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HomeMy WebLinkAboutMN-BFC-2009-07-28CITY OF ITHACA 310 West Green Street Ithaca, New York 14850 -5497 OFFICE OF THE FIRE CHIEF Telephone: 607/272 -1234 Fax: 607/272 -2793 - -- NOTICE - -- THE REGULAR MEETING OF THE ITHACA BOARD OF FIRE COMMISSIONERS WILL BE HELD ON: TUESDAY, JULY 28, 2009 AT 6:00 P.M. AT THE ITHACA CENTRAL FIRE STATION 310 W. GREEN ST., ITHACA, NY "An Equal Opportunity Employer with a commitment to workforce diversification." t. 0 CITY OF ITHACA 310 West Green Street Ithaca, New York 14850 -5497 OFFICE OF THE FIRE CHIEF Telephone: 607/272 -1234 Fax: 607/272 -2793 - -- NOTICE - -- THE REGULAR MEETING OF THE ITHACA BOARD OF FIRE COMMISSIONERS WILL BE HELD ON: TUESDAY, JULY 149 2009 AT 6:00 P.M. AT THE ITHACA CENTRAL FIRE STATION 310 W. GREEN ST., ITHACA, NY "An Equal Opportunity Employer with a commitment to workforce diversification." Op ITHACA BOARD OF FIRE COMMISSIONERS JULY 28, 2009 AGENDA I. CALL TO ORDER II. APPROVAL OF MINUTES III. ADDITIONS/DELETIONS TO THE AGENDA A. ELECTION OF BOARD MEMBERS B. PARTING RECOGNITION FOR BOB ROMANOWSKI AND PAUL ALEXANDER C. BUDGET IV. PERSONS WISHING TO SPEAK TO BOARD OF FIRE COMMISSIONERS V. CORRESPONDENCE VI. MEMBERSHIP CHANGES VII. MISCELLANEOUS REPORTS: A. TOWN OF ITHACA B. CITY OF ITHACA C. AUDIT D. TOMPKINS COUNTY FIRE ADVISORY BOARD VIII. DEPARTMENT REPORTS: A. CHIEF B. DEPUTY CHIEF /TRAINING C. FIRE PREVENTION - Codes Division - Fire Investigation Unit - Juvenile Firesetters Program - Public Education IX. OLD BUSINESS X. NEW BUSINESS.,";b>���� XI. EXECUTIVE SESSION o XII. ADJOURN ITHACA BOARD OF FIRE COMMISSIONERS JULY 14, 2009 AGENDA I. CALL TO ORDER II. APPROVAL OF MINUTES III. ADDITIONS/DELETIONS TO THE AGENDA ELECTION OF BOARD MEMBERS IV. PERSONS WISHING TO SPEAK TO BOARD OF FIRE COMMISSIONERS V. CORRESPONDENCE VI. MEMBERSHIP CHANGES VII. MISCELLANEOUS REPORTS: A. TOWN OF ITHACA B. CITY OF ITHACA C. AUDIT D. TOMPKINS COUNTY FIRE ADVISORY BOARD VIII. DEPARTMENT REPORTS: A. CHIEF B. DEPUTY CHIEF /TRAINING C. FIRE PREVENTION - Codes Division - Fire Investigation Unit - Juvenile Firesetters Program - Public Education IX. OLD BUSINESS X. NEW BUSINESS XI. EXECUTIVE SESSION XII. ADJOURN ITHACA BOARD OF FIRE COMMISSIONERS JUNE 9, 2009 MINUTES PRESENT: Commissioners Romanowski, Alexander, Gilligan, Hoard and Kelly. I. Chair Romanowski called the meeting to order at 1803 hrs. II. Approval of Minutes Moved by Chair Romanowski, seconded by Comm. Hoard and voted unanimously. III. Additions /Deletions to the Agenda: Resolution for Fire Police IV. Persons wishing to speak to the Board of Fire Commissioners: None V. Correspondence: The Board of Fire Commissioners bank statement from Tompkins County Trust Company Donation Account showed a balance of $1,045.57. VI. Membership Changes: None VII. Miscellaneous Reports: Town of Ithaca - Given to Clerk Flynn City of Ithaca - None Audit - Complete Tompkins County Fire Advisory Board - No Report VIII. Department Reports A. Chief's Report (see complete written report in Minute Book). Chief Wilbur offered highlights of his report and answered questions as follows: All Civil Service test scores are in and the eligible lists have been received. The next steps in the office reorganization process will occur as soon as possible. BOARD OF FIRE COMMISSIONERS JUNE 9, 2009 PAGE 2 FF John Cook is retiring at the end of the month and the Department has the approval to hire a replacement. 