reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 184 - Vocational Education › Section 184.8 - Sales tax compliance

Current through Register Vol. 46, No. 28, July 10, 2024
Each facility director shall be responsible for collecting
				  sales tax related to a vocational or vocational products and projects and for
				  the following requirements:
(a) A
				certificate of registration must be filed with the State Sales Tax
				Commission.
(b) Records of each
				sale, including amounts paid, charged or due thereon shall be maintained and
				available for audit by the Department of Taxation and Finance.
(c) Quarterly reports and any taxes collected
				during such quarter shall be submitted to the Department of Taxation and
				Finance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 205 - Fire Mobilization And Mutual Aid Plan › Section 205.1 - Definition of mutual aid

Current through Register Vol. 46, No. 28, July 10, 2024
Organized, supervised, coordinated, cooperative, reciprocal
					 assistance in which personnel, equipment and physical facilities of fire
					 departments, regardless of type or size, are utilized for fire or other public
					 emergency in which the services of firemen would be used throughout the State
					 of New York and contiguous areas.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 205 - Fire Mobilization And Mutual Aid Plan › Section 205.2 - Purposes

Current through Register Vol. 46, No. 28, July 10, 2024
The New York State fire mobilization and mutual aid plan is
					 hereby established to provide for the mobilization of manpower and equipment of
					 fire departments:
(a) whenever the
				  Governor shall determine that the public interest so requires;
(b) whenever a municipality shall determine
				  that assistance is required;
(c)
				  whenever a county fire coordinator shall determine that assistance in addition
				  to that established under his county fire mutual aid plan is
				  required.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 205 - Fire Mobilization And Mutual Aid Plan › Section 205.3 - Organization of the division of safety for activation of the state fire mobilization and mutual aid plan

Current through Register Vol. 46, No. 28, July 10, 2024
The organization of the Division of Safety for activation
					 of the plan is depicted on the diagram on the following page.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 205 - Fire Mobilization And Mutual Aid Plan › Section 205.4 - Composition of the state fire mobilization and mutual aid plan

Current through Register Vol. 46, No. 28, July 10, 2024
The plan is an aggregation of county fire mutual aid plans
					 when admitted by the bureau of fire mobilization and control.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 205 - Fire Mobilization And Mutual Aid Plan › Section 205.5 - Procedure for admission of county fire mutual aid plans in the state fire mobilization and mutual aid plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  county fire mutual aid plan upon adoption by the county board of supervisors
				  may be admitted into the State fire mobilization and mutual aid plan provided
				  it meets minimum standards as established and published by the bureau of fire
				  mobilization and control.
(b) Upon
				  adoption of such county fire mutual aid plan by the county board of supervisors
				  and admission into the State fire mobilization and mutual aid plan, certified
				  copies of the plan are deposited with these agencies as a permanent file:
(1) Bureau of fire mobilization and control
				  of the State Division of Safety.
(2) County board of supervisors.
(3) County fire advisory board.
(4) County fire control center.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 205 - Fire Mobilization And Mutual Aid Plan › Section 205.6 - Authority of the state division of safety

Current through Register Vol. 46, No. 28, July 10, 2024
Authorized representatives of the Division of Safety and
					 its bureau of fire mobilization and control have these powers, functions and
					 duties:
(a) direct the dispatch of
				  manpower and equipment of fire departments consistent with maintenance of local
				  fire protection;
(b) coordinate the
				  response and assignment of manpower and equipment under direction of the fire
				  chief in command.
Image
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 205 - Fire Mobilization And Mutual Aid Plan › Section 205.7 - Identification of a fire mobilization and mutual aid zone

