Counter
Safety Ropes

The New York State Labor Department has begun to cite Fire Departments in New
York State for violations of a recently enacted statute requiring that proper
procedures be in place to prepare for the purchase of bail out and evacuation
equipment for interior firefighters.

The statute required a Risk Assessment be accomplished by March 27, equipment be
purchased by April 20 and training on the use of such equipment be commenced by
June 27 of this year. Fire Departments and volunteer emergency response groups
have sought clarity regarding the law and regulation without success. A lawsuit was
initiated by major response groups to declare the law and regulation arbitrary and
capricious.

While for some departments bail out ropes are the clear choice for proper protection,
other departments have limited multi story structures in their coverage area. This new
statute makes no distinction between the requirements of sparse versus dense
population, and effectively precludes many existing mutual aid agreements.

Litigation continues which would strike down the statute, but another remedy,
supported by The New York State Association of Fire Chiefs, Fireman's Association
of the State of New York and the Association of Fire Districts of New York State, is
legislation sponsored by Senator Craig Johnson and Assemblyman Marc Alessi.

Senate Bill 6045 and Assembly Bill 9000 would add a new dimension to existing law
allowing for the continued protection of firefighters trapped above grade while allowing
Departments to use a variety of solutions to adapt their specific needs to a panoply of
equipment choices, training, and response tactics including but not limited to bail out
ropes.

FASNY is asking our members to communicate with their legislators expressing their
support and to urge swift passage. This legislation dose not remove the old
requirements, but would mitigate them, and create a period whereby a new
assessment could include existing and new solutions to firefighter safety above grade.

Swift passage of this statute is necessary to protect those that have been cited.
Labor Department officials are required to enforce the statute but are unable to
interpret the law when specific situations dictate a consideration of coverage diversity.

You can help us by clicking on the Take Action! link at the top of this message to
contact your state legislators and urge them to support the passage of these bills.