2006 New York Code - Training And Qualification Of Municipal Fire Department Personnel; Strict Liability.

 
  § 23-1717. Training  and  qualification  of  municipal  fire  department
               personnel; strict liability.
    1. The legislature finds that liquefied natural and petroleum gas,  in
  view  of  its  extreme  volatility,  high  flammability,  and  dangerous
  qualities if mishandled resulting in accidental release, poses  problems
  of  the  control  thereof  related  to  the lack of current training and
  qualification of municipal fire  department  personnel  responsible  for
  control  and  extinguishment  of  fire  resulting  from  mishandling and
  accidental release during its storage, transportation, and conversion.
    2. Within thirty days after this title shall become  effective,  every
  utility  or  other  person  subject  to  the  jurisdiction of the public
  service commission and which is engaged in the storage,  transportation,
  or  conversion  of  liquefied  natural or petroleum gas within the state
  shall give notice to the department that it is a person subject to  this
  title, and shall specify by geographical description the municipality or
  municipalities,  or parts thereof, within the state where it is handling
  or otherwise using liquefied natural or petroleum gas, with  the  nature
  of  such  use,  storage, transportation, or conversion, with the amounts
  thereof in each location, on  a  monthly  and  annual  basis,  with  any
  projected  increase  or  decrease in the use or handling thereof at such
  location or locations within the state on a five year basis from date of
  report.
    3. Within sixty days thereafter, the department, in consultation  with
  the  municipal  fire  department  or  departments  indicated to be those
  required to be trained and qualified under this  title  to  control  and
  extinguish  fires  related to the reported facilities and transportation
  of liquefied natural or petroleum gas, shall determine and report  what,
  if  any, programs are necessary to enable such municipal fire department
  or departments to be adequately prepared to control and extinguish  such
  fires  and  to protect persons and property within their municipality or
  municipalities who might be subject to such danger.
    4. The report of  the  department  shall  detail  the  capability  and
  preparedness,  or  lack  thereof, of such fire department or departments
  effectively to prevent or extinguish a fire at or related to any of  the
  reported  facilities,  or  in  connection  with  the  transportation  of
  liquefied natural or petroleum gas; proposals for further  training  and
  qualification of personnel which, if implemented, would enable such fire
  department    or    departments    effectively   to   carry   out   such
  responsibilities; and a detailed analysis of the cost  of  training  and
  qualification  of  such  municipal  fire  department personnel to do so,
  including those  related  to  additional  manpower,  new  or  additional
  equipment,  or training of such personnel, although not limited thereto.
  Such report, in its cost analysis and  in  making  recommendations  with
  respect thereto, shall report separately with regard to projected hiring
  of additional personnel, the purchase of new or additional equipment and
  supplies,  and  necessary training courses, on an initial and continuing
  basis, together with any  other  proposals  in  implementation  of  this
  section;  and,  in addition, shall make specific finding, with regard to
  the particular municipal fire department or departments involved,  which
  of said proposals is or are required to be implemented to be carried out
  to  comply  with  the requirements of subdivision three of this section,
  together with the reasonable cost thereof.
    5.  Notice  of  the  department's   determination   with   regard   to
  implementation  of  the  training and qualification requirements of this
  section and of the cost thereof shall be given to the utility  or  other
  person  subject  to this section under subdivision two hereof and to the
  municipal  fire  department  or  departments  identified  to   be   with
  jurisdiction  under  subdivision three hereof. If a hearing is requested
  within thirty days, a hearing shall be held promptly with regard to  the
  program  and  the  cost  thereof  and, on the basis of the record of the
  hearing the department, by its commissioner, may modify the program  and
  adjust the cost thereof to be charged against the utility, utilities, or
  other persons subject to this title in accordance with the provisions of
  subdivisions  two and three of section 23-1715. Such cost, as related to
  the training and qualification requirements of this title  may,  at  the
  option  of  the  department, be paid to the department under subdivision
  three of section 23-1715, or by the utility or other person directly  to
  the   chief   fiscal   officer   or  officers  of  the  municipality  or
  municipalities involved pursuant to this section;  and,  in  any  event,
  shall  be  expended only on programs thus approved by the department for
  the purpose of carrying out the requirements of this section.
    6. Upon application for an environmental safety permit  under  section
  23-1707  or  for  certification  of a transportation route under section
  23-1713, the procedure of notification,  consultation,  and  report  and
  determination  with regard to municipal fire department training program
  and cost thereof shall  be  integrated  with  the  application  and  the
  determination  of  the department, if to grant the permit or certificate
  or certificates, shall include the determination thereof with regard  to
  implementation  of  the  training and qualification requirements of this
  section and the allocation of the cost  thereof,  with  respect  to  the
  particular permit or certificate or certificates granted, to the utility
  or other person subject to the requirements of this title.
    7.  In  the  event  that  more  than  one  utility  or other person is
  determined to be charged with the cost  of  training  and  qualification
  under  this  section,  said  charge or charges may be apportioned by the
  department between or among them on an equitable basis  related  to  the
  degree  to which each is responsible, based on the degree and complexity
  of the cost of training and qualification involved. In  no  event  shall
  the  department  of  environmental conservation, or its commissioner, by
  virtue of this section, be determined to have any jurisdiction over  the
  operation  or administration of any municipal fire department reimbursed
  under this title  and  section,  or  over  its  fire  fighting  methods,
  deployment  of  personnel,  fiscal  policies,  or  other  aspects of its
  administration. The department is authorized  to  promulgate  rules  and
  regulations necessary to effectuate the purposes of this section.
    8.  The  storage,  transportation, and conversion of liquefied natural
  and petroleum gas within the state, in view of its  extreme  volatility,
  high  flammability,  and  dangerous qualities if mishandled resulting in
  accidental release, is determined to be  hazardous  and  entails  strict
  liability  on  the part of any person, as defined under this title, that
  undertakes such activities in the state.  Neither  compliance  with  the
  requirements  of  this title, nor the exercise of due care, shall excuse
  any  such  person  from  liability  for  personal  or  property   damage
  determined  to  be caused by the accidental release of liquefied natural
  or petroleum gas within  the  state,  and  neither  proof  of  means  of
  ignition  nor distinctions between direct and consequential damage shall
  relieve such person of absolute liability without regard  to  intent  or
  negligence for any personal or property damage thereby caused.