19 NYCRR Part 425 - Department of State

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Source version current through Jun 30, 2022

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19 NYCRR 425.1 - Purpose

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NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Jun 30, 2022

Section 54-e of the State Finance Law, as enacted by Laws of 1978, chapter 741, provides for the State of New York to reimburse municipalities for their firefighting costs incurred while fighting a fire on property under the jurisdiction of the State of New York. This Part implements, that law and governs the application procedure and scope of coverage of the law.

19 NYCRR 425.2 - Definitions

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NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Jun 30, 2022

As used in this Part:

(a)Normal operating expenses shall mean those costs, losses and expenses which are ordinarily associated with maintenance, administration and day-to-day operations of the fire department of a municipality. Such expenses shall include, but not be limited to, the ordinary wages of firefighters, administrative and other overhead costs, depreciation, the costs of litigation and the costs of employees' benefits, including insurance, disability, death or health care, whether or not such costs are incurred as the result of firefighting services rendered to property under the jurisdiction of the State of New York.

(b)Firefighting costs shall mean those reasonable expenses and losses which would not have been incurred had not the fire in question taken place. Such costs shall include, but not be limited to, salaries for specially employed personnel, costs of supplies expended, and the lesser of (1) the cost of repairing any destroyed or damaged equipment, or (2) the value of such equipment immediately preceding the fire. Firefighting costs shall not include: normal operating expenses as defined herein, overtime pay, any firefighting cost for which the municipality is reimbursed under a policy of insurance, or any costs associated with false alarms, regardless of cause. Costs, as defined herein, would normally be incurred after the first call or alarm and would normally cease upon the first of the following: return to station, report in service and ready for further operations, or commence response to another incident.

(c)Claim shall mean that amount which is equal to those firefighting costs incurred by a municipality to the extent that such costs exceed the sum of $250.

(d)Fire shall mean any instance of destructive and uncontrolled burning on property under the jurisdiction of the State of New York, including scorch burns and explosions of combustible dust or solids, flammable liquids and gases, and shall include burning of personal property as well as structures, whether publicly or privately owned.

(e)Municipality shall mean any county, city, village, town or fire district, having a fire department consisting of personnel, apparatus and equipment, which has as its purpose protecting property and maintaining the safety and welfare of the public from the dangers of fire, or, in the case of a fire protection district or that portion of a town outside a village or fire district, a fire company as defined in section 3 of the Volunteer Firemen's Benefit Law. The personnel of any such fire department may be paid employees or unpaid volunteers, or any combination thereof. A fire company of a city, village or fire district shall not be a “municipality” for the purposes of this Part.

(f)Property under the jurisdiction of the State of New York shall mean real property, and improvements thereon and appurtenances thereto, in which the State of New York holds legal fee simple title, and further, any real property conveyed or made available to the New York State Housing Finance Agency or the Dormitory Authority of the State of New York under agreements for the financing and construction of facilities for the State University of New York; provided, however, with the exception of property occupied by the State University of New York, such property shall not include leasehold interest; provided further, such property shall not include any property for which a municipality receives any payments in lieu of taxes or any other payments, including real property taxes, that are or may be used for providing fire protection to such property.

Such payments shall include payments, from the State of New York or a public benefit corporation, received by a claimant municipality during such municipality's fiscal year in which the fire occurred, for the purpose of providing fire protection to such property.

(g)Secretary shall mean the Secretary of State or his designee.

19 NYCRR 425.3 - Report of fire

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Jun 30, 2022

State Finance Law, section 54-e(2)(a), requires a municipality whose fire department has responded to a fire on property under the jurisdiction of the State of New York to submit a report to the Secretary of State within 30 days after such fire. Such report shall consist of the information as is required in Appendix 6 of this Title (i.e., a basic field incident report, FRS-902F [¹/₇₆]) for such fire, which is made a part hereof, and a report of the firefighting costs incurred while fighting such a fire as provided for in section 425.4(c) and (d) of this Part.

19 NYCRR 425.4 - Submission of claim

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Jun 30, 2022

In making a claim, a municipality shall submit such information as is required in Appendix 6 of this Title (i.e., the basic field incident report, FRS-902F [¹/₇₆]), which is made a part hereof, and the following additional information:

(a)evidence that the person submitting the claim is authorized to do so on behalf of an eligible municipality (such as a certified copy of a resolution of the governing body);

(b)name and address of the State agency or public benefit corporation having jurisdiction over the property on which the fire occurred;

(c)an itemized list of firefighting costs;

(d)if there is a claim for damaged or destroyed equipment, the following information shall be submitted:

(1)three independent estimates of the cost of repairs, except where repairs are available from only one source, in which case one estimate shall be submitted;

(2)a statement of the depreciated value of such equipment immediately preceding the fire and immediately subsequent to the damage or destruction, including the method used to calculate depreciation;

(e)any insurance reimbursement claimed, received or expected to be received;

(f)a copy of any mutual aid agreement(s), or any fire protection agreement between the claimant and the State of New York or any public benefit corporation;

(g)such other information or documentation as the Secretary of State considers relevant to those considerations to be made in determining the amount authorized for payment; and

(h)a signed and sworn statement by the authorized official that the information and documentation provided in support of the claim are true and accurate to the best of his knowledge and belief.

19 NYCRR 425.5 - Calls for assistance

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NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Jun 30, 2022

Expenses and losses incurred in responding to a call for assistance pursuant to section 209 of the General Municipal Law, to the extent that they constitute firefighting costs and are otherwise eligible, may be claimed only if reimbursement pursuant to subdivision 2, 3 or 4 of such section is not claimed. Proper amounts paid by a city, town (in relation to territory in the town located in a fire protection district, fire alarm district or territory in the town outside any village, fire district, fire protection district or fire alarm district), village or fire district, pursuant to subdivision 2, 3 or 4 of section 209 of the General Municipal Law, as a result of a call for assistance, may be claimed to the extent such payments are for firefighting costs and are otherwise eligible.

19 NYCRR 425.6 - Amended claims

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NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Jun 30, 2022

Any time prior to certification or denial of such claim by the Secretary of State, a municipality may submit additional information concerning its claim or amend its claim. An amended claim shall be treated for all purposes as a new claim.

19 NYCRR 425.7 - Reconsideration

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NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Jun 30, 2022

Any time prior to payment or denial of such claim, the Secretary of State or his designee may reconsider the determination of any claim upon the discovery of additional material evidence.

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