Title 19 Part 425

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.

As used in this Part:

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.

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.

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:

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.

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.

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.