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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 429.9 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any clause, sentence, paragraph, or section of this Part
				  be adjudged by any court of competent jurisdiction to be invalid, such judgment
				  shall not affect, impair or invalidate the remainder hereof but shall be
				  applied in its operation to the clause, sentence, paragraph, or section hereof
				  directly involved in the controversy in which such judgment shall have been
				  rendered.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 432 - Portable Kerosene Heaters: Approval For Sale › Section 432.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Article 7A of
				the Real Property Law (sections 239 et seq.) concerns the use and sale of
				portable kerosene heaters in New York State. Section 239-b prohibits the use of
				a portable kerosene heater in private dwellings and business, commercial, and
				industrial buildings unless the heater meets the requirements of section
				239-a(7). Section 239-c prohibits the sale of portable kerosene heaters for use
				in such structures unless the heater has been approved by the Secretary of
				State. All unapproved portable kerosene heaters offered for sale must, pursuant
				to section 239-d, carry an identifying label. Section 239-e provides that no
				portable kerosene heater, whether or not approved, may be used in multiple
				dwellings, defined in section 239-a(2) to mean dwellings rented, leased, let,
				or hired out to be occupied as the residence of three or more independent
				families and including dwelling portions of hospitals, nursing homes and other
				institutions.
(b) In determining
				whether to approve a portable kerosene heater for sale, the Secretary must
				consider whether the heater meets the standards set out in Real Property Law
				section 239-a(7). These require that a heater be listed and meet a series of
				technical standards and labeling requirements. Section 239-a(5) requires that,
				to be listed, a portable kerosene heater must have been tested by an
				independent, nationally recognized testing or inspection agency acceptable to
				the Secretary and have been determined by the agency to meet a generally
				accepted standard for such heaters. Having been listed, a portable kerosene
				heater will have met certain of the technical requirements of section 239-a(7).
				Designation of a testing or inspection agency as acceptable to the Secretary is
				the subject of Part 431 of this Chapter.
(c) Section 239-c further provides that the
				Secretary of State may promulgate additional standards required to effectuate
				the purposes of article 7A and may by rule set forth the procedures by which
				portable kerosene heaters will be reviewed for approval. Such standards and
				procedures are the subject of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 432 - Portable Kerosene Heaters: Approval For Sale › Section 432.2 - Procedure for approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before
				a portable kerosene heater may be approved by the Secretary of State for sale
				for use in structures as defined by section 239-a (1)  of the Real Property Law,
				it shall:
(1) be listed, i.e., have been
				tested by an independent, nationally recognized testing or inspection agency
				acceptable to the Secretary and have been determined to meet a generally
				accepted standard for such heaters; and
(2)
(i)
				have a fuel capacity of not more than two gallons;
(ii) emit no more than 0.04 percent carbon
				monoxide in an air-free sample of flue gases at maximum heat output and no more
				than 0.08 percent at low-fire setting;
(iii) have a minimum tipping angle of no more
				than 33 degrees from the vertical with a full fuel reservoir;
(iv) have an automatic shutoff safety device
				or inherent design feature which extinguishes the heating flame upon tipover in
				not more than 10 seconds;
(v)
				include as standard equipment a pump or siphon for refueling;
(vi) be packaged with instruction advising
				the purchaser or proper maintenance and operation; and
(vii) bear labeling, in conspicuous letters,
				cautioning and informing the purchaser as to:
(a) the need for adequate source of
				ventilation when the heater is in operation;
(b) the use of only suitable fuel for the
				heater;
(c) the proper manner of
				refueling;
(d) the proper placement
				and handling of the heater when in operation; and
(e) the proper procedures for lighting, flame
				regulation and extinguishing the heater.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 432 - Portable Kerosene Heaters: Approval For Sale › Section 432.3 - Instructions to distributors and retailers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every manufacturer or private labeler
				shall annually at the commencement of the heating season provide written
				instructions to its distributors and, either directly or through the
				distributors, to ultimate retailers of its portable kerosene heaters in New
				York State, instructing that there be prominently and conspicuously displayed
				at the point of sale a sign advising prospective purchasers;
(1) that sale or use of portable kerosene
				heaters may be locally restricted and of the need to check applicable local
