PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of Part 438 to Title 19 NYCRR.
Statutory authority:
Executive Law, section 156(6) (chapter 615 of the Laws of 2006)
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
Chapter 615 of the Laws of 2006 required that regulations regarding firefighter training be adopted by February 12, 2007. Regulations were adopted on an emergency basis and this rule keeps the regulations in effect until a permanent rule can be adopted.
Subject:
Firefighter training.
Purpose:
To set standards for the state firefighter training program.
Substance of emergency rule:
Section 438.1 Purpose. The purpose of this rule is to implement the requirements of subdivision 6 of section 156 of the Executive Law, as enacted by Chapter 615 of the Laws of 2006. This subdivision empowers the State Fire Administrator to plan, coordinate, and provide training related to fire and arson prevention and control for paid and volunteer firefighters and governmental officers and employees. Subdivision 6 also directs the Office of Fire Prevention and Control (OFPC) to adopt rules and regulations relating to training, including training standards, the allocation of training hours to counties and the establishment of a uniform procedure for counties to request and OFPC to provide additional training hours.
Section 438.2 contains definitions of terms used in Part 438.
Section 438.3 describes training standards to guide OFPC in its implementation of the rule including instructor and student qualifications, live fire training requirements, and a listing of the standards, manuals, statutes, and regulations which will be used to provide the training authorized by subdivision 6 of section 156 of the Executive Law.
Section 438.4 deals with firefighter training hours, course allocations and scheduling procedures delivered through the Outreach Training Program.
Section 438.5 deals with the requirements and restrictions associated with creating and maintaining a supplemental firefighter training program.
Section 438.6 deals with the requirements and restrictions associated with creating and maintaining a municipal training program.
Section 438.7 deals with the requirements and restrictions associated with creating and maintaining a fire brigade training program.
Section 438.8 deals with firefighter training course allocations and scheduling procedures delivered through the Regional Training Program and Residential Training Program.
Section 438.9 deals with restrictions relating to the state fire training programs.
Section 438.10 deals with the State Fire Administrator's ability to suspend and/or terminate authorization to deliver state fire training courses if an officer, instructor or program violates one or more of the provisions of this Part.
This notice is intended
to serve only as an emergency adoption, to be valid for 90 days or less. This rule expires March 1, 2009.
Text of rule and any required statements and analyses may be obtained from:
David Treacy, Esq., Department of State, 99 Washington Avenue, Albany, NY 12231, (518) 474-6740
Regulatory Impact Statement
1. STATUTORY AUTHORITY
Section 156(6) of the Executive Law requires that the Office of Fire Prevention and Control of the Department of State (OFPC) provide fire and arson prevention and control training to firefighters and related governmental officers and employees. This section requires OFPC to adopt rules related to such training. These rules must include statements concerning training standards used by OFPC, the process by which OFPC allocates training hours to counties, and a uniform procedure for counties to request and OPFC to provide additional training hours.
2. LEGISLATIVE OBJECTIVES
The legislative objectives behind section 156(6) are to make the state training program more transparent, addressing the following processes: allocation of training hours to counties; the uniform procedure for counties to request and OFPC to provide additional training hours; and the training standards which OFPC and its representatives will follow when it delivers training. This rule fulfills the legislative objectives.
3. NEEDS AND BENEFITS
Section 156(6) of the Executive Law requires that OPFC adopt a rule related to firefighter training. Adoption of this rule would add transparency to the process by which firefighter training hours are allocated to counties, describe the training standards which will be followed by OFPC when it delivers training, establish the qualifications of instructors delivering state fire training courses and prescribe a uniform procedure for counties to request and OFPC to provide additional training hours.
4. COSTS
a. Cost to regulated parties for the implementation of and continuing compliance with the proposed rule.
Fire departments would experience no additional out-of-pocket costs if the rule is adopted. The equipment and facilities required by the training provided for in this rule are already in the possession of these departments.
b. Costs to the Agency, the State and Local Governments for the Implementation and Continuation of the Rule
This rule would not impose any additional costs to local governments or the State. The Department of State is currently appropriated approximately $1,500,000 per year for outreach firefighter training.
5. LOCAL GOVERNMENT MANDATES
This rule making will not impose any program, service, duty or responsibility upon counties, cities, towns, villages, school districts, fire districts or other special districts. Participation in the firefighter training provided for in this rule is voluntary.
6. PAPERWORK
Several new forms would be required as a result of the rule:
County fire coordinators desiring that training be provided to fire departments within their jurisdiction will be required to answer a survey related to such training and submit a proposed training schedule.
If this rule is adopted, state fire instructors, municipal fire instructors, and county fire instructors would be required to complete student attendance cards.
7. DUPLICATION
No rules or other legal requirements of either the state or federal government exist at the present time which duplicate, overlap, or conflict with the proposed rule.
8. ALTERNATIVES
Section 156(6) of the Executive Law requires that OPFC adopt a rule which deals with firefighter training. This section requires that the rule describe the process by which firefighter training hours are allocated to counties, the training standards which will be followed by OFPC when it delivers such training, and prescribe a uniform procedure for counties to request and OFPC to provide additional training hours.