Current through Register Vol. 46, No. 28, July 10, 2024
A "zone" as used in the statutes is a "county" as
					 determined by the State Constitution. Those counties comprising the City of New
					 York are constituted as a single zone.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 205 - Fire Mobilization And Mutual Aid Plan › Section 205.8 - Regional fire administrators and their duties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A regional fire administrator shall be
				  appointed for each fire mobilization and mutual aid zone. It shall be the
				  policy, where practicable, to appoint as regional fire administrator the person
				  holding the county office of county fire coordinator, except in the case of
				  counties comprising the City of New York where it shall be the person holding
				  the office of chief of department of the fire department of the City of New
				  York.
(b) The regional fire
				  administrator, for practical purposes, assumes the position of county fire
				  coordinator upon the activation of the State fire mobilization and mutual aid
				  plan. He is empowered to:
(1) dispatch
				  manpower and equipment of fire departments consistent with maintenance of local
				  fire protection;
(2) coordinate the
				  response and assignment of manpower and equipment, such manpower and equipment
				  being under the command of the fire chief requesting assistance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 205 - Fire Mobilization And Mutual Aid Plan › Section 205.9 - Activation of the state fire mobilization and mutual aid plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The bureau of
				  fire mobilization and control shall establish and publish a list of counties
				  together with the adjacent counties which are required to provide mutual aid
				  consistent with their own fire protection before this plan shall be
				  activated.
(b) When it is
				  determined that the specified adjacent counties have provided the maximum
				  mutual aid and it is deemed inadequate, then this plan may be activated by any
				  one of the following State officers or employees:
(1) State director of safety;
(2) State deputy director of
				  safety;
(3) chief, bureau of fire
				  mobilization and control;
(4)
				  acting chief, bureau of fire mobilization and control;
(5) field representative, bureau of fire
				  mobilization and control.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 205 - Fire Mobilization And Mutual Aid Plan › Section 205.10 - Authority of regional fire administrator

Current through Register Vol. 46, No. 28, July 10, 2024
The authority and responsibility of the regional fire
					 administrator are suspended until the State fire mobilization and mutual aid
					 plan is activated. When this plan is activated, the authority and
					 responsibility of the regional fire administrator are instituted. When this
					 plan is deactivated, the authority and responsibility of the regional fire
					 administrator are suspended.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 205 - Fire Mobilization And Mutual Aid Plan › Section 205.11 - Identification of regional fire administrator

Current through Register Vol. 46, No. 28, July 10, 2024
The bureau of fire mobilization and control shall issue the
					 following appointment certificate and identification card to regional fire
					 administrators:
(a) Appointment
				  certificate.
Image
(b) Identification card.
Image
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 205 - Fire Mobilization And Mutual Aid Plan › Section 205.12 - Standard thread for fire service use in the State of New York