				laws and ordinances; and
(2) that
				State law prohibits the use of any portable kerosene heater in multiple
				dwellings of three or more families.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 432 - Portable Kerosene Heaters: Approval For Sale › Section 432.4 - Unapproved portable kerosene heaters

Current through Register Vol. 46, No. 28, July 10, 2024
All portable kerosene heaters other than those approved
				  pursuant to section
				  432.2 of this Part shall
				  conspicuously and permanently display the statement, "This heater is not
				  approved for residential or commercial use," as required by section 239-d  of
				  the Real Property Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 437 - Training Of First-line Supervisors At The New York City Fire Academy › Section 437.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth the requirements and procedures for the
				  training in fire supervision of first-line supervisors of paid fire departments
				  who are promoted to such position after passing a civil service examination on
				  or after April 1, 1985. All such personnel are required to submit a written
				  application for such training within 30 days after their date of appointment,
				  and to attend and complete such training when offered by the New York City Fire
				  Academy. All such procedures shall be approved by the Department of
				  State.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 437 - Training Of First-line Supervisors At The New York City Fire Academy › Section 437.2 - Effect

Current through Register Vol. 46, No. 28, July 10, 2024
Completion of the training required in this Part will satisfy
				  the course requirements for Supervisory Level I certification by the State Fire
				  Administrator under section
				  426.9 of this
				  Title.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 437 - Training Of First-line Supervisors At The New York City Fire Academy › Section 437.3 - Application procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Candidates are required to submit applications on forms to be
				  provided by the City of New York. Such forms may be obtained in person or by
				  written or telephoned request made to: City of New York Fire Department,
				  Supervisory Training, New York City Fire Academy, Randalls Island, New York, NY
				  10035. Telephone (212) 860-9230.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 437 - Training Of First-line Supervisors At The New York City Fire Academy › Section 437.4 - Class enrollment

Current through Register Vol. 46, No. 28, July 10, 2024
Class enrollment will be allocated and distributed on an
				  equitable basis, taking into account date of application, geographic location
				  of the employing municipality and classroom space available. As soon as
				  possible following receipt of a completed application, the applicant and the
				  employer will be notified of the starting date of the course, enrollment and
				  certification procedures, as well as all other requirements associated with
				  travel, meal and lodging arrangements and expenses.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 437 - Training Of First-line Supervisors At The New York City Fire Academy › Section 437.5 - Program requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The City of New York will provide a four-week training course
				  in fire supervision to each applicant. Such course shall provide, at a minimum,
				  the courses prescribed for Supervisory Level I training as described in section
				  426.9(b)(3) of
				  this Title. A detailed outline of the actual curriculum will be made available
				  to each trainee and his employer prior to commencement of the
				  course.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 437 - Training Of First-line Supervisors At The New York City Fire Academy › Section 437.6 - Accommodations and travel expenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Meals and lodging for all trainees housed
				at the New York City Fire Academy will be provided by the City of New
				York.
(b) The reasonable and
				necessary cost of the travel expenses incurred by trainees will be paid by the
				City of New York, but only if such travel expenses would not otherwise be
				incurred by such trainee in the regular course of his employment.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 437 - Training Of First-line Supervisors At The New York City Fire Academy › Section 437.7 - Cost reimbursement by the State

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. The State, by and through the
				Department of State, will reimburse the City of New York for its actual
				expenses in providing and administering the training required in this Part, up
				to an amount not to exceed the amount appropriated by the Legislature for such
				purposes in the current fiscal year. Such reimbursement shall be administered
				by a cost-reimbursement contract between the department and the City of New
				York. Notwithstanding the amount appropriated as the maximum for any year, but
				excepting amounts reimbursed for accommodations and travel expenses as set
				forth in subdivision (b) of this section, no reimbursement will be made by the
				State to the city in an amount which exceeds the amount actually documented by
				voucher for any particular item of expenditure.
