chapter.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 427 - Minimum Standards For Firefighting Personnel In The State Of New York-administrative Procedures › Section 427.3 - Facilities and equipment required for fire training programs

Current through Register Vol. 46, No. 28, July 10, 2024
Onsite review of facilities and equipment may be conducted by
				  the State Fire Administrator or his representative.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 427 - Minimum Standards For Firefighting Personnel In The State Of New York-administrative Procedures › Section 427.4 - Procedures for instructor certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certification of instructors in standard
				and special categories shall be obtained in accordance with subdivisions (b)
				and (c) of this section, respectively.
(b) An application for standard
				certification, by or in behalf of an instructor, shall be submitted to the
				State Fire Administrator. Such application shall be in writing and shall
				contain the name of the applicant and such additional information as will
				attest that he has met the requirements of section
				426.4 of this Chapter.
(c) An application for special certification
				shall be submitted in behalf of an instructor by the chief fire official of a
				municipality or his designee. Such application shall be made in writing to the
				State Fire Administrator and shall contain the name of the nominee, the
				proposed subject of special certification, and a description of the special
				skills, knowledge or abilities which qualify him to teach the designated
				subject.
(d) The chief fire
				official shall designate a municipal training officer. Such municipal training
				officer shall:
(1) be a standard certified
				instructor, level II;
(2) direct
				the fire training programs of the municipality;
(3) assure that the fire training programs
				under his direction conform to the requirements of this Part and Part 426 of
				this Chapter; and
(4) attest to a
				student's completion of the respective fire training program.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 427 - Minimum Standards For Firefighting Personnel In The State Of New York-administrative Procedures › Section 427.5 - Basic training time completion requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The 18-month period established by section
				  426.5 of this Chapter is the
				  permitted maximum. Within a given municipality, actual time for completion may
				  be further limited.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 427 - Minimum Standards For Firefighting Personnel In The State Of New York-administrative Procedures › Section 427.6 - Procedures for basic fire training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon initial appointment of a
				probationary or nonpermanent firefighter, the municipal training officer shall
				file with the State Fire Administrator a completed student enrollment card,
				prescribed by the State Fire Administrator, for each appointee.
(b) Completion of the minimum basic fire
				training program must be verified on the probationary firefighter training
				record prescribed by the State Fire Administrator. A completed copy thereof
				must be filed with the State Fire Administrator prior to a student's permanent
				appointment as a firefighter. As individual training items are completed by a
				student they shall be verified on the training record by the standard or
				special certified instructor who taught or supervised that item. Completion of
				the entire program shall be verified by the municipal training officer or chief
				fire official.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 427 - Minimum Standards For Firefighting Personnel In The State Of New York-administrative Procedures › Section 427.7 - Procedures for in-service fire training

Current through Register Vol. 46, No. 28, July 10, 2024
Completion of in-service fire training by permanently
				  appointed firefighters below company officer grade shall be reported in writing
				  annually to the State Fire Administrator at the end of the municipal training
				  period. After receipt of such report and having determined that the
				  requirements for in-service training have been satisfied, the State Fire
				  Administrator shall send certificates of completion to the chief fire official
				  for his signature and distribution. Fire chiefs and training officers, when
				  filing annual student training records, shall indicate the appropriate reason
				  that an individual member is exempted from in-service training requirements as
				  provided in section
				  426.7(b) of this
				  Title.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 427 - Minimum Standards For Firefighting Personnel In The State Of New York-administrative Procedures › Section 427.8 - Procedures for advanced in-service fire training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Firefighting personnel demonstrating
				minimum technical expertise in specialized knowledge/skills areas established
				by this section may acquire certification in such advanced specialty. Personnel
				engaged in similar technical activities, but representing nonfire-related
				fields of endeavor may receive and continue to maintain specific certification
				when, in the judgment of the State Fire Administrator, their experience and
				training meets or exceeds the requirements of these standards.
(b) To receive Fire Investigator I
				certification, a person shall:
(1) complete
				an application for certification; and
(2) document that the criteria for
				certification as set forth in this Title have been met.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 427 - Minimum Standards For Firefighting Personnel In The State Of New York-administrative Procedures › Section 427.9 - Promotional/supervisory qualifications and training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Fire Officers successfully completing
				training and education courses of minimum subject and contact hour criteria
				approved by the State Fire Administrator may acquire certification in one of
				five officer supervisory categories:
(b) To receive Level I (Lieutenant-level
				responsibilities) certification, a person shall:
(1) complete an application for
				certification; and
(2) document
				that the criteria for certification as set forth in this Title have been
				met.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 427 - Minimum Standards For Firefighting Personnel In The State Of New York-administrative Procedures › Section 427.10 - Exemption and revocation procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests for exemption from specific
				provisions of Part 426 of this Chapter should be addressed to the Fire Fighting
				and Code Enforcement Personnel Standards and Education Commission setting out
				with particularity those provisions from which exemption is sought and the
				reasons therefor, and shall include, where appropriate, textual and related
				materials to permit the commission to determine that the training program
				equals or exceeds the requirements of Part 426 of this Chapter.
(b) Revocation of exemptions or
				certification, in whole or in part, shall be made after a determination by the
				Fire Fighting and Code Enforcement Personnel Standards and Education Commission
				that the fire training program in question is below the standards of Part 426
				of this Chapter.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 428 - Reporting Of The Presence Of Hazardous Materials › Section 428.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
General Municipal Law, section 209-u requires the reporting
				  of the presence of hazardous materials in order to secure the health, safety,
				  and welfare of the public, to protect those called upon to respond to an
				  emergency, to encourage preparedness to meet any danger, and to promote
				  planning for future demands for emergency services. This Part establishes the
				  procedures through which insureds or policyholders as defined in the General
				  Municipal Law, section 209-u (2)(a) and (3) shall regularly inform local fire
				  departments of the presence of hazardous materials within the areas to which
				  the departments provide protection. It prescribes the dates and manner in which
				  notification of the presence of hazardous materials is to be filed, and the
				  manner in which exemption procedures are to be followed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 428 - Reporting Of The Presence Of Hazardous Materials › Section 428.2 - Reportable materials