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to the requirement of law in
				  subdivision 4 of section 209-e  of the General Municipal Law, the "American
				  National Standard" thread as hereinafter set out in full, is hereby prescribed
				  as the standard thread for the State.
(b) The thread standards of the State of New
				  York are those of the National Bureau of Standards, U.S. Department of
				  Commerce, Washington, D.C. The standards are the same as those presented by the
				  National Fire Protection Association, the National Board of Fire Underwriters
				  and the American Standards Association.
Click
					 to view image
AMERICAN NATIONAL THREAD (NH)
MAXIMUM (BASIC) NIPPLE DIMENSIONS
Nominal Size of
								  Hose
No. of Threads Per
								  Inch
Pitch
Depth of
								  Thread
Major Diameter
								  "D"
Pitch Diameter
								  "E"
Minor Diameter
								  "K"
Allowance
3/4", 1"
8
.12500
.08119
1.3750
1.2938
1.2126
.0120
1 1/2"
9
.11111
.07217
1.9900
1.9178
1.8457
.0120
2 1/2"
7 1/2
.13333
.08660
3.0686
2.9820
2.8954
.0150
3"
6
.16667
.10825
3.6239
3.5156
3.4073
.0150
3 1/2"
6
.16667
.10825
4.2439
4.1356
4.0273
.0200
4 1/2"
4
.25000
.16238
5.7609
5.5985
5.4361
.0250
AMERICAN NATIONAL THREAD (NH)
MAXIMUM (BASIC) COUPLING DIMENSIONS
Nominal Size of
								  Hose
No. of Threads Per
								  Inch
Pitch
Depth of
								  Thread
Major Diameter
								  "D"
Pitch Diameter
								  "E"
Minor Diameter
								  "K"
Allowance
3/4", 1"
8
.12500
.08119
1.3870
1.3058
1.2246
.......
1 1/2"
9
.11111
.07217
2.0020
1.9298
1.8577
.......
2 1/2"
7 1/2
.13333
.08660
3.0836
2.9970
2.9104
.......
3"
6
.16667
.10825
3.6389
3.5306
3.4223
.......
3 1/2"
6
.16667
.10825
4.2639
4.1556
4.0473
.......
4 1/2"
4
.25000
.16238
5.7859
5.6235
5.4611
.......
Click
					 to view image
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 210 - Volunteer Firefighter Enhanced Cancer Disability Benefits Program › Section 210.1 - Authority, intent and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  Division of Homeland Security and Emergency Services, Office of Fire Prevention
				  and Control has authority to establish rules and regulations related to claims,
				  denials and qualifications for the enhanced cancer disability benefit, pursuant
				  to General Municipal Law Section 205-c c.
(b) The intent and purpose of the regulations
				  are to establish processes by which an active volunteer firefighter or his or
				  her beneficiaries can establish qualification for benefits, file a claim for
				  benefits or appeal from a denial of benefits.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 210 - Volunteer Firefighter Enhanced Cancer Disability Benefits Program › Section 210.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) "Authority Having Jurisdiction" shall
				  mean the governmental body which possesses the legal responsibility for
				  providing fire protection as follows:
(1) For
				  a fire district and joint fire district it shall mean the board of fire
				  commissioners.
(2) For a village it
				  shall mean the village board of trustees.
(3) For a fire protection district, it shall
				  mean the town board that contracts to provide fire protection.
(4) For a city it shall mean the governing
				  body vested with such power.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 210 - Volunteer Firefighter Enhanced Cancer Disability Benefits Program › Section 210.3 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A volunteer
				  firefighter must meet the following criteria to be eligible for enhanced cancer
				  disability benefits:
(1) Five or more years
				  of faithful and actual firefighting service as an interior
				  firefighter;
(2) Has submitted
				  proof of five years of interior structural firefighting service by providing
				  verification that he or she has passed at least five annual fit
				  tests;
(3) Successful completion of
				  a physical examination prior to the commencement of duties as an interior
				  firefighter, which failed to reveal evidence of cancer; and
(4) Diagnosis of cancer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 210 - Volunteer Firefighter Enhanced Cancer Disability Benefits Program › Section 210.4 - Documentation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Fire districts,
				  departments and companies shall provide information on the enhanced cancer
				  disability benefit to all its members and make available such information upon
				  request.
(b) Upon request, the fire
				  district, department or company shall provide a claim form and instructions to
				  its member or their beneficiary(ies) detailing how to file a claim for enhanced
				  cancer benefits with the benefits provider.
(c) As part of any claim submitted and filed
				  with the benefit provider, fire districts, departments and companies shall
				  provide a certification of eligibility for enhanced cancer disability benefits
				  using a form prescribed by the office of fire prevention and control. This form
				  must be signed by the head of the department or company, sworn to under penalty
				  of perjury as true, correct and complete, notarized and contain, at a minimum,
				  the following information:
(1) The full legal
				  name of the eligible volunteer firefighter;
(2) The full legal name of the fire district,
				  department or company;
(3) The
				  dates the eligible volunteer firefighter was an active volunteer firefighter of
				  the fire district, department or company;
(4) The number of years of firefighting
				  service as an interior firefighter;
(5) A statement that the eligible volunteer
				  firefighter performed interior structural firefighting duties inside a
				  building; and
(6) A statement that
				  the eligible volunteer firefighter successfully completed a physical
				  examination, prior to the commencement of duties as an interior firefighter,
				  which failed to reveal any evidence of cancer;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 210 - Volunteer Firefighter Enhanced Cancer Disability Benefits Program › Section 210.5 - Proof of Benefit Coverage

