2006 New York Code - Definitions; Bureaus, Divisions And Offices.

 
    §  15-101  Definitions;  bureaus,  divisions  and  offices. a. For the
  purposes of this title the following  terms  shall  have  the  following
  meanings:
    (1) "Commissioner" shall mean the fire commissioner.
    (2) "Department" shall mean the fire department.
    b.  In  addition  to  such other bureaus, divisions and offices as the
  commissioner may organize pursuant to section eleven hundred two of  the
  charter, there shall be in the department:
    1.  A  fire  bureau in the charge of the chief of the department which
  shall have charge of the extinguishment of fires and the  necessary  and
  incidental protection of life and property in connection therewith.
    In  such  bureau  there  shall be a bureau of fire prevention and such
  bureau shall be in the charge of a member of the uniformed force of  the
  department,  of  a  rank  above that of captain, to be designated by the
  commissioner. Such bureau shall perform  the  duties  and  exercise  the
  powers  of  the commissioner in relation to (1) combustibles, chemicals,
  explosives,  flammables,  or  other  dangerous   substances,   articles,
  compounds  or mixtures, (2) the prevention of fires or danger to life or
  property  therefrom,  excluding  provisions   relating   to   structural
  conditions  and  (3)  protection  against fire and panic, obstruction of
  aisles, passageways and means of egress, standees, fire  protection  and
  fire extinguishing appliances, and fire prevention in licensed places of
  assembly. In the performance of their official duties, the uniformed and
  civilian  members of the bureau of fire prevention shall have the powers
  and perform the duties of  peace  officers,  but  their  power  to  make
  arrests  and  serve  process  in criminal actions shall be restricted to
  cases arising under laws relating to (1) the manufacture, storage, sale,
  transportation or use of combustibles, chemicals, explosives, flammables
  or other dangerous substances, articles, compounds or mixtures  and  the
  control  of  fire hazards, (2) the prevention of fires or danger to life
  or property  therefrom,  excluding  provisions  relating  to  structural
  conditions and (3) fire perils.
    2.   A   chief  and  deputy  chief  fire  marshal,  appointed  by  the
  commissioner, who shall be members of the department.
    c. Notwithstanding any inconsistent provision of any general,  special
  or local law, or rule or regulation, a chief of the department shall not
  serve  in any other capacity to the department during his or her term of
  office of chief. Any person violating the  provisions  of  this  section
  shall be deemed to have vacated the office of chief so held.