Section 481.
§ 481. Department; commissioner. There shall be a fire department
the head of which shall be the commissioner.
Section 482.
§ 482. Chief may be designated as commissioner. The mayor may
designate the chief of the fire department to serve as commissioner, and
in such case he shall exercise the powers and duties of commissioner and
shall continue to exercise his powers and duties as chief and shall
receive the salary of the commissioner. While serving as commissioner
the chief shall forfeit none of his pension rights and privileges as
chief or his civil service status, and such service and the time during
which he so serves shall be part of his time and service as chief. Such
designation as commissioner shall be in writing filed in the office of
the department and in the office of the mayor.
Section 483.
§ 483. Deputies. The commissioner may appoint three deputies, one of
whom may perform all the duties and exercise all of the powers of the
commissioner except appointment or promotion, detail or dismissal of any
member of the uniformed force when thereunto authorized by instrument in
writing to be filed in the offices of the mayor and the comptroller.
Section 484.
§ 484. Designation of officers to act. The commissioner may
designate a clerk or chief of a bureau, who shall have power, when
thereunto authorized by the commissioner by instrument in writing to be
filed in the offices of the mayor and comptroller, to sign warrants and
perform such other duties incidental thereto as may be required during
the absence of the commissioner, and for a period of time to be
designated in the instrument.
Section 485.
§ 485. Seal. The commissioner may adopt a seal for the department
and direct its use.
Section 486.
§ 486. Treasurer. The commissioner shall be the treasurer of the
department and shall file in the office of the comptroller a bond for
the faithful performance of his duties as such treasurer.
Section 487.
§ 487. Powers. a. The commissioner shall have sole and exclusive power
and perform all duties for the government, discipline, management,
maintenance and direction of the fire department and the premises and
property in the custody thereof, however, the commissioner shall provide
written notice with supporting documentation at least forty-five days
prior to the permanent closing of any firehouse or the permanent removal
or relocation of any fire fighting unit to the council members,
community boards and borough presidents whose districts are served by
such facility or unit and the chairperson of the council's public safety
committee. For the purposes of this section, the term "permanent" shall
mean a time period in excess of six months. In the event that the
permanent closing of any firehouse or the permanent removal or
relocation of any firefighting unit does not occur within four months of
the date of the written notice, the commissioner shall issue another
written notice with supporting documentation prior to such permanent
removal or relocation. The four months during which the written notice
is effective shall be tolled for any period in which a restraining order
or injunction prohibiting the closing of such noticed facility or unit
shall be in effect.
b. The department shall have sole and exclusive power and authority to
extinguish fires at any place within the jurisdiction of the city and
shall have power and authority to extinguish fires upon any vessel in
the port of New York or upon any dock, wharf, pier, warehouse or other
structure bordering upon or adjacent to such port.
c. The commissioner shall have power to cause any vessel moored to or
anchored near any dock or pier in the city to be removed to and secured
at such place in the harbor as shall be designated by the commissioner,
provided that such vessel shall be on fire or in danger of catching fire
or may be, by reason of its condition or the nature of its cargo, a fire
menace to shipping, to property or to the water front of the city.
d. The commissioner shall have sole and exclusive jurisdiction over
the approval of the installation of all containers for combustibles,
chemicals, explosives, inflammables or other dangerous substances,
articles, compounds or mixtures, except storage tanks and auxiliary
storage tanks for oil-burning equipment and except where the location of
the container may affect the structural condition of the building, in
which case the commissioner shall not give his approval without the
approval of the commissioner of buildings. The commissioner shall
certify his approval of all installations of containers in buildings
except storage tanks and auxiliary storage tanks for oil-burning
equipment to the commissioner of buildings.
e. The commissioner shall have the sole and exclusive power from time
to time to designate and fix the location of all fire alarm telegraph,
signal and alarm stations in the city, and shall have access to and
control of the same for the purpose of the department.
f. The department shall have the power and authority to provide
general ambulance services, emergency medical services and other
response services necessary to preserve public health, safety and
welfare, and to perform any functions relating to the provision of such
services. This subdivision shall not be construed to limit or impair the
powers of any other agency established pursuant to this charter.
g. The department shall have the power and authority to regulate
helicopter landings and takeoffs at or from locations other than
airports, heliports or other facilities approved by the commissioner of
small business services, helicopter external load lift operations,
seaplane landings and takeoffs at or from seaplane bases approved by the
commissioner of small business services, and hot air balloon operations.