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A fire
				  district, department or company must submit to the Office of Fire Prevention
				  and Control by January 1, 2019 and annually thereafter an attestation that the
				  fire district, department or company will provide the enhanced cancer
				  disability benefit by:
(1) carrying an
				  insurance policy issued by an insurance company authorized to engage in the
				  business of insurance in this State sufficient to cover its eligible volunteer
				  firefighters and provide a death benefit to their beneficiaries; or
(2) proof that the authority having
				  jurisdiction:
(i) possesses taxing authority;
(ii) has agreed in writing to fund
				  any and all claims of eligible volunteer firefighters and their beneficiaries
				  through existing and future revenues.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 210 - Volunteer Firefighter Enhanced Cancer Disability Benefits Program › Section 210.6 - Claims Process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) An eligible volunteer firefighter or
				  their beneficiary(ies) shall file a claim with the benefit provider within 120
				  days after the diagnosis of a covered cancer, the death of the eligible
				  volunteer firefighter, or commencement of a covered total disability. Failure
				  to file a claim within such time shall not invalidate or reduce any claim if it
				  shall be shown not to have been reasonably possible to file such claim and that
				  a claim was filed as soon as reasonably possible. A claim shall be filed by
				  submitting a claim form(s) as may be required by the benefit provider to the
				  benefit provider. The claim form must be signed by the eligible volunteer
				  firefighter or their beneficiary(ies) and sworn to under penalty of perjury as
				  true, correct and complete.
(2) The
				  benefit provider shall have the right and opportunity to examine the person of
				  the eligible volunteer firefighter when and as often as the benefit provider
				  may reasonably require during the pendency of claim and also the right and
				  opportunity to make an autopsy in case of death where it is not prohibited by
				  law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 210 - Volunteer Firefighter Enhanced Cancer Disability Benefits Program › Section 210.7 - Denial of Benefits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
				  benefit provider is an insurance company, then the claimant shall appeal the
				  denial to the insurance company. If the insurance company denies the claimant's
				  appeal, then a claimant may bring an action at law or in equity to recover on
				  the insurance policy. However, a claimant shall not bring an action at law or
				  in equity to recover on the insurance policy prior to the expiration of sixty
				  (60) days after the claim was filed pursuant to section
				  210.6 of this Part and a claimant
				  shall not bring such an action after the expiration of two (2) years following
				  the time the claimant was required to file the claim pursuant to section
				  210.6(a)(1) of
				  this Part.
(b) Except where the
				  benefit provider is an insurance company, as provided in subdivision (1) of
				  this section, any denial of benefit of Enhanced Cancer Disability Benefits
				  shall be considered a final and binding agency determination within the meaning
				  of the New York State Civil Practice Law and Rules.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 210 - Volunteer Firefighter Enhanced Cancer Disability Benefits Program › Section 210.8 - Annual Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Annual
				  Claims Report. The fire district, department or company shall report to the
				  office of fire prevention and control, no later than December 1, 2019 and
				  annually thereafter, on the claims and benefits payments for the reporting year
				  using forms prescribed by the office for fire prevention and control.
(1) This report must be signed by the head of
				  the department or company, sworn to under penalty of perjury as true, correct
				  and complete and shall be notarized.
(2) The office of fire prevention and control
				  shall develop an annual claims report form to be maintained on its website,
				  containing at a minimum the following information:
i. Number of claims in the reporting
				  year;
ii. The types of claims in
				  the reporting year;
iii. The types
				  of cancer claims in the reporting year; and
iv. The number of eligible volunteer
				  firefighters who received enhanced cancer disability benefits in the reporting
				  year.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 215 - Training stipends for volunteer firefighters › Section 215.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part provides for the implementation of payment of a
					 training stipend to volunteer firefighters for the completion of certain
					 training. The Office of Fire Prevention and Control is authorized to administer
					 and award training stipends to volunteer firefighters for completion of certain
					 firefighter training, subject to available state funding. In addition,
					 volunteer fire departments are authorized to pay volunteer firefighters a
					 training stipend, subject to available local funding, for the completion of
					 certain courses, identified by the Office of Fire Prevention and
					 Control.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 215 - Training stipends for volunteer firefighters › Section 215.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) Authority having Jurisdiction shall mean
				  the governmental body which possesses the legal responsibility for providing
				  fire protection as follows:
(1) for a fire
				  district and joint fire district it shall mean the board of fire
				  commissioners;
(2) for a village it
				  shall mean the village board of trustees;
(3) for a fire protection district, it shall
				  mean the town board that contracts to provide fire protection; and
(4) for a city it shall mean the governing
				  body vested with such power.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 215 - Training stipends for volunteer firefighters › Section 215.3 - State Fire Training Stipends

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Firefighter Eligibility. A State Fire Training Stipend will only be provided to
				  a Volunteer Firefighter who is a Member in Good Standing of their Fire
				  Department.
(b) Fire Department
				  Eligibility. Applications for a State Fire Training Stipend will only be
				  accepted from Fire Departments that:
(1)
				  Submitted Fire Department incident data through the Fire Reporting System, as
				  required by General Municipal Law section 204-d, for the prior reporting
				  year.
(2) Submit Fire Department
				  demographics to OFPC annually, using a form published by OFPC, to include the
				  following information:
(i) fire station
				  addresses, including substations;
(ii) number of interior
				  firefighters;
(iii) number of
				  exterior firefighters;
(iv) name
				  and contact information of Fire Chief or equivalent; and
(v) name and contact information of
				  assistant/deputy chiefs or equivalent Fire Chief successor positions.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 215 - Training stipends for volunteer firefighters › Section 215.4 - Local Fire Training Stipends

