Bill Text: NY S07588 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes the office of fire prevention and control to establish standards for the conducting of live fire exercises.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-06-05 - REFERRED TO RULES [S07588 Detail]
Download: New_York-2011-S07588-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7588
I N S E N A T E
June 5, 2012
___________
Introduced by Sen. BALL -- (at request of the Division of Homeland Secu-
rity and Emergency Services) -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to live fire training
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 155-a of the executive law is amended by adding
2 four new subdivisions 6, 7, 8 and 9 to read as follows:
3 6. "LIVE FIRE" SHALL MEAN ANY UNCONFINED OPEN FLAME OR DEVICE THAT CAN
4 PROPAGATE FIRE TO A BUILDING OR OTHER COMBUSTIBLE MATERIALS.
5 7. "ACQUIRED STRUCTURE" SHALL MEAN ANY STRUCTURE ACQUIRED FOR THE
6 PURPOSE OF CONDUCTING LIVE FIRE TRAINING EVOLUTIONS.
7 8. "LIVE FIRE TRAINING EVOLUTION" SHALL MEAN A LIVE FIRE TRAINING
8 ACTIVITY INVOLVING AN ACQUIRED STRUCTURE OR TRAINING CENTER BURN BUILD-
9 ING; SUCH TERM SHALL NOT INCLUDE THE TRAINING ACTIVITIES OR PRESCRIBED
10 BURNS CONDUCTED BY OR OBSERVED BY THE DEPARTMENT OF ENVIRONMENTAL
11 CONSERVATION, PURSUANT TO ARTICLE NINE OF THE ENVIRONMENTAL CONSERVATION
12 LAW.
13 9. "TRAINING CENTER BURN BUILDING" SHALL MEAN A STRUCTURE SPECIFICALLY
14 DESIGNED AND CONSTRUCTED FOR CONDUCTING LIVE FIRE TRAINING EVOLUTIONS ON
15 A REPETITIVE BASIS.
16 S 2. The executive law is amended by adding a new section 159-a to
17 read as follows:
18 S 159-A. STANDARDS; LIVE FIRE TRAINING. 1. NOTWITHSTANDING ANY
19 PROVISIONS OF LAW TO THE CONTRARY, THE OFFICE OF FIRE PREVENTION AND
20 CONTROL SHALL HAVE THE AUTHORITY TO:
21 (A) ESTABLISH MINIMUM STANDARDS GOVERNING THE USE OF ACQUIRED STRUC-
22 TURES DURING LIVE FIRE TRAINING EVOLUTIONS;
23 (B) ESTABLISH MINIMUM STANDARDS GOVERNING THE MANNER IN WHICH ALL LIVE
24 FIRE TRAINING EVOLUTIONS ARE TO BE CONDUCTED;
25 (C) ESTABLISH MINIMUM TRAINING REQUIREMENTS WHICH MUST BE MET BY ANY
26 PERSON CONDUCTING, SUPERVISING, OR PARTICIPATING IN A LIVE FIRE TRAINING
27 EVOLUTION; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14498-01-2
S. 7588 2
1 (D) CONDUCT AN INVESTIGATION WHEN A SERIOUS INJURY OR FATALITY OCCURS
2 AS A RESULT OF A LIVE FIRE TRAINING EVOLUTION. THE FOCUS OF THE INVESTI-
3 GATION IS TO DETERMINE COMPLIANCE WITH THE STANDARDS SET FORTH PURSUANT
4 TO THIS SECTION.
5 2. WHENEVER A PERSON IS SERIOUSLY INJURED OR A FATALITY OCCURS DURING
6 A LIVE FIRE TRAINING EVOLUTION, THE CHIEF FIRE OFFICIAL OF THE FIRE
7 DEPARTMENT OR FIRE COMPANY THAT CONDUCTED THE TRAINING SHALL NOTIFY THE
8 OFFICE OF FIRE PREVENTION AND CONTROL AS SOON AS PRACTICABLE AND SUBMIT
9 A WRITTEN REPORT TO THE OFFICE OF FIRE PREVENTION AND CONTROL WITHIN
10 SEVEN DAYS OF SUCH INJURY OR FATALITY.
11 3. THE STATE FIRE ADMINISTRATOR SHALL ADOPT RULES AND REGULATIONS
12 NECESSARY TO CARRY OUT THE PURPOSE AND PROVISIONS OF THIS SECTION.
13 S 3. This act shall take effect September 1, 2012; provided, however,
14 that, effective immediately, the office of fire prevention and control
15 is authorized to adopt such rules and regulations which are necessary to
16 implement the provisions of this act on its effective date on or before
17 such date.
