Relates to enhancing fire safety on state property

BILL NUMBER:S4280

Title of bill

An act to amend the executive law and the penal law, in relation to enhancing fire safety on state property

Purpose of Bill:

This bill would amend the Executive Law and the Penal Law to designate the Office of Fire Prevention and Control (OFPC) as the permitting authority for the display of fireworks and use of pyrotechnics on all state property.

Summary of Provisions:

Section one of the bill would amend Executive Law § 156(1) to authorize OFPC to issue permits and enforce provisions of the Penal Law with respect to fireworks and pyrotecnics on state property, unless such authority has been delegated to the custodial state agency, pursuant to the rules and regulations of the OFPC.

Sections two and three of the bill would amend Penal Law §§ 405.00 and 405.10(1)(n) and (4) to authorize OFPC to issue permits for the display of fireworks use of pyrotechnics on state property on state property.

Section four of the bill would provide an immediate effective date.

Existing Law:

Currently, permits for fireworks displays and pyrotechnics on state property are issued by the Office of Parks, Recreation and Historic Preservation, if conducted on state park property. In all other cases, the permitting authority is the local government, even if the fireworks display is to take place on state property.

Prior Legislative History:

Similar bills were introduced in the Senate in 2008 (S.7419) and 2009 (S.4019).

Statement in Support:

There is no uniform system for permitting fireworks and/or pyrotechnics. Some local governments do not currently issue permits for such displays, and some of the local governments that do issue such permits - including permits for displays on state property - do not have the expertise, resources or processes to ensure that the permits are issued in conformance with the Penal Law and State Fire Code.

In 2012, OFPC became aware of fireworks and /or pyrotechnic displays on state property where the custodial state agency could not obtain a permit in compliance with the requirements of the Penal Law. OFPC assisted a number of these agencies to assure that safe and legal displays of fireworks and/or pyrotechnics took place. For example, the State University of New York was unable to obtain a permit for a

fireworks display on one of its campuses, because the town did not have an established local permitting process.

The permitting requirements in the Penal Law and the safety criteria in the Fire Code have become more complex. OFPC has the requisite technical expertise and resources to issue permits for the display of fireworks and use of pyrotechnics on state property to ensure that they are safely conducted in accordance with the Penal Law and the Fire Code. Further, establishing a single state agency with the expertise and responsibility to make these permitting decisions is not only more efficient, but will bring consistency to how these displays are conducted on state property.

Budget Implications:

OFPC would perform these permitting functions within existing resources. Moreover, this proposal would have a positive impact on local governments by alleviating their responsibility to issue permits for the use of fireworks and pyrotechnics on state property.

Effective Date:

This bill would take effect immediately.