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  administration of a Local Fire Training Stipend requires authorization by the
				  governing board of a city, town, village, or fire district, by local law,
				  ordinance, or resolution.
(b) The
				  governing board may establish, or require the Fire Department to establish,
				  minimum standards or requirements for eligibility and processing of a Local
				  Fire Training Stipend, consistent with this Part.
(c) A Local Fire Training Stipend may only be
				  provided by a Fire Company to a Volunteer Firefighter who is a Member in Good
				  Standing of their Fire Department.
(d) Stipend Conditions and Requirements.
(1) The Volunteer Firefighter must have
				  received prior authorization from their Fire Department to take the
				  course.
(2) The qualifying course
				  must have been completed on or after August 31, 2023.
(3) Any Volunteer Firefighter that receives a
				  State Fire Training Stipend cannot receive a Local Fire Training Stipend for
				  the same or equivalent course.
(4)
				  Awards of a Local Fire Training Stipend are subject to the availability of
				  locally allocated funds.
(5) The
				  Fire Department must submit fire incident data through the Fire Reporting
				  System, as required by General Municipal Law section 204-d, for the prior
				  reporting year.
(6) The Fire
				  Department must submit Fire Department demographics to OFPC annually, using a
				  form published by OFPC, to include the following information:
(i) fire station addresses, including
				  substations;
(ii) number of
				  interior firefighters;
(iii) number
				  of exterior firefighters;
(iv) name
				  and contact information of Fire Chief or equivalent; and
(v) name and contact information of
				  assistant/deputy chiefs or equivalent Fire Chief successor positions.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 225 - Sparkling Devices › Section 225.3 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  manufacturer, distributor, or wholesaler must pay an annual registration fee of
				  $5,000 to the Office of Fire Prevention and Control.
(b) A specialty retailer must pay an annual
				  registration fee of $2,500 to the Office of Fire Prevention and Control for
				  each location.
(c) A permanent
				  retailer must pay an annual registration fee of $200 to the Office of Fire
				  Prevention and Control for each location.
(d) A temporary seasonal retailer must pay a
				  registration fee of $250 per season to the Office of Fire Prevention and
				  Control for each location.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 225 - Sparkling Devices › Section 225.4 - Certificate of registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon a
				  manufacturer, distributor, wholesaler, specialty retailer, or permanent
				  retailer meeting registration and fee requirements contained in this Part, the
				  Office of Fire Prevention and Control shall issue a certificate of registration
				  valid for one year from the date of issuance.
(b) Upon a temporary seasonal retailer
				  meeting registration and fee requirements contained in this Part, the Office of
				  Fire Prevention and Control shall issue a certificate of registration valid for
				  no more than 30 days before the first day and 30 days after the last day of the
				  applicable season as specified in General Business Law section 392-.j
(c) Every registered manufacturer,
				  distributor, wholesaler, specialty retailer, permanent retailer, and temporary
				  seasonal retailer shall continuously meet the requirements set forth in this
				  Part. Non-compliance with any of the requirements set forth may result in a
				  revocation of the certificate of registration, as determined by the Office of
				  Fire Prevention and Control. Revocation shall remain in effect until the
				  manufacturer, distributor, wholesaler, specialty retailer, permanent retailer,
				  or temporary seasonal retailer provides evidence of compliance acceptable to
				  the Office of Fire Prevention and Control.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 225 - Sparkling Devices › Section 225.5 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  manufacturer, distributor, wholesaler, specialty retailer, permanent retailer
				  and temporary seasonal retailer shall maintain, and make available to the
				  Office of Fire Prevention and Control, accurate records regarding the name and
				  quantity of any sparkling devices produced in, imported to, exported from, or
				  sold in this state.
(b) Every
				  manufacturer, distributor, wholesaler, specialty retailer, permanent retailer
				  and temporary seasonal retailer shall provide the Office of Fire Prevention and
				  Control with access to the building, facility, or retail location to allow for
				  its inspection to assure compliance with the terms of the registration, as
				  required in this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 225 - Sparkling Devices › Section 225.6 - Reporting of incidents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  manufacturer, distributor, wholesaler, specialty retailer, permanent retailer
				  and temporary seasonal retailer shall report to the Office of Fire Prevention