(b) Accommodations and travel expenses. The
				State will reimburse the City of New York in the following amounts for the
				accommodations and travel expenses of trainees documented as enrolled in the
				training course:
(1) $60 per diem for each
				trainee for meals and lodging while in residence at the New York City Fire
				Academy, not to exceed 28 days per trainee;
(2) for each trainee, other than any trainee
				who is an employee of the City of New York, mileage expenses for two round
				trips between the trainee's normal work station and the New York City Fire
				Academy consistent with the prevailing rates for personal vehicle use for State
				travel purposes approved by the State Comptroller; and
(3) $50 additional per diem for each trainee
				whose normal work station is located more than 200 miles from the New York City
				Fire Academy, not to exceed two days per trainee.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 437 - Training Of First-line Supervisors At The New York City Fire Academy › Section 437.8 - Program evaluation and report

Current through Register Vol. 46, No. 28, July 10, 2024
Annually, beginning in January 1986, the City of New York
				  shall report to the Department of State regarding the conduct and
				  accomplishments of the training program provided in this Part. Such report
				  shall be submitted no later than January 31st of each year for the preceding
				  calendar year.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 438 - New York State Fire Training Program-minimum Standards › Section 438.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
Subdivision 6 of section 156  of the Executive Law, as amended
				  by chapter 615 of the Laws of 2006, empowers the State Fire Administrator to
				  plan, coordinate, and provide training related to fire and arson prevention and
				  control for firefighters, both paid and volunteer, and related governmental
				  officers and employees. Subdivision 6 directs the Office of Fire Prevention and
				  Control to adopt rules and regulations relating to such training, including but
				  not limited to training standards used, the process by which training hours
				  will be allocated to counties, and the establishment of a uniform procedure for
				  counties to request and the Office and Fire Prevention and Control to provide
				  additional training hours. This Part implements these requirements.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 438 - New York State Fire Training Program-minimum Standards › Section 438.3 - Training standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Instructor qualifications.
(1)
				Fire protection specialists and State fire instructors shall meet the
				requirements of a Fire Instructor Level I as prescribed in section
				426.4 of this Title, and:
(i) shall possess the physical ability and
				dexterity to perform the firefighter training tasks contained in the curriculum
				for State fire training courses which they are authorized to
				instruct;
(ii) shall meet the
				medical fitness requirements for wearing respiratory protection equipment
				prescribed in 29 CFR
				1910.134. Documentation of fitness shall be
				on a form specified by the Office of Fire Prevention and Control, signed by a
				licensed physician stating that the individual can use specified respiratory
				protection equipment, and state the date of the exam and the date when a
				subsequent exam is required; and
(iii) shall maintain fitness to wear
				respiratory protection equipment in accordance with
				29 CFR
				1910.134 for the term of their
				employment.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 438 - New York State Fire Training Program-minimum Standards › Section 438.4 - Outreach Training Program: training hour allocation and scheduling procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Training hour allocation.
(1) The Office of
				Fire Prevention and Control will survey county fire coordinators by January
				15th of each year to determine State fire training course needs of their
				respective counties for the next State fiscal year. The form and format of the
				survey will be established by the Office of Fire Prevention and
				Control.
(2) Training hours will be
				distributed on the basis of the State fiscal year (April 1st to March
				31st).
(3) Four State fire
				instructors will be assigned to each county in which outreach fire training
				courses are conducted. In counties which are allocated more than 700 course
				hours, one additional State fire instructor will be assigned for each
				additional 175 course hours allocated.
(4) Training hour allocation for delivery by
				State fire instructors for each State fiscal year shall be based on:
(i) the three-year average of training course
				hours used in a county;
(ii) a
				demonstrated need for additional training courses;
(iii) the availability of instructors to
				deliver the requested courses;
(iv)
				not reducing the training course allocation for a county by more than 50 hours
				from the previous year; and
(v)
				funding available in the State budget for that fiscal year.
(5) All unused and unscheduled
				hours remaining in individual county allocations will be withdrawn on October
				1st and will be made available to counties requesting additional training
				courses. Requests for additional courses will be fulfilled based on order of
				receipt starting on October 1st until all training hours are utilized for the
				fiscal year.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 438 - New York State Fire Training Program-minimum Standards › Section 438.5 - Supplemental Training Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Supplemental training programs must be approved by the State Fire
				Administrator.
(b) Counties may
				participate in the supplemental training program by providing a letter of
				intent to the State Fire Administrator from the county fire coordinator
				demonstrating a need for additional State fire training courses in the county.