800 MHz System: The system continues to operate well. Currently the conversion is being worked on to convert to single tone paging for all of IFD's pagers. Grants and Donations: Assistance to Firefighter Grants: DC Parsons compiled information for a grant proposal to equip first line apparatus with mobile radio repeaters. These repeaters would allow us to use analog channels in high -noise environments where digital channels do not work as well. The amount requested for this 2009 AFG proposal was $115,000. AFG grants for communities our size require a ten percent match. The American Recovery and Reinvestment Act of 2009: After reading through the guidelines, it was decided that we would not be very competitive. Training Center Project Funding: Next steps include continued research to determine designation of land where training center is located. Additional work will be required if this is dedicated as park lands. Staffing for Adequate Fire and Emergency Response (SAFER) Grant: The application period for SAFER grants will not open until the fall, which is a change from the past. At this time, Chief Wilbur has not spoken to Herb Engman and he doesn't know how Herb will feel about additional employees. Usage reports on the Training Center are included in the BOFC packets. B. Deputy Chiefs Report (see complete written report in Minute Book). DC Dorman offered highlights of his report and answered questions as follows: Two firefighters are on Administrative Leave. One will be returning on June 11, 2009. BOARD OF FIRE COMMISSIONERS JUNE 9, 2009 PAGE 3 The 2 new pumpers are on schedule and should be here in August. C. Fire Prevention Bureau (see complete written report in Minute Book) Due to DC Parsons' absence, DC Dorman offered highlights and answered questions on his behalf as follows: FF Otis Jackson had a busy month writing parking violation tickets. IX. Old Business: None X. New Business A donation will be made in memory of Marjorie H. Wilbur. The donation will be made to the Cincinnatus Emergency Squad in the amount of $50. The donation will be taken out of the Donation Fund. Comm. Kelly personally matched the donation. Resolution for Fire Police: A copy of the proposed resolution can be found in the Minute book. An open discussion resulted in the decision to forward the resolution to the Fire Police to obtain their input. It is the BOFC's plan that the resolution will be returned for next month's BOFC meeting. Hearing no further business, the meeting adjourned at 1830 hrs. Sincerely, Randy L. Flynn, Clerk Board of Fire Commissioners (Minutes will be reviewed at the July 14, 2009 meeting) 0 CITY OF ITHACA 310 West Green Street Ithaca, New York 14850 -5497 OFFICE OF THE FIRE CHIEF Telephone: 607/272 -1234 Fax: 607/272 -2793 Monthly Report of the Fire Chief to the Board of Fire Commissioners, for the July 14, 2009, meeting. LIFE SAFETY DIVISION Administration 1) Career Personnel Report a) See Deputy Chief Dorman's report. b) Retirement I have given unofficial notice that I will retire. My last day of work will be 29 AUG 09. Specific details such as selection process, who will be acting chief, and other aspects related to this change, will be provided for next months meeting. b) Office Hiring No further action to report at this time. C) Recruitment Committee A Recruitment Committee is working to develop and implement strategies to attract as many qualified candidates to sit for the next civil service fire fighter examination as possible. This work is part of an overall effort to diversify the workforce of the Ithaca Fire Department to more accurately reflect the makeup of the community. Attached is a time line that is a work in progress. You will see that the short term effort culminates with a civil service exam to be offered 06 MAR 10. Mid- and long -term efforts are also apart of the project. 