Authorizes the office of fire prevention and control to establish standards for the conducting of live fire exercises

Summary of provisions

Section 1 of the bill would define the following terms: "live fire," "acquired structure," "live fire training evolution" and "training center burn building."

Section 2 of the bill would authorize OFPC to: (1) establish standards for the use of acquired structures during live fire training evolutions; (2) establish standards governing the manner in which such training is conducted; (3) establish training standards for conducting and participating in such training; and (4) conduct an investigation into a live fire training evolution that resulted in a serious injury or fatality. It also would require the chief fire official of the fire department or company that conducted the training to notify and submit a written report to OFPC whenever a serious injury or fatality occurs during a live fire training evolution.

Section 3 sets forth an effective date of September 12, 2012.

Existing law

Executive Law § 156-c-1 prohibits the use of a live victim for firefighter training under live fire conditions, and provides for a civil penalty for any fire department that does not comply with the law. Presently, there are no State standards governing the conduct of live fire training evolutions.

Prior legislative history

Similar bills were introduced in 2003 (S.5175/A.8132) and 2005 (S.7958), but did not pass in either house. In 2007, a similar bill was introduced in both houses (A.7954A/S.4839A) and passed the Assembly.

Statement in support

Live fire training is an essential part of a firefighter's training and education, but it may be conducted by individuals lacking appropriate training and education and without complying with safety

standards for conducting such activities. These deficiencies became apparent as a result of two live fire training events that resulted in injuries to firefighters and a bystander, and in one case, the death of a firefighter.

In 2001, one firefighter in Oneida County was killed and two firefighters were seriously injured during a practice burn. The firefighter who died was nineteen years old, had no training and had been a member of the fire department for only three weeks. The assistant fire chief in charge of the training operation was convicted of criminally negligent homicide. In 2002, ten firefighters and a young civilian were injured in Montgomery County when the building used in a practice burn exploded. Property damage to neighboring residential structures also occurred.

Following tragedies such as these, several states have adopted standards for conducting live fire training evolutions. The State Fire Administrator does not have the authority to regulate this type of activity. While there is at least one national standard (NFPA 1403) which, if followed, could have prevented the tragedies described above, fire departments in New York are not required to follow it. New York needs to enhance firefighter safety during live fire training by establishing standards for live burn structures, establishing supervision by appropriate individuals a11d requiring minimum training standards.

In 2009, the Department of Environmental Conservation ("DEC") adopted a regulation, 6 NYCRR Part 215, which prohibits open burning, with a few exceptions, including firefighter training performed under applicable rules and guidelines of OFPC. OFPC has established guidelines that require compliance with NFPA 1403, governing live fire training. This bill would either strengthen OFPC's ability to require compliance with NFPA 1403 and assist DEC in improving environmental quality.

Budget implications

This bill would have no State budgetary impact. Local governments would be required to: (1) ensure that certain firefighters and supervisors are trained to minimum standards established by OFPC; (2) prepare the acquired structure for the live fire training evolution, which includes the removal of safety and environmental hazards; and (3) notify and submit a report to OFPC of a serious injury or death that occurs as a result of the live fire training. OFPC would provide the training and technical guidance at no cost to the local governments and fire departments.

Effective date

This bill would take effect on September 1, 2012.