Current through Register Vol. 46, No. 28, July 10, 2024
An insured shall report those materials required to bear a
				  label under regulations of the United States Department of Transportation (49
				  Code of Federal Regulations, parts 171 et seq.) in the quantities and amounts
				  set out in the following table:
(a)
				Amounts to be reported:
(1) Explosives and
				blasting agents - any amount.
(2)
				Poison gas - any amount.
(3) Poison
				and irritant - any amount.
(4)
				Flammable liquid - over 5 gallons inside a building and over 10 gallons outside
				a building.
(5) Flammable solid -
				any amount
(6) Flammable gas - over
				2,000 cubic feet at standard temperature and pressure.
(7) Nonflammable gas - over 6,000 cubic feet
				at standard temperature and pressure.
(8) Oxidizer - over 50 pounds.
(9) Organic peroxide - over 10
				pounds.
(10) Combustible liquid -
				over 25 gallons inside a building and over 60 gallons outside a
				building.
(11) Radioactive material
				- any amount.
(12) Corrosive
				material - over 55 gallons.
(13)
				Dangerous when wet material - any amount.
(14) Etiologic material - any
				amount.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 428 - Reporting Of The Presence Of Hazardous Materials › Section 428.3 - Filing dates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reports.
				The completed form for the reporting of hazardous materials shall be filed
				annually with the chief of the appropriate fire department, fire corporation,
				or fire company having responsibility for fire protection of each location at
				which any such hazardous material may be found, and for which coverage is
				provided under a fire policy or any other policy which provides coverage for
				the peril of fire. Except as otherwise provided by this Part only one report,
				notwithstanding the number of policies involved, shall be filed not more than
				30 days prior to nor later than the anniversary date of the insured's policy
				reported on the form. The anniversary date of a policy written for more than
				one year shall be considered as if written for successive policy periods or
				terms of one year.
(b) Requests for
				exemption. Requests for exemption shall be in writing and shall be filed
				annually with the fire chief described in subdivision (a) of this section not
				more than 30 days before nor later than the anniversary date of the insured's
				fire insurance policy. Said chief may grant an extension of this deadline of up
				to 30 days to avoid undue hardship to the insured. All exemptions granted shall
				be in writing upon the report form, subscribed to by said chief, and shall
				expire one year from the date thereon. If an exemption has not been granted
				within 30 days of the filing of the request for exemption, the request shall be
				deemed denied. Upon notice that a request for exemption has been denied, or if
				30 days have passed since the filing of a request for exemption and such
				exemption has not been granted, the insured shall file a completed report
				within the time prescribed in subdivision (a) of this section or within 15
				days, whichever is later.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 428 - Reporting Of The Presence Of Hazardous Materials › Section 428.4 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Exemption by
				reason of inspection. The appropriate fire chief may grant an exemption by
				reason of inspection when an insured, within the period prescribed by section
				428.3(b),
				requests in writing that said chief or his representative make an inspection of
				the insured's place of business. Such exemption may be made contingent upon an
				inspection occurring and a favorable report being rendered within 30 days of
				the granting of the contingent exemption. Unless the chief and the insured have
				mutually agreed to an extension of the time in which to conduct the inspection,
				the failure to conduct the inspection and issue the report within the 30 days
				shall cause the contingent exemption to abate, and the insured shall then file
				a completed report within 15 days.
(b) General exemption. The appropriate fire
				chief may grant a general exemption where he is satisfied, based upon
				observation and experience, that the firefighting capability of the insured is
				sufficient to defend against an emergency involving reportable
				materials.
(c) Exemptions based
				upon the need for confidentiality. The appropriate fire chief may grant any
				exemption based upon the need for confidentiality from the reporting of
				specific hazardous materials. This claim may only be asserted by an insured
				when the inclusion of the identity of a particular reportable material would
				reveal a trade secret fact related to that material. At the time of filing for
				an exemption based upon the need for confidentiality, the insured shall attest
				in writing to the truth of the following four statements:
(1) the insured has taken measures to protect
				the confidentiality of the information, and intends to continue to take such
				measures;
(2) the information is
				not, and has not been, reasonably available without the insured's
				consent;
(3) the information is not
				publicly available elsewhere; and
(4) disclosure of the information would cause
				substantial harm to the insured's competitive position.
In addition, the insured shall then attest, in writing, to
				  the truth of one or more of the following statements:
(5) the fact that the insured manufactures
				the hazardous material at the reporting location is a trade secret;
(6) the fact that the insured imports the
				hazardous material is a trade secret;
(7) the amount of the substance which may be
				present is a trade secret;
(8) the
				link of the substance to the insured is a trade secret; and/or
(9) the link of the hazardous material to the
				reporting location is a trade secret.
If a claim of confidentiality is made for a specific
				  hazardous material, the term "confidential" must be entered on the form under
				  the class or classes within which the specific hazardous material falls.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 428 - Reporting Of The Presence Of Hazardous Materials › Section 428.5 - Obtaining forms