				The need for additional training shall be based on student population, course
				demand, and special local needs.
(c) Authorization for a supplemental training
				program in a county is for a period of three years. A request for the
				continuation of the program for an additional three-year period may be
				submitted to the State Fire Administrator by the county fire
				coordinator.
(d) The county fire
				coordinator shall be responsible for the administration of the Supplemental
				Training Program. County fire coordinators shall ensure that appropriate
				facilities and equipment for the conduct of State fire training courses are
				available.
(e) County fire
				coordinators shall designate county fire instructors who meet the requirements
				of this Part. Designations of county fire instructors shall be approved by the
				State Fire Administrator and are valid for a period of three years.
(f) County fire instructors may be authorized
				to instruct the following State fire training courses:
(1) live fire safety training;
(2) conducting live fire
				evolutions;
(3) scene support
				operations;
(4) firefighter
				I;
(5) firefighter II;
(6) firefighter survival;
(7) apparatus operator-pump;
(8) fire behavior and arson
				awareness;
(9) hazardous materials
				first responder operations;
(10)
				confined space awareness and safety training;
(11) principles of building construction:
				combustible;
(12) incident safety
				officer;
(13) aircraft rescue and
				firefighting;
(14) apparatus
				operator-EVOC;
(15) SCBA
				confidence;
(16) refresher training
				from lesson units in the courses listed in paragraphs (1) through (15) of this
				subdivision; and
(17) other State
				fire training courses upon request of the county fire coordinator and approved
				by the State Fire Administrator.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 438 - New York State Fire Training Program-minimum Standards › Section 438.7 - Fire Brigade Training Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The Fire Brigade Training Program is established to allow certified instructors
				to deliver selected State fire training courses. Participation in the Fire
				Brigade Training Program must be approved by the State Fire
				Administrator.
(b) Employers
				wishing to participate in the Fire Brigade Training Program shall send a letter
				of intent to the State Fire Administrator demonstrating a specific need for
				training courses. The need for training shall be based on student population,
				course demand, and special local needs.
(c) Authorization for a Fire Brigade Training
				Program is for a period of three years. A request for the continuation of the
				program for another three year period may be submitted to the State Fire
				Administrator by the employer.
(d)
				The employer is responsible for the administration of the Fire Brigade Training
				Program and shall ensure that appropriate facilities and equipment for the
				conduct of State fire training courses are available.
(e) The employer shall send a written
				designation to the State Fire Administrator identifying a specific individual
				to serve as the fire brigade training officer who meets the requirements of
				this Part. The designation of a fire brigade training officer shall be approved
				by the State Fire Administrator and is valid for a period of three
				years.
(f) The employer may send a
				written designation to the State Fire Administrator identifying certain
				individuals to serve as fire brigade training instructors who meet the
				requirements of this Part. Designations of fire brigade training instructors
				shall be approved by the State Fire Administrator and are valid for a period of
				three years.
(g) Fire brigade
				training officers and instructors may teach only those courses for which they
				have been authorized. Fire brigade training officers and instructors must be
				designated in writing by the employer to attend instructor conferences. The
				cost for fire brigade training officers and instructors to attend instructor
				conferences is not the responsibility of the State of New York.
(h) Personal protective equipment, medical
				clearance for use of self-contained breathing apparatus, workers' compensation
				insurance, course curriculum, and student materials are the responsibility of
				the employer.
(i) Fire brigade
				training officers and instructors serving in this capacity are only authorized
				to instruct members of the employer's fire brigade unless otherwise authorized
				by the State Fire Administrator.
(j) The employer is responsible for supplying
				course curriculum and student materials for the following courses:
(1) firefighter I;
(2) firefighter II;
(3) scene support operations;
(4) hazardous materials awareness;
				and
(5) hazardous materials first
				responder operations.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 438 - New York State Fire Training Program-minimum Standards › Section 438.8 - Regional Training Program and Residential Training Program course allocation

Current through Register Vol. 46, No. 28, July 10, 2024
Training course allocation for delivery by the Office of Fire
				  Prevention and Control, or their designated representatives, in addition to
				  those delivered in the Outreach Training Program shall be based on:
(a) availability of instructors to deliver
				the requested courses;
(b)
				demonstrated need for training courses; and
(c) funding available in the State budget for
				that fiscal year.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 438 - New York State Fire Training Program-minimum Standards › Section 438.9 - Restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Training course
				materials developed and distributed by the Office of Fire Prevention and
				Control shall only be used in the conduct of State fire training courses
				authorized by this Part and may not be duplicated without permission of the
				Office of Fire Prevention and Control. The duplication of any copyrighted
				and/or trademarked commercial material used in the State Fire Training Program
				is prohibited.
