Rockland, state officials propose fire safety improvement laws after tragedies

Gannett

POMONA − Seven people killed in two Rockland fires since March 2021 have moved county officials and state legislators to propose statewide fire safety measures aimed at better protecting residents and first responders.

The package of nine proposals includes money for the enforcement of fire and building codes; creating felony crimes against landlords for reckless endangerment of emergency personnel and people injured as a result of code violations; adding unpaid violations to tax bills; and setting staffing levels for municipal inspectors.

The proposals also include increasing disability payments for volunteer firefighters and ambulance corps personnel, as well as increasing state grants and reimbursement to $100 million for 911 communications.

Rockland County Executive Ed Day speaks about several fire safety bills supported by several elected officials in a bipartisan effort at the Rockland County Fire Training Center in Pomona March 15, 2024.
Rockland County Executive Ed Day speaks about several fire safety bills supported by several elected officials in a bipartisan effort at the Rockland County Fire Training Center in Pomona March 15, 2024.

The state lawmakers vowed to push their Assembly and Senate colleagues to adopt the measures and urge leaders to lobby the governor to sign any measure into law.

Bipartisan effort geared toward change

Those attending a news conference on Friday morning noted the measures were long overdue. New York state has been one of the national leaders in fire deaths.

Attending the news conference at the Rockland Fire Training Center to announce the bipartisan effort were County Executive Ed Day, Fire and Emergency Services Director Chris Kear, County Attorney Thomas Humbach, along with New York State Senators Bill Weber and Pete Harckham, and Assembly Members Ken Zebrowski, John McGowan, Chris Eachus and Karl Brabenec.

Day, fire officials and lawmakers noted the death of Spring Valley Fire Department Lt. Jared Lloyd and a resident in March 2021 at an adult home inferno and five people, including two children, in a Lake Street house in Spring Valley in March 2023

“I am so sorry we’re seven lives behind in Rockland County and hundreds behind across the state,” Assemblyman Christopher Eachus said. His district includes Stony Point and Orange County.

Lawmakers and fire officials said they hope the collaborative efforts bear fruit.

Rockland County Executive Ed Day speaks about several fire safety bills supported by several elected officials in a bipartisan effort at the Rockland County Fire Training Center in Pomona March 15, 2024.
Rockland County Executive Ed Day speaks about several fire safety bills supported by several elected officials in a bipartisan effort at the Rockland County Fire Training Center in Pomona March 15, 2024.

“This is our government working at its best, with members from across the aisle coming together to fight for common sense legislation that will save lives,” Eachus said. “I’m thankful that we are working to address this critical issue and look forward to advancing this legislation in Albany.”

No. 1 in a category no one wants

James Hartwick, commissioner of the Nyack Fire Department, leads the Legislative Committee of the Rockland County Firefighters Association and noted the death toll from fires and a major reason is lack of enforcement.

“New York state prides itself in being number one in a lot of categories, but we are now number one in the worst category possible,” Hartwick said. “We are number one for the number of fire deaths nationwide. A lot of this is promulgated by the lack of code enforcement.”

Day said the collaboration has been ongoing for several months with the state officials as they came up with the proposals and a game plan to win passage.

Day noted the county government does the building inspections, code enforcement, and prosecution violations for Spring Valley on orders from the State Department of State since early 2022. The state seized control of the village building department responsibilities in November 2021 after decades of dysfunction and complaints.

“We are all aware of the housing challenges this county faces,” Day said. “Challenges – which are decades in the making – and reaching a breaking point. One thing is clear … more needs to be done.”

Day: County has made progress, learned

Rockland County, through its Office of Building and Codes, has been responsible for enforcing state fire and safety codes at Spring Valley properties since November 2021. The state Department of State seized control of the village’s Building Department.

While Day said the county has made some progress, there have been lessons learned that went into some of the proposals being considered by the state.

The lawmakers said they’ve learned from past rejections and chose ideas that have a good chance for passage. They noted many state officials oppose solutions because they don’t work for their districts.

Rockland fines are up to $2,000 a day. But officials noted the penalty for landlords for not curing violations from judges is far less. Advocates contend the fines for violations in some courts amount to the cost of doing business for the landlord.

“More needs to be done to save lives,” Day said. “We are trying to come up with bills that are passable.”

Some of the proposals have died on the vine in Albany, where areas of the state have different needs.

ROCKLAND COUNTY Emergency Services Director Chris Kear speaks about several fire safety bills supported by several elected officials in a bipartisan effort at the Rockland County Fire Training Center in Pomona March 15, 2024.
ROCKLAND COUNTY Emergency Services Director Chris Kear speaks about several fire safety bills supported by several elected officials in a bipartisan effort at the Rockland County Fire Training Center in Pomona March 15, 2024.