				  and Control basic information relating to all fires or explosions, including
				  any accidental discharge of sparkling devices, that occur on premises. This
				  report shall be submitted within 24 hours of the occurrence or discovery of the
				  fire or explosion. Reports may be submitted via fax or e-mail as instructed on
				  a form prescribed by the Office of Fire Prevention and Control.
(b) Every manufacturer, distributor,
				  wholesaler, specialty retailer, permanent retailer and temporary seasonal
				  retailer shall report to the Office of Fire Prevention and Control a Any fire
				  or explosion that results in injury or death within one hour of its occurrence
				  or as soon as practicable. This initial report shall be made by telephone to
				  Office of Fire Prevention and Control's 24-hour answering point at (518)
				  292-2200 or (518) 474-6746.
(c) The
				  Office of Fire Prevention and Control will provide information regarding
				  incidents to the applicable code enforcement official.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle F - Local Government › Chapter III - Fire Safety › Part 225 - Sparkling Devices › Section 225.7 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Each registered specialty retailer, permanent retailer or
					 temporary seasonal retailer shall prominently post for public view the
					 following documents at each location where such specialty retailer, permanent
					 retailer or temporary seasonal retailer conducts business:
(a) A copy of the Office of Fire Prevention
				  and Control certificate of registration for such location;
(b) The list, as most recently published by
				  the New York State Police, of counties and cities that have opted by local law
				  to legalize the use of sparkling devices;
(c) A copy of the Federal permit, if
				  applicable;
(d) A copy of the
				  insurance certificate; and
(e) A
				  copy of a sparkling device safety pamphlet produced by the Office of Fire
				  Prevention and Control.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 250 - Purchasing Procedures And Purchases From Preferred Sources › Section 250.0 - Operating principles, purpose, intent and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Operating principles. The objective of
				  State procurement is to facilitate each State agency's mission while protecting
				  the interests of the State and its taxpayers and promoting fairness in
				  contracting with the business community. The State's procurement process shall
				  be guided by the following principles:
(1) To
				  promote purchasing from responsive and responsible offerors, including small
				  businesses.
(2) To be based on
				  clearly articulated procedures which require a clear statement of product
				  specifications, requirements or work to be performed; a documentable process
				  for soliciting bids, proposals or other offers; a balanced and fair method,
				  established in advance of the receipt of offers, for evaluating offers and
				  awarding contracts; contract terms and conditions that protect the State's
				  interests and promote fairness in contracting with the business community; and
				  a regular monitoring of vendor performance.
(3) To encourage the investment of the
				  private and not-for-profit sectors in New York State by making reasonable
				  efforts to ensure that offerors are apprised of procurement opportunities by
				  specifying the elements of a responsive bid and disclosing the process for
				  awarding contracts including, if applicable, the relative importance and/or
				  weight of cost and the overall technical criteria for evaluating offers, and by
				  ensuring the procurement is conducted accordingly.
(4) To ensure that contracts are awarded
				  consistent with the best interests of the State.
(5) To ensure that officers and employees of
				  State entities do not benefit financially or otherwise from the award of State
				  contracts.
(6) To ensure regular
				  and critical review of the efficiency, integrity and effectiveness of the
				  overall process.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 250 - Purchasing Procedures And Purchases From Preferred Sources › Section 250.2 - General provisions for purchasing commodities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) State
				  agency procurement practices for commodities shall incorporate the following:
(1) The purchase of commodities by State
				  agencies, including the Office of General Services, shall be conducted in a
				  manner which accords first priority to preferred sources in accordance with the
				  provisions of this Part, second priority to centralized contracts, third
				  priority to agency or multi-agency established contracts and fourth priority to
				  other means of contracting.
(2)
				  Commodities contracts shall be awarded on the basis of lowest price to a
				  responsive and responsible offeror, or, in the case of multiple awards, in
				  accordance with section
				  250.10(c) of this
				  Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 250 - Purchasing Procedures And Purchases From Preferred Sources › Section 250.3 - Investigations