(b) Any instructor
				who is authorized to deliver State fire training courses is prohibited from
				charging a fee for the delivery of such courses.
(c) Any instructors authorized to deliver
				State fire training courses shall comply with all of the Office of Fire
				Prevention and Control policies pertaining to safety, course delivery and live
				fire training when delivering State fire training courses. Failure to comply
				with these policies and procedures may result in termination of the
				authorization to deliver State fire training courses.
(d) Individuals who are under the age of 16,
				Explorer Scouts or similar participants of fire department youth programs
				(pursuant to General Municipal Law, section 204-b) may not attend State fire
				training courses.
(e) Instructors
				shall restrict a student's activities in State fire training courses if the
				student is using personal protective equipment that is not appropriate or not
				in compliance with 29 CFR part 1910.
(f) Instructors shall restrict a student's
				activities during State fire training courses if the student's conduct, skills
				or abilities present a safety hazard to himself or herself, the instructor(s)
				or other students.
(g) State fire
				instructors and county fire instructors shall not begin course delivery until a
				course confirmation is received from the Office of Fire Prevention and
				Control.
(h) No person shall issue
				a State of New York fire training certificate or a State of New York Academy of
				Fire Science fire training certificate, produced by the Office of Fire
				Prevention and Control, or a facsimile or representation thereof, without the
				authorization of 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 438 - New York State Fire Training Program-minimum Standards › Section 438.10 - Authority of the State Fire Administrator

Current through Register Vol. 46, No. 28, July 10, 2024
The State Fire Administrator may suspend and/or terminate the
				  authorization of an instructor to deliver State fire training courses, a
				  municipality to participate in the Municipal Training Program, a county to
				  participate in the Supplemental Training Program, a fire brigade to participate
				  in the Fire Brigade Training Program, or a student to participate in State fire
				  training courses for any violation of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 451 - Fire Academy Grants And Bequests Account › Section 451.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of State Fire Academy Grants and Bequests
				  Account enables the public to contribute directly to the department and the
				  Office of Fire Prevention and Control for the support of fire training and
				  public education programs and improvements at the State Academy of Fire
				  Science. This Part establishes the procedures by which contributions may be
				  made to and by which expenditures may be made from this
				  account.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 451 - Fire Academy Grants And Bequests Account › Section 451.2 - Administration of gifts, grants and bequests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to Executive Law, section
				156(16), the Office of Fire Prevention and Control, by and through the State
				Fire Administrator, is empowered to accept and administer as agent of the State
				any gift, grant, devise, or bequest for the purposes of article 6-C of that
				law, including operation of the New York State Academy of Fire Science as
				provided in Executive Law, section 156(7). Any moneys so received for programs
				or improvements at the State Academy of Fire Science may be expended subject to
				the same limitations as to approval of expenditures and audits as are
				prescribed for State monies.
(b) If
				any such gift, grant, devise, or bequest is proposed by a donor to be limited
				in its application, the department shall review such limitations for
				consistency with agency purposes. The department may refuse any offer or refund
				any monies received. Whenever any gift or bequest of money is lawfully made,
				and accepted by the department, the department shall deposit the amount as
				required by State Finance Law, section 11 and such other applicable laws,
				rules, regulations, policies, and procedures as may be in effect.
(c) Expenditures from the account shall be
				limited to monies in the fund and shall be in accordance with an expenditure
				plan, approved by the Division of the Budget, detailing the purpose for which
				any funds are to be used and the relation to existing operations and programs
				at the academy. No expenditure shall be made unless the monies therefor shall
				have been segregated.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 452 - New York Fire Academy Account › Section 452.1 - Schedule of fees

Current through Register Vol. 46, No. 28, July 10, 2024
The following schedule of fees is imposed for courses offered
				  by and use of the Academy of Fire Science.