This subdivision shall not be construed to limit or impair the powers of
any other agency established pursuant to this charter, except to the
extent that the aforementioned powers granted to the department were
previously exercised by the commissioner of small business services.
Section 488.
§ 488. Enforcement of fire laws. The commissioner shall have the
power and it shall be his duty to enforce all laws and the rules and
regulations of the board of standards and appeals in respect to:
1. The manufacture, storage, sale, transportation or use of
combustibles, chemicals, explosives, inflammable or other dangerous
substances, articles, compounds or mixtures.
2. The investigation of the cause, circumstances and origin of fires
and the suppression of arson.
3. The prevention of fires or danger to life or property therefrom,
excluding provisions relating to structural conditions and excluding
provisions relating to the installation of oil-burning equipment and all
appurtenances thereof.
The powers conferred by this section shall not extend to the
enforcement of any provision of the health code or the regulations of
the board of health, or of any provision of the building code relating
to the construction or alteration of buildings or the installation of
service equipment, except as otherwise provided therein, or interfere in
any manner with the powers and duties of the board of health or the
chairman of the board of health or of the department of buildings or of
the commissioner of buildings.
Section 489.
§ 489. Regulation of combustibles, etc. The commissioner may make
and enforce rules and regulations for the manufacture, storage, sale,
transportation or use of combustibles, chemicals, explosives,
inflammables or other dangerous substances, articles, compounds or
mixtures.
Section 490.
§ 490. Powers of inspection of the commissioner. a. The
commissioner is empowered to:
(1) Cause any building, structure, tunnel, enclosure, vessel, place
or premises to be inspected for fire hazards by any officer or employee
of the department designated for such purpose.
(2) Inspect and test any automatic or other fire alarm system or fire
extinguishing equipment.
b. Whenever in any investigation or inspection carried on by the
department a condition is found which in the opinion of the commissioner
should be referred to any other department, he shall promptly make such
reference in writing.
Section 491.
§ 491. Orders of the commissioner; enforcement. a. The commissioner
shall have the power and it shall be his duty:
(1) To order in writing the remedying of any condition in violation
of any rule or regulation or any provision of law which he is empowered
to enforce.
(2) To cause any order of the commissioner which is not complied with
within the time fixed in the order for such compliance to be enforced
and to take proceedings for the enforcement thereof as may be provided
by law.
b. Every order, requirement, decision or determination of the
commissioner shall be in writing. The commissioner shall not vary from
or take any proceeding or issue any order contrary to the Labor Law, the
Multiple Dwelling Law, the building code or any other provision of law
or any rule or decision of the board of standards and appeals.
Section 492.
§ 492. Right of entry of officers of the department. The
commissioner and his deputies and such other officers or employees of
the department as are authorized by the commissioner may without fee or
hindrance enter and inspect all vessels, premises, grounds, structures,
buildings and every part thereof and all underground passages of every
sort in the city or in the port of New York for compliance with the
provisions of law or rules and regulations enforced by the department.
Any refusal to permit such entry or inspection shall be triable by a
judge of the New York city criminal court and punishable by not more
than thirty days' imprisonment, or by a fine of not more than fifty
dollars, or both.
Section 494.
§ 494. Duties of chief; restriction. Notwithstanding any
inconsistent provision of any general, special or local law, or rule or
regulation, a chief of the fire department shall not serve in any other
capacity to the department during his term of office of chief. Any
person violating the provisions of this section shall be deemed to have
vacated the office of chief so held.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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