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may make, or cause to be made by a duly
					 authorized representative, any investigation which he or she may deem proper to
					 acquire necessary information from a State agency for the exercise of his
					 powers and duties under this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 250 - Purchasing Procedures And Purchases From Preferred Sources › Section 250.5 - Process for conducting state procurements

Current through Register Vol. 46, No. 28, July 10, 2024
The process for conducting State procurements for services
					 and commodities shall commence by each State agency being responsible for
					 determining the need for a given service or commodity and shall proceed as
					 follows:
(a) For commodities, upon
				  such determination of need, State agencies shall ascertain whether the
				  commodity is available in the form, function and utility consistent with their
				  needs from preferred sources and if so, shall purchase said commodity from a
				  preferred source in accordance with the provisions of this Part.
(1) If not so available, State agencies shall
				  determine whether the commodity is available in the form, function and utility
				  consistent with their needs on a centralized contract and if so, except as
				  provided in section
				  250.2(e) of this
				  Part, shall purchase said commodity using the centralized contract.
(2) If a commodity is not available in the
				  form, function and utility consistent with the needs of the State agency from a
				  preferred source or a centralized contract or as provided for in section
				  250.2(e) of this
				  Part, the State agency may procure the commodity independently or in
				  conjunction with another State agency in accordance with section
				  250.2(g) of this
				  Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 250 - Purchasing Procedures And Purchases From Preferred Sources › Section 250.6 - Discretionary buying thresholds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner may purchase services
				  and commodities in an amount not exceeding $85,000 without a formal competitive
				  process; State agencies may purchase services and commodities in an amount not
				  exceeding $50,000 without a formal competitive process; and with respect to
				  purchases of commodities or services from small business concerns or those
				  certified pursuant to article 15-A of the Executive Law, or that are recycled
				  or remanufactured commodities or technology, in an amount not exceeding
				  $100,000 without a formal competitive process.
(b) Notwithstanding subdivision two of
				  section 112  of the State Finance Law relating to the dollar threshold requiring
				  the State comptroller's approval of contracts, the Commissioner of General
				  Services may make purchases or enter into contracts for the acquisition of
				  commodities and services having a value not exceeding $85,000 without prior
				  approval by any other State officer or agency in accordance with procedures and
				  requirements set forth in this Part.
(c) Notwithstanding the provisions of article
				  4-C of the Economic Development Law, the Commissioner of General Services may
				  make purchases or enter into contracts for the acquisition of commodities and
				  services having a value not exceeding $30,000 without prior approval by any
				  other State officer or agency in accordance with procedures and requirements
				  set forth in this Part and article 11 of the State Finance Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 250 - Purchasing Procedures And Purchases From Preferred Sources › Section 250.7 - Method of procurement

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of sections 250.4 and
					 250.5 of this Part, State agencies
					 shall select among permissible methods of procurement including, but not
					 limited to, an invitation for bid, request for proposals or other means of
					 solicitation pursuant to guidelines issued by the State Procurement Council.
					 Except where otherwise provided by law or this Part, procurements shall be
					 competitive. State agencies shall document the determination of the method of
					 procurement and the basis of award in the procurement record. Where the basis
					 for award is the best value offer, the State agency shall document, in the
					 procurement record and in advance of the receipt of initial offers, the
					 determination of the evaluation criteria, which whenever possible, shall be
					 quantifiable, the process to be used in the determination of best value and the
					 manner in which the evaluation process and selection shall be
					 conducted.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 250 - Purchasing Procedures And Purchases From Preferred Sources › Section 250.8 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
All procurements by State agencies in excess of $15,000
					 shall be advertised in the State's Procurement Opportunities Newsletter in
					 accordance with article 4-C of the Economic Development Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 250 - Purchasing Procedures And Purchases From Preferred Sources › Section 250.11 - Reasonableness of results

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be the responsibility of the head of each State
					 agency to periodically sample the results of the procurement process to test
					 for reasonableness; to ensure that the results withstand public scrutiny and
					 that the quality and the price of the purchase makes sense; and to ensure that
					 purchasing is conducted in a manner consistent with the best interests of the
					 State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 250 - Purchasing Procedures And Purchases From Preferred Sources › Section 250.12 - Purpose of preferred sources

