Amd §58-a, Civ Serv L; add §204-dd, Gen Muni L; add §159-d, Exec L
Relates to the minimum qualifications to serve as a fire chief in any fire department, fire district or fire protection district that employs six or more paid firefighters.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8341
SPONSOR: Abbate TITLE OF BILL:
An act to amend the civil service law, the general municipal law and the
executive law, in relation to the minimum qualifications to serve as a
fire chief in any fire department, fire district or fire protection
district that employs six or more paid firefighters
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to establish minimum qualifications to serve
as a fire chief in a fire department, fire district or fire protection
district with six or more paid firefighters employed.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends § 58-a of the civil service to modify the
eligibility requirements for provisional or permanent appointment as a
fire chief.
Section 2 of the bill amends the general municipal law to require train-
ing and education requirements pursuant to most recently developed
Recommended Best Practices as adopted by the NYS Division of Homeland
Security and Emergency Services, Office of Fire Prevention and Control.
The State Fire Administrator is directed to promulgate, rules and regu-
lations based on such Best Practices.
Section 3 of the bill amends the executive law to permit the state fire
administrator to conduct with training and education necessary for
appointment or election as a fire chief. Such courses may be made avail-
able in all geographic regions of the state.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION:
The underlying bill was enacted to ensure critical, yet basic, educa-
tion, health and physical fitness training benchmarks for fire chiefs in
certain combination departments. .This amendment further clarifies that
such requirements shall apply to both professional and volunteer fire
fighters serving as fire chiefs.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
8341
2019-2020 Regular Sessions
IN ASSEMBLY
June 14, 2019
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the civil service law, the general municipal law and the
executive law, in relation to the minimum qualifications to serve as a
fire chief in any fire department, fire district or fire protection
district that employs six or more paid firefighters
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 and paragraph (b) of subdivision 7 of section
2 58-a of the civil service law, subdivision 6 as amended and paragraph
3 (b) of subdivision 7 as added by chapter 406 of the laws of 2018, are
4 amended to read as follows:
5 6. The provisions of this section shall not apply to appointments made
6 by any county, city, town, village or fire district which employs [fewer
7 than five] five or fewer fire fighters.
8 (b) has successfully completed training and education [courses of
9 minimum contact hour criteria approved] requirements established by the
10 state fire administrator [and received certification for supervisory
11 level 1 or higher pursuant to 19 NYCRR 427.9].
12 § 2. The general municipal law is amended by adding a new section
13 204-dd to read as follows:
14 § 204-dd. Qualifications of a fire chief. No person shall be eligible
15 for appointment or election as the fire chief, or any title or rank that
16 includes the duties of the chief, in any fire department or fire company
17 with six or more paid firefighters, unless he or she meets requirements
18 as established by the most recently developed recommended best practices
19 for incident commanders adopted by the New York state division of home-
20 land security and emergency services, office of fire prevention and
21 control. The state fire administrator shall promulgate rules and regu-
22 lations based upon requirements established pursuant to the most recent-
23 ly developed recommended best practices for incident commanders. For the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11078-06-9
A. 8341 2
1 purpose of this section, the term firefighter shall mean a member of a
2 fire department whose duties include fire service as defined in para-
3 graph d of subdivision eleven of section three hundred two of the
4 retirement and social security law and has been assigned by his or her
5 department as an interior firefighter.
6 § 3. The executive law is amended by adding a new section 159-d to
7 read as follows:
8 § 159-d. Training for fire chiefs. The state fire administrator may
9 conduct the training and education required for fire chiefs pursuant to
10 subdivision seven of section fifty-eight-a of the civil service law and
11 section two hundred four-dd of the general municipal law with sufficient
12 frequency to enable individuals to satisfy the necessary qualifications
13 for a fire chief pursuant to such section. To the extent practicable,
14 such training and education may be made available in all geographic
15 regions of the state. Such regions may be determined by the state fire
16 administrator.
17 § 4. This act shall take effect on the one hundred eightieth day after
18 it shall have become a law. Effective immediately, the addition of any
19 rule or regulation necessary for the implementation of this act on its
20 effective date are authorized to be made and completed on or before such
21 effective date.