(a) For fire-related courses and seminars
				regularly scheduled by OFPC:
(1) New York
				State resident registration ............$25 per course or seminar;
(2) out-of-state resident registration
				............$50 per course or seminar;
(3) meals and lodging as provided in
				subdivision (d) of this section.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 500 - Campus Fire Safety › Section 500.1 - Authority, intent, purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Department of State, Office of Fire
				Prevention and Control (OFPC) has authority to inspect the majority of public
				and independent college facilities in the State for compliance with the Uniform
				Fire Prevention and Building Code (UFPBC), other applicable fire safety
				standards and Education Law, section 807. O FPC also has authority to prepare
				inspection reports, issue citations and corrective orders for violations, take
				appropriate actions to ensure compliance with its orders, and do all other
				things necessary and appropriate to effectuate the law. This Part establishes
				procedural and substantive requirements to implement and apply that
				authority.
(b) This Part is not
				applicable to the City of New York, which shall continue to conduct inspections
				of public and independent colleges under its jurisdiction.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 500 - Campus Fire Safety › Section 500.2 - Inspections and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				authorities in charge of any public or independent college or university shall
				permit the interior and exterior of all buildings under their jurisdiction to
				be inspected at least annually, when in use, for compliance with the UFPBC,
				other applicable fire safety standards and Education Law, section
				807.
(b) Either OFPC or a county,
				city, town or village to which OFPC has delegated inspection authority under
				this Part (the "inspecting authority"), shall conduct the inspections. College
				and university authorities shall provide the inspector with access to all
				building areas. An employee with knowledge of the physical characteristics of
				the buildings shall accompany the inspector during each inspection.
(c) Inspections shall consist of the
				following activities: exterior examination of the buildings in question;
				interior examination of all areas of the buildings in question; review of any
				recently completed or planned building alterations, additions, renovations or
				other building construction and all records related thereto; audit of all
				inspection, testing and maintenance records of building systems as required by
				the UFPBC; review of all records pertaining to fire evacuation drills, fire
				safety training activities and emergency plans; and review of reports of any
				fire activity within the building since the last inspection.
(d) All inspections shall be recorded in a
				format prescribed by OFPC.
(e) OFPC
				or a local government to which inspection authority has been delegated shall
				produce a report for each building inspected.
(f) The buildings in which a violation exists
				may be re-inspected to verify abatement has been accomplished.
(g) The inspecting authority may inspect any
				college or university building upon report of a real or suspected fire danger
				made by students, staff, parents, a member of the public, local governments or
				the college or university authorities, or when in the opinion of the inspecting
				agency, unsafe or noncompliant conditions may exist as a result of activities
				within a building. The inspection shall be limited to the building in which the
				suspected danger was reported.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 500 - Campus Fire Safety › Section 500.3 - Report of inspection/notice of violation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a violation is determined to exist,
				it shall be identified by the inspecting authority on a report of
				inspection/notice of violation. The inspecting authority shall file the report
				within 90 days of the inspection with the college or university authorities,
				the Commissioner of Education, and the chief or other comparable officer of any
				fire department or fire corporation having jurisdiction to fight fires in the
				building inspected. Where there has been a delegation of inspection authority,
				the inspecting authority shall also file a copy of the report with
				OFPC.
(b) The report shall contain
				the following:
(1) the nature and location of
				the violation;
(2) reference to
				applicable sections of the UFPBC, other fire safety standards or Education Law,
				section 807; and
(3) recommended
				abatement date.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 500 - Campus Fire Safety › Section 500.4 - Order to comply

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever a
				re-inspection is performed and a violation previously identified on a report of
				inspection/notice of violation has not been satisfactorily abated as required,
				the inspecting authority shall serve an order to comply on the college or
				university.
(b) Whenever a severe
				or serious violation of the cumulative effect of numerous significant
				violations, as defined in section
				500.5 of this Part, has been
				identified during an inspection, OFPC may, at its discretion, issue an order to
				comply in an effort to ensure that public health and safety is addressed in a
				timely manner. In this situation, an order to comply may only be issued at the
				express direction of the State Fire Administrator, Deputy State Fire
				Administrator, a Bureau Chief or Deputy Bureau Chief of OFPC.
