New York Environmental Conservation Code § 23-1717

Training and qualification of municipal fire department personnel; strict liability
Open in Lexace · Ask the AI about this section
§ 23-1717. Training and qualification of municipal fire department\n             personnel; strict liability.\n  1. The legislature finds that liquefied natural and petroleum gas, in\nview of its extreme volatility, high flammability, and dangerous\nqualities if mishandled resulting in accidental release, poses problems\nof the control thereof related to the lack of current training and\nqualification of municipal fire department personnel responsible for\ncontrol and extinguishment of fire resulting from mishandling and\naccidental release during its storage, transportation, and conversion.\n  2. Within thirty days after this title shall become effective, every\nutility or other person subject to the jurisdiction of the public\nservice commission and which is engaged in the storage, transportation,\nor conversion of liquefied natural or petroleum gas within the state\nshall give notice to the department that it is a person subject to this\ntitle, and shall specify by geographical description the municipality or\nmunicipalities, or parts thereof, within the state where it is handling\nor otherwise using liquefied natural or petroleum gas, with the nature\nof such use, storage, transportation, or conversion, with the amounts\nthereof in each location, on a monthly and annual basis, with any\nprojected increase or decrease in the use or handling thereof at such\nlocation or locations within the state on a five year basis from date of\nreport.\n  3. Within sixty days thereafter, the department, in consultation with\nthe municipal fire department or departments indicated to be those\nrequired to be trained and qualified under this title to control and\nextinguish fires related to the reported facilities and transportation\nof liquefied natural or petroleum gas, shall determine and report what,\nif any, programs are necessary to enable such municipal fire department\nor departments to be adequately prepared to control and extinguish such\nfires and to protect persons and property within their municipality or\nmunicipalities who might be subject to such danger.\n  4. The report of the department shall detail the capability and\npreparedness, or lack thereof, of such fire department or departments\neffectively to prevent or extinguish a fire at or related to any of the\nreported facilities, or in connection with the transportation of\nliquefied natural or petroleum gas; proposals for further training and\nqualification of personnel which, if implemented, would enable such fire\ndepartment or departments effectively to carry out such\nresponsibilities; and a detailed analysis of the cost of training and\nqualification of such municipal fire department personnel to do so,\nincluding those related to additional manpower, new or additional\nequipment, or training of such personnel, although not limited thereto.\nSuch report, in its cost analysis and in making recommendations with\nrespect thereto, shall report separately with regard to projected hiring\nof additional personnel, the purchase of new or additional equipment and\nsupplies, and necessary training courses, on an initial and continuing\nbasis, together with any other proposals in implementation of this\nsection; and, in addition, shall make specific finding, with regard to\nthe particular municipal fire department or departments involved, which\nof said proposals is or are required to be implemented to be carried out\nto comply with the requirements of subdivision three of this section,\ntogether with the reasonable cost thereof.\n  5. Notice of the department's determination with regard to\nimplementation of the training and qualification requirements of this\nsection and of the cost thereof shall be given to the utility or other\nperson subject to this section under subdivision two hereof and to the\nmunicipal fire department or departments identified to be with\njurisdiction under subdivision three hereof. If a hearing is requested\nwithin thirty days, a hearing shall be hel

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.