Current through Register Vol. 46, No. 28, July 10, 2024
Insurers may obtain report forms by sending their requests
				  for forms to the Office of Fire Prevention and Control, New York State
				  Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 500,
				  Albany, NY 12231-0001. Insurers are advised that to the extent feasible and
				  subject to any rules of the insurance commissioner, such forms should be sent
				  to insured together with the annual renewal or billing. Insureds requiring
				  additional forms should contact their insurers or the Office of Fire Prevention
				  and Control.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 429 - Fire Safety Standards For Cigarettes › Section 429.1 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On and
				after June 28, 2004, no cigarettes subject to the provisions of section 156-c 
				of the Executive Law shall be sold or offered for sale in this State unless:
(1) such cigarettes have been tested in
				accordance with the test method prescribed in section
				429.3 of this Part;
(2) such cigarettes meet the performance
				standard specified in section
				429.4 of this Part; and
(3) a written certification has been filed by
				the manufacturer with the Department of State, Office of Fire Prevention and
				Control, One Commerce Plaza, 99 Washington Avenue, Suite 500, Albany, NY
				12231-0001, in accordance with section
				429.6 of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 429 - Fire Safety Standards For Cigarettes › Section 429.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) Agent shall have the same meaning as
				section 470 (11)  of the Tax Law.
(b)
				Cigarette shall mean any roll for smoking whether made wholly or in part of
				tobacco or any other substance, irrespective of size or shape and whether or
				not such tobacco or substance is flavored, adulterated or mixed with any other
				ingredient, the wrapper or cover of which is made of paper or any other
				substance or material except tobacco.
(c) Manufacturer shall mean:
(1) any entity which manufactures or
				otherwise produces cigarettes or causes cigarettes to be manufactured or
				produced anywhere that such manufacturer intends to be sold in New York State,
				including cigarettes intended to be sold in the United States through an
				importer; or
(2) the first
				purchaser anywhere that intends to resell in the United States cigarettes
				manufactured anywhere that the original manufacturer or maker does not intend
				to be sold in the United States; or
(3) any entity which becomes a successor of
				an entity described in paragraph (1) or (2) of this subdivision.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 429 - Fire Safety Standards For Cigarettes › Section 429.3 - Test method

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Testing of
				cigarettes shall be conducted in accordance with the American Society of
				Testing and Materials ("ASTM") standard E2187-02b "Standard Test Method for
				Measuring the Ignition Strength of Cigarettes," subject to the modifications
				stated in Appendix A to this Part. This standard may be obtained from the
				publisher at ASTM International, 100 Barr Harbor Drive, P.O. Box C700, W.
				Conshohocken, PA 19428-2959. This material is available for public inspection
				and distribution at the Department of State, Office of Fire Prevention and
				Control, 41 State Street, Albany, NY 12231-0001.
(b) Testing shall be conducted on 10 layers
				of filter paper.
(c) Forty
				replicate tests shall comprise a complete test trial for each cigarette
				tested.
(d) The performance
				standard required by section
				429.4 of this Part shall only be
				applied to a complete test trial.
(e) Laboratories conducting testing in
				accordance with this section shall implement a quality control and quality
				assurance program that includes a procedure that will determine the
				repeatability of the testing results. The repeatability value shall be no
				greater than 0.19 pursuant to section
				429.4 of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 429 - Fire Safety Standards For Cigarettes › Section 429.4 - Performance standard