(c) The order to comply shall state:
(1) the location and nature of the violation
				and the date by which abatement must occur;
(2) the earliest date by which a
				re-inspection will occur; and
(3)
				the daily penalties which may be imposed upon failure to comply as
				required.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 500 - Campus Fire Safety › Section 500.5 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Monetary
				penalties.
OFPC may assess monetary penalties of up to $500 per calendar
				  day commencing on the first day following the abatement date specified in an
				  order, and continuing until the violation has been abated. Abatement of
				  violations shall be verified by OFPC. Calculation of monetary penalties shall
				  be governed by the following standards which will be used to determine the
				  gravity of the violation:
(1) Fire
				probability and loss severity.
(i) Fire
				probability is OFPC's assessment of the likelihood that a fire will occur. At a
				minimum, the following factors shall be considered: contents, processes,
				arrangement of contents, occupancies, operations conducted in the area,
				construction class and hours of operation. Based upon these factors, OFPC will
				assign one of the following fire probability values from the table appearing in
				paragraph (2) of this subdivision:
(a) Likely
				to occur immediately or within a short period of time (fire probability
				A).
(b) Probably will occur in time
				(fire probability B).
(c) Possible
				to occur in time (fire probability C).
(d) Unlikely to occur (fire probability
				D).
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 500 - Campus Fire Safety › Section 500.6 - Methods of abatement

Current through Register Vol. 46, No. 28, July 10, 2024
Violations are considered abated when correction of the
				  condition or behavior that is in violation of the UFPBC, other applicable fire
				  safety standards or Education Law, section 807 has been made.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 500 - Campus Fire Safety › Section 500.7 - Compliance plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A college
				or university may submit a written compliance plan to memorialize a commitment
				to undertake corrective action to abate each violation. The plan shall contain,
				but not be limited to, procedural and/or policy changes, specification of the
				necessary training, work, personnel, materials, expected costs, time lines, and
				procurement and financial commitments which are necessary to achieve
				abatement.
(b) For the purposes of
				this section, an approved compliance plan shall provide a temporary time
				extension for permanent corrective action to be undertaken. A compliance plan
				suspends the accrual of any monetary penalties for the approved time period. If
				upon expiration of a compliance plan, the violation(s) previously identified in
				an order to comply has not been abated, penalties shall be assessed back to the
				date contained in the original order to comply.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 500 - Campus Fire Safety › Section 500.8 - Certificate of compliance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where
				inspection of a building reveals that it is in full compliance with the UFPBC,
				other applicable fire safety standards and/or Education Law, section 807, OFPC
				or its designee shall issue a certificate of compliance in a format prescribed
				by OFPC.
(b) The certificate of
				compliance shall be prominently posted in a protective frame or case within the
				building and shall provide the telephone number and address at which OFPC may
				be contacted.
(c) The certificate
				of compliance shall be valid for a period of one year from the date of initial
				inspection unless sooner revoked.
(d) OFPC may revoke any certificate of
				compliance whenever it finds that a violation of the UFPBC, other applicable
				fire safety standards or Education Law, section 807 exists.
(e) Immediately upon receiving a revocation
				notice from OFPC, the college or university authorities shall remove the
				certificate of compliance from its posted location and replace it with a notice
				that the certificate of compliance has been revoked, stating the reasons
				therefor and the telephone number and address at which OPFC may be
				contacted.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 500 - Campus Fire Safety › Section 500.9 - Imminent threat to public health or safety

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An imminent threat to public health or
				safety is a condition or practice in building, facility or on property under
				the jurisdiction of a college or university that creates a situation which
				could reasonably be expected to cause death or serious physical harm if
				abatement is not immediately achieved. OFPC may take the following actions to
				address an imminent threat to public health or safety.
(b) Where a college or university authority
				has failed to abide with an order to comply and the subject severe or serious
				violation(s) or cumulative effect of numerous significant violations remain in
				such fashion that OFPC determines an imminent threat to public health or safety
				exists, OFPC may order the closing of a building or parts thereof.