2) Operating Budget Status a) Please see the updated account balances sheet for 2009. 3) County Communications and 911 Program a) 800 MHz System: Purchases are being made for equipment necessary to bridge OPS 9 talk group communications to the IFD repeater located at the IC tower. `An Equal Opportunity Employer with a commitment to workforce diversification." r0«1 Fire Chief's Report for July 2009 14 JUL 09 Page 2 of 4 This will allow personnel responding with pagers (only) to hear fire ground communications during their response. b) Communications MOU between Tompkins County and the City of Ithaca: Nothing new to report at this time. 4) Grants and Donations a) Assistance to Firefighter Grants (AFG): Nothing new to report at this time. b) SAFER Grant: News reports indicate an agreement has been reached between federal authorities and fire service organizations for a change in the distribution formula for SAFER grants. The changes are intended to relieve some of the local match requirements, and to help communities avoid layoffs, or rehire fire fighters who have already been laid off. C) Child Safety Seat Program: A grant application for the 2009 -2010 fiscal year was submitted. We are awaiting notification of results. [Same as last month.] d) Training Center Project Funding: Next steps include continued research to determine designation of land where training center is located. Additional work will be required if this is dedicated as park lands. [Same as last month.] 5) City -Town Fire Contract Negotiation The next negotiations session is scheduled for 20 JUL 09, at 1030 hours, at City Hall. 6) Resource Recovery Legislation The, proposal remains at the City Attorney's Office for review. [same report as last month] 7) Foreign Fire Insurance Distribution Mayor Peterson has indicated she would like the Town's proposal (50150 split now, per capita after five years) to resolve the foreign fire insurance distribution dilemma to be a topic for the next negotiations session on the City -Town Fire Contract. [same report as last month] 8) Fire Department Management Software Acquisition Implementation efforts have been put on hold while various vendor and Information Technology Department issues are resolved. Fire Chief's Report for July 2009 9) Board Initiatives Outstanding 14 JUL 09 Page 3 of 4 You should have received an email from former Board Chair, Bob Romanowski. This email listed several initiatives that are not complete, and which he would like to assist in moving forward. His list is attached for your reference. Fire Prevention Bureau 1) Please see Deputy Fire Chief Parson's report of Fire Prevention Bureau activities for the month of June. Safety Section - No report. OPERATIONS DIVISION Response 1) Monthly Call Report See distributed reports for JUN 2009 and 2009 YTD. 2) Emergency Management a) City - Cornell Hazardous Materials MOU: At the operational level, both parties are happy with the MOU, including respective attorneys. A final version is being prepared now for a last review by the City Attorney, and signatures should be obtained by the end of June. This has been at least a twenty year effort. [same report as last month] Support 1) See Deputy Chief Dorman's reports. 2) Training Center Reports a) No report this month. 