Current through Register Vol. 46, No. 28, July 10, 2024
To advance special social and economic goals, selected
					 providers shall have preferred source status for the purposes of procurement in
					 accordance with the provisions of this Part. Procurement from these providers,
					 except those defined in section
					 250.13(f) of this
					 Part, shall be exempted from the competitive procurement provisions of this
					 Part. Such exemption shall apply to commodities produced, manufactured or
					 assembled, including those repackaged to meet the form, function and utility
					 required by State agencies, in New York State and, where so designated,
					 services provided by those sources in accordance with this
					 Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 250 - Purchasing Procedures And Purchases From Preferred Sources › Section 250.13 - Preferred status

Current through Register Vol. 46, No. 28, July 10, 2024
Preferred status as prescribed in this section shall be
					 accorded to:
(a) commodities produced
				  by the Department of Correctional Services Correctional Industries Program and
				  provided to the State pursuant to subdivision two of section 184  of the
				  Correction Law;
(b) commodities and
				  services produced by any qualified charitable non-profit-making agency for the
				  blind approved for such purposes by the Commissioner of Children and Family
				  Services;
(c) commodities and
				  services produced by any special employment program serving mentally ill
				  persons, which shall not be required to be incorporated and which is operated
				  by facilities within the Office of Mental Health and is approved for such
				  purposes by the Commissioner of Mental Health;
(d) commodities and services produced by any
				  qualified charitable non-profit-making agency for other severely disabled
				  persons approved for such purposes by the Commissioner of Education, or
				  incorporated under the laws of this State and approved for such purposes by the
				  Commissioner of Education;
(e)
				  commodities and services produced by a qualified veterans workshop providing
				  job and employment-skills training to veterans where such a workshop is
				  operated by the United States Department of Veterans Affairs and is
				  manufacturing products or performing services within this State and where such
				  workshop is approved for such purposes by the Commissioner of Education;
				  or
(f) commodities provided by any
				  qualified apparel manufacturer and contractor on the special September 11th
				  bidders registry, as added by section 349  of the Labor Law, approved for such
				  purposes by the Commissioner of Labor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 250 - Purchasing Procedures And Purchases From Preferred Sources › Section 250.16 - Prices charged by the department of correctional services

Current through Register Vol. 46, No. 28, July 10, 2024
The prices to be charged for commodities produced by the
					 Department of Correctional Services Correctional Industries Program shall be
					 established by the Commissioner of Correctional Services in accordance with
					 section 186  of the Correction Law.
(a)
				  The prices established by the Commissioner of Correctional Services shall be
				  based upon costs as determined pursuant to this subdivision, but shall not
				  exceed a reasonable fair market price determined at or within 90 days before
				  the time of sale. Fair market price as used herein means the price at which a
				  vendor of the same or similar product or service who is regularly engaged in
				  the business of selling such product or service offers to sell such product or
				  service under similar terms in the same market. Costs shall be determined in
				  accordance with an agreement between the Commissioner of Correctional Services
				  and the Director of the Budget.
(b)
				  A purchaser of any such product or service may, at any time prior to or within
				  30 days of the time of sale, appeal the purchase price in accordance with
				  section 186  of the Correction Law, on the basis that it unreasonably exceeds
				  fair market price. Such an appeal shall be decided by a majority vote of a
				  three-member price review board consisting of the Director of the Budget, the
				  Commissioner of Correctional Services and the commissioner or their
				  representatives. The decision of the review board shall be final.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 250 - Purchasing Procedures And Purchases From Preferred Sources › Section 250.18 - Partnering with preferred sources

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Partnering with preferred sources. The
				  commissioner of the appropriate appointing agency shall conduct one or more
				  pilot studies whereby a private vendor may be accorded preferred source status
				  for purposes of this Part. The pilot studies shall seek to ascertain the
				  benefits of partnerships between private industry and those entities accorded
				  preferred source status as specified in this Part. Preferred source status
				  under a partnering arrangement may only be accorded when a proposal to a
				  soliciting agency for commodities or services includes a binding agreement
				  which expires prior to June 30, 2005, with one or more of the entities accorded
				  preferred source status under this Part. The binding agreement shall provide
				  that:
(1) the preferred source shall perform
				  the majority of the work necessary to such offering;
(2) the partnering proposal includes bona
				  fide long term employment opportunities for persons who could otherwise be new
				  clients of an entity previously accorded preferred source status herein;
				  and
(3) the partnering proposal
				  offers the solicited services or commodities at a price less than the price
				  that otherwise would be charged by a preferred source.