Tragedy spurs action

“Many of these proposals have been lingering in Albany for five to 10 years,” said Kear, a retired firefighter and coordinator of the Rockland Office of Fire and Emergency Services. “This is about holding people accountable. Many of these options came after tragedies.”

Assemblyman Kenneth Zebrowski, D-New City, said the solutions are obvious, starting with enforcing fire and zoning codes on the town and village levels. He said municipalities must get the tools and money to do the “right thing” by residents and first responders.

“The package of legislation − and we know we can’t fix all the problems − will go a long way to increasing vigilance,” Zebrowski said.

New York State Assemblyman Ken Zebrowski speaks about fire safety bills supported by several elected officials in a bipartisan effort at the Rockland County Fire Training Center in Pomona March 15, 2024.
New York State Assemblyman Ken Zebrowski speaks about fire safety bills supported by several elected officials in a bipartisan effort at the Rockland County Fire Training Center in Pomona March 15, 2024.

In Rockland County and across the state, residential fires continue to have a serious impact on the lives of New Yorkers,” Zebrowski said. “This package of bills will ensure that governments have the powers and resources they need to take on bad actors, ensure buildings are safe for residents, and prevent future fires.”

Stony Point Fire Chief Kurt Mulligan said entering buildings that have been illegally altered inside with added rooms and walls is a danger firefighters should not have to face. Mulligan is president of the Rockland County Firefighters Association.

New York State Senator Pete Harckham speaks about several fire safety bills supported by several elected officials in a bipartisan effort at the Rockland County Fire Training Center in Pomona March 15, 2024.
New York State Senator Pete Harckham speaks about several fire safety bills supported by several elected officials in a bipartisan effort at the Rockland County Fire Training Center in Pomona March 15, 2024.

“No firefighter wants to see tragedy in their communities,” he said, adding stronger laws and penalties are needed. “Protecting the public and keeping firefighters safe takes a comprehensive, multifaceted approach.”

While several municipalities have dismissed inspectors and code enforcement officers, Rockland County Attorney Thomas Humbach said the provision allowing the state to set staffing standards would ease that problem. He and Zebrowski said the state can regulate the number of inspectors in the name of public safety.

Humbach noted the state can already regulate staffing levels at nursing homes, jails and other institutions. So setting staffing for local governments will pass legal muster, he said.

Rockland County Attorney Thomas Humbach speaks about several fire safety bills supported by several elected officials in a bipartisan effort at the Rockland County Fire Training Center in Pomona March 15, 2024.
Rockland County Attorney Thomas Humbach speaks about several fire safety bills supported by several elected officials in a bipartisan effort at the Rockland County Fire Training Center in Pomona March 15, 2024.

The bills are:

  1. A4430 / S2986 State assistance to local governments for the enforcement of fire prevention and building codes using monies paid into the code enforcement account.

  2. A2776 / S3458 Establishes the crimes of reckless endangerment of an emergency service person in the first and second degrees (Felony).

  3. A3097 / S.4713 Authorizes municipalities in the county of Rockland to add unpaid housing code violation penalties, costs and fines to such municipalities’ annual tax levy.

  4. A5991/ S5436 Increases benefits for volunteer firefighters and volunteer ambulance workers.

  5. A6290 / S4560 Enhanced 911 – Communication enhancements by increasing state grant and reimbursements to $100 million for development, consolidation, or operation of public safety communications systems.

  6. A5618 / S3354 Bill that if Secretary of State is notified that a municipality is not providing administration & enforcement of the Uniform Fire Prevention & Building Code that complies with minimum standards the SOS may investigate & conduct hearings into alleged failure of local code enforcement. Essentially codifies what SOS did in Spring Valley.

  7. A8616 / S8598 Minimum staffing levels for agencies enforcing the minimum standards under the New York State Uniform Fire Prevention and Building Code Act.

  8. A9256 Civil Penalties resulting from a violation related to the condition or use of real property may be applied against another property in rem.

  9. Aggravated Offenses Property owner can be charged with a Class D Felony if a person suffers serious physical injury as a result of a violation of a provision of the uniform fire prevention and building codes

Steve Lieberman covers government, breaking news, courts, police, and investigations.

Reach him at slieberm@lohud.com Twitter: @lohudlegalRead more articles and bio. Our local coverage is only possible with support from our readers.

This article originally appeared on Rockland/Westchester Journal News: Rockland, NY officials push fire safety measures after tragedies