The Department of State considered several alternatives to this rule but established this rule to ensure public safety and compliance with the current federal regulations related to training. For instance, the Department of State considered assigning less state fire instructors per county, but needed to assign 4 instructors per county based on safety concerns, workload and the National Fire Protection Association standard for a required number of instructors based on student enrollment for certain firefighter training, such as live fire. The Department of State also considered using only full-time staff to conduct firefighter training statewide, but it would be cost prohibitive to consider that alterative. Another example of an alternative considered was not to require pre-requisites for training courses, but based on the hazardous nature of firefighting and the need for skills progression, such an alternative was not advisable.
9. FEDERAL STANDARDS
No standards have been set by the federal government for the same or similar subject areas addressed by this proposed rule.
10. COMPLIANCE SCHEDULE
Fire departments interested in receiving the training which is provided for in this proposed rule can comply immediately with the requirements of the rule.
Regulatory Flexibility Analysis
1. Effect of rule
The proposed rule potentially would affect all of the counties and all of the approximately 1850 fire departments located in New York State. The proposed rule would not affect small businesses located in New York State.
2. Compliance requirements
Counties and fire departments wishing to avail themselves of the training offered by the proposed rule would be required to submit a proposed fire training schedule to the Office of Fire Prevention and Control of the Department of State.
3. Professional services
Counties and fire departments will not need any additional professional services in order to comply with the proposed rule.
4. Compliance costs
There would be no costs to counties or fire departments which would be associated with compliance with the rule, or annual costs to these entities for continuing compliance with the rule.
5. Economic and technological feasibility
The proposed rule sets forth a voluntary process whereby counties and fire departments may make requests for firefighter training. The only requirement that the rule imposes on these counties and fire departments is that they make requests for this training. It is therefore economically and technologically feasible for these counties and fire departments to comply with this rule.
6. Minimizing adverse impact
The proposed rule sets forth a voluntary process whereby counties and fire departments may make requests for firefighter training. Since the rule would regulate the administration of a state program rather than the activities of counties and fire departments, engaging in this voluntary process would not have any adverse economic impact on these entities.
7. Small business and local government participation
Representatives of fire departments and local governments participated in legislative hearings at which they urged the implementation of a more transparent process for the allocation of firefighter training resources. This resulted in the passage of Chapter 615 of the Laws of 2006, which requires the promulgation of these rules.
OFPC has reached out to the regulated parties, including County Fire Coordinators, State Fire Instructors, Regional Fire Administrators and Municipal Training Officers to provide them with the processes and procedures OFPC will be following and requiring with respect to the state fire training program. OFPC has provided copies of the rulemaking to the regulated parties. In addition, this rule has been discussed at the instructor's conferences, the regional state fire administrators conference, county fire coordinators conferences, Association of State Fire Chiefs conference and it has been posted on the Office of Fire Prevention of Control's website. To date, the Department of State has not received any feedback based on its outreach.
Rural Area Flexibility Analysis
1. Types and estimated numbers of rural areas
The proposed rule would apply throughout New York State. All of the counties and all of the approximately 1850 fire departments in New York State, including those located in rural areas as that term is defined in section 102(10) of the State Administrative Procedure Act ("SAPA"), would potentially be affected by the rule.
The proposed rule would not regulate any activities of private entities in rural areas of the State.
2. Reporting, record keeping and other compliance requirements, and professional services
Counties wishing to avail themselves of the training offered by the proposed rule would be required to submit a proposed fire training schedule to the Office of Fire Prevention and Control of the Department of State. Counties and fire departments located in rural areas will not need any additional professional services in order to comply with the proposed rule.
3. Costs
There would be no costs to counties and fire companies located in rural areas associated with compliance with the rule, or annual cost for continuing compliance with the rule by these entities.
4. Minimizing adverse impact
The proposed rule sets forth a voluntary process whereby counties may make requests for firefighter training. The rule would regulate the administration of a state program rather than the activities of public or private entities located in rural areas. Since this process is voluntary, it would not have any adverse economic impact on rural areas of New York State.
5. Rural area participation
Representatives of rural areas participated in legislative hearings at which they urged the implementation of a more transparent process for the allocation of firefighter training resources. This resulted in the passage of Chapter 615 of the Laws of 2006.
OFPC has reached out to the regulated parties, including County Fire Coordinators, State Fire Instructors, Regional Fire Administrators and Municipal Training Officers to provide them with the processes and procedures OFPC will be following and requiring with respect to the state fire training program. OFPC has provided copies of the rulemaking to the regulated parties. In addition, this rule has been discussed at the instructor's conferences, the regional state fire administrators conference, county fire coordinators conferences, Association of State Fire Chiefs conference and it has been posted on the Office of Fire Prevention of Control's website. To date, the Department of State has not received any feedback based on its outreach.
Job Impact Statement
This rule will not have any substantial adverse impact on jobs and employment opportunities. In fact, this rule may result in the employment of several additional Office of Fire Prevention and Control fire protection specialists and temporary part-time instructors by the Department of State.