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
				tested in accordance with section
				429.3 of this Part, no more than
				25 percent of the cigarettes tested in a test trial shall exhibit full length
				burns.
(b) Each cigarette listed in
				a certification submitted pursuant to section
				429.6 of this Part that uses
				lowered permeability bands in the cigarette paper to achieve compliance with
				the performance standard set forth in subdivision (a) of this section shall
				have at least two nominally identical bands on the paper surrounding the
				tobacco column. At least one complete band shall be located at least 15
				millimeters from the lighting end of the cigarette. For cigarettes on which the
				bands are positioned by design, there shall be at least two bands fully located
				at least 15 millimeters from the lighting end and 10 millimeters from the
				filter end of the tobacco column (or 10 millimeters from the labeled end of the
				tobacco column for a non-filtered cigarette).
(c) The manufacturer or manufacturers of a
				cigarette that the Office of Fire Prevention and Control determines cannot be
				tested in accordance with the test method prescribed in section
				429.3 of this Part shall propose a
				test method and performance standard for such cigarette to the Office of Fire
				Prevention and Control. Upon approval of the proposed test method and a
				determination by the Office of Fire Prevention and Control that the performance
				standard proposed by the manufacturer or manufacturers is equivalent to the
				performance standard prescribed in section
				429.4 of this Part, the
				manufacturer or manufacturers may employ such test method and performance
				standard to certify such cigarette pursuant to section
				429.6 of this Part. All other
				applicable requirements of this Part shall apply to such manufacturer or
				manufacturers.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 429 - Fire Safety Standards For Cigarettes › Section 429.5 - Test data

Current through Register Vol. 46, No. 28, July 10, 2024
In order to ensure compliance with the performance standard
				  specified in section
				  429.4 of this Part, data from
				  testing conducted by manufacturers to comply with this performance standard
				  shall be kept on file by such manufacturers for a period of three years and
				  shall be sent to the Office of Fire Prevention and Control upon its request,
				  and to the Office of the Attorney General upon its request, at the addresses
				  specified in section
				  429.1(a)(3) of
				  this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 429 - Fire Safety Standards For Cigarettes › Section 429.6 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				manufacturer shall submit a written certification attesting that:
(1) each cigarette listed in the
				certification has been tested in accordance with section
				429.3 of this Part; and
(2) each cigarette listed in the
				certification meets the performance standard set forth in section
				429.4 of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 429 - Fire Safety Standards For Cigarettes › Section 429.7 - Notification of certification

Current through Register Vol. 46, No. 28, July 10, 2024
Manufacturers certifying cigarettes in accordance with
				  section 429.6 of this Part shall provide a
				  copy of such certifications to all wholesale dealers and agents to which they
				  sell cigarettes, and shall also provide sufficient copies of an illustration of
				  the cigarette packaging marking utilized by the manufacturer pursuant to
				  section 429.8 of this Part for each
				  retailer to which the wholesale dealers and agents sell cigarettes. Wholesale
				  dealers and agents shall provide a copy of these cigarette packaging markings
				  received from manufacturers to all retail dealers to which they sell
				  cigarettes. Wholesale dealers, agents, and retail dealers shall permit the
				  Office and Fire Prevention and Control to inspect markings of cigarette
				  packaging marked in accordance with section
				  429.8 of this
				  Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 429 - Fire Safety Standards For Cigarettes › Section 429.8 - Marking of cigarette packaging

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cigarettes which have been certified by a
				manufacturer in accordance with section
				429.6 of this Part shall be marked
				to indicate compliance with the requirements of this Part. Such marking shall
				be in eight point type or larger and consist of:
(1) modification of the product UPC code to
				include a visible mark printed at or around the area of the UPC code. Such mark
				may consist of alphanumeric or symbolic character(s) permanently stamped,
				engraved, embossed or printed in conjunction with the UPC; or
(2) any visible combination of alphanumeric
				or symbolic character(s) permanently stamped, engraved, or embossed upon the
				cigarette package or cellophane wrap; or
(3) printed, stamped, engraved or embossed
				text that indicates that the cigarettes meet New York standards.