(c) Where a college or university authority
				has failed to abide with an order to comply and the subject operation(s)
				constitutes a sever or serious violation(s) that OFPC determines to be an
				imminent threat to public health or safety, OFPC may issue a cease and desist
				order.
(d) OFPC's authority to
				order the closing of a building or parts thereof or to issue a cease and desist
				order shall only be exercised by the State Fire Administrator, Deputy State
				Fire Administrator, or a Bureau Chief or Deputy Bureau Chief of OFPC.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 500 - Campus Fire Safety › Section 500.10 - Reporting of fires

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Colleges
				and university shall report to OFPC on DOS form 1660 basic information relating
				to all fires that occur on property under the jurisdiction of a college or
				university. This report shall be submitted within 24 hours of the occurrence or
				discovery of the fire. Reports may be submitted via fax or e-mail as instructed
				on DOS form 1660.
(b) Any fire that
				results in injury or death shall be reported to OFPC within one hour of the
				occurrence. This initial report shall be made via telephone to OFPC's 24-hour
				answering point, (518) 474-6746. A completed DOS form 1660 shall also be
				submitted in accordance with section
				500.11(a) of this
				Part.
(c) For purposes of this
				section, a fire is any instance of open flame or other burning in a place not
				intended to contain the burning or in an uncontrolled manner.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XII - Office Of Fire Prevention And Control › Part 500 - Campus Fire Safety › Section 500.11 - Delegation of inspection authority to local governments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in paragraph (4) of
				this subdivision, a county, city, town or village may, by resolution of its
				legislative body, apply to OFPC for delegation of its inspection authority in
				relation to independent colleges and universities. The resolution shall specify
				which local government office shall be responsible for carrying out the duties
				delegated. The county, city, town or village shall forward such resolution and
				application to OFPC. Where a delegation has been made to both a county, and a
				city, town or village within such county, the authority delegated shall be
				exercised by the city, town or village to the extent authorized by OFPC.
(1) OFPC may make such delegation upon
				acceptable demonstration by the applicant of adequate capability, resources and
				commitment. Such demonstration shall consist of but not be limited to a showing
				of:
(i) sufficient and properly trained
				staff;
(ii) adequate
				funding;
(iii) a proven record of
				obtaining compliance with the UFPBC and/or Education Law, section 807, as
				applicable;
(iv) certification of
				inspectors by the State Fire Administrator; and
(v) a statement in the resolution that no fee
				shall be charged for inspections performed pursuant to Education Law, section
				807 -b.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 600 - Policies And Procedures › Section 600.1 - Authority, intent and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part is adopted pursuant to section 913  of the Executive Law to implement the provisions of the Waterfront
				Revitalization of Coastal Areas and Inland Waterways Act.
(b) This Part is intended to provide for
				State agencies acting in the coastal area and inland waterways the necessary
				framework for the consideration and application of the State's policies with
				respect to waterfront revitalization and coastal resources, as contained in
				article 42 of the Executive Law.
(c) It was the intention of the Legislature
				that the preservation, enhancement and utilization of the natural and man-made
				resources of the State's unique coastal area take place in a coordinated and
				comprehensive manner to insure the proper balance between those natural
				resources and the need to accommodate the needs of population growth and
				economic development. Accordingly, it is the intention of this Part to achieve
				a balance between economic development and preservation that will permit the
				beneficial use of coastal and inland waterway resources while preventing the
				loss of living marine resources and wildlife, diminution of open space areas or
				public access to the waterfront, shoreline erosion, impairment of scenic
				beauty, or permanent adverse changes to ecological systems.
(d) In adopting the Waterfront Revitalization
				of Coastal Areas and Inland Waterways Act, it was the Legislature's intention
				that review by State agencies required pursuant to article 42 of the Executive
				Law, to determine the consistency of proposed actions with the policies of
				article 42 and with any applicable approved local Waterfront Revitalization
				Program, be coordinated with and made a part of each agency's existing
				procedures, including reviews conducted under the State Environmental Quality
				Review Act (SEQR) ( Environmental Conservation Law, article 8). Accordingly, in
				compliance with article 42, this Part provides a framework which is compatible
				with and capable of coordination with a State agency's existing review
				responsibilities under SEQR (6 NYCRR Part 617).