3) American LaFrance Preservation Proposal - No report. Training 1) See report from AFC Sheldon. Fire Chief's Report for July 2009 14 JUL 09 Page 4 of 4 2) AC /MTO Sheldon is currently reviewing training records along with service hours for compliance with mandates and policies. Those in arrears have been notified. He is working with each to consider current status and /or corrective action. [same report as last month] VOLUNTEER SERVICES DIVISION Recruitment and Retention 1) No report. Service 1) Summaries of Service Hours: Attached are reports showing active volunteer duty hours for JUN 2009 and 2009 YTD, as entered in the logs. Respectfully submitted, Brian H. Wilbur Fire Chief Attachments A q n 2 ,hill 3 00 ° • • • • • • • • • • • • • -0 • • • • • • ♦ • • • • • ♦ ♦ ♦ F m V1 VI VI V1 VI UI VI VI VI A A •P :P W W W W W W W •p N N N N N n M+ Y Y n .e A A A A A A A A A A ip > o o M 0 n w• 3 m o n v m< o m Y C?< m > ,'^, < < is a M m m m n C y m m 0 N jp m to _ to w m• n .Z' m » o m a N an w o Sr 3 J o w" m U, j w o" '< m F is .^. n O? 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CN . --- : Ni CN 4 ----- 4- ---- C,41 ----- - ..... 4 ------ CN: ------ ----- Ni ------ ----------- N. ------- --- ------ OO o 0: (D C: co Q): o LU LU V") 0: Q- ice; Ni > 0 V) — : V) C) C: 0 > E > 0 D CT U E: C) ui 7C). W LLJ c): 0: LL: cy W CL 0 U: 06 LLJ:.*:::: 06 0 i Ln 0: .5: :-5 : : v) 06: Ll: 0 0: 7C) 06 u E: D: V) D -C: (5: E; 0: Statistical Summary BOARD REPORT JUNE 2009 There are 38,980 records in the Incidents Table. Between Monday, June 1, 2009 and Tuesday, June ,0, 2009 there were 349 incidents. Currently there are an average of 11.63 incidents per day. Average response time for the department is 4.36 minutes. The average duration of an incident is 19.16 minutes. 20 15 10 5 0 60 50 40 30 20 10 0 Incidents by Hour of the Day im V I O O O O O O O r 'It O N N O O O O O r - r - - T - r NN N Incidents by Day of the Week . Lo SUN MON TUE WEU THU FRI SAT Dollar Loss by Hour of the Day Loss Statistical Summary BOARD REPORT JUNE 2009 There are 38,980 records in the Incidents Table. Between Monday, June 1, 2009 and Tuesday, June .,0, 2009 there were 349 incidents. Currently there are an average of 11.63 incidents per day. Average response time for the department is 4.36 minutes. The average duration of an incident is 19.16 minutes. 16000 14000 12000 10000 8000 6000 4000 2000 0 80 60 40 20 0 7 6 5 4 3 2 1 0 Dollar Loss by Day of the Week Loss A low SUN MON TUE W® THU FRI SAT Incidents by First Responding Unit 4- - (D O t1) (n N Cl) N r` O O O (o cD O O O M O rn rn rn rn rn M M M rn rn rn Average Response Time by Unit (D M LO LO N M co N r- p O O (D (D O O O M V O O O O O O O O O O O O Statistical Summary BOARD REPORT JANUARY - JUNE 2009 There are 38,980 records in the Incidents Table. Between Thursday, January 1, 2009 and Tuesday, ,une 30, 2009 there were 2,230 incidents. Currently there are an average of 12.32 incidents per day. Average response time for the department is 4.7 minutes. The average duration of an incident is 19.03 minutes. 120 100 80 60 40 20 0 350 300 250 200 150 100 50 0 Incidents by Hour of the Day iIVIIH i JIM O r N M dT 0 M r- M M O r N M 7 M CD I- M O O r N M O O O O O O O O O O T T r r r r r r r *- N N N N Incidents by Day of the Week I 7r 'f • • • • KLXIE e w A w A 14000 12000 10000 8000 6000 4000 2000 0 SUN MON TUE W® THU FRI SAT Dollar Loss by Hour of the Day MEN EN MEN Statistical Summary BOARD REPORT JANUARY - JUNE 2009 There are 38,980 records in the Incidents Table. Between Thursday, January 1, 2009 and Tuesday, ,une 30, 2009 there were 2,230 incidents. Currently there are an average of 12.32 incidents per day. Average response time for the department is 4.7 minutes. The average duration of an incident is 19.03 minutes. 20000 15000 10000 5000 0 600 500 400 300 200 100 0 7 6 5 4 3 2 1 0 Dollar Loss by Day of the Week s, r 1, SUN MON TUE WED THU FRI SAT Incidents by First Responding Unit (p M It to 0 N M M N r- LO M O '-t M O O O O O O O O M O I It co 'IT O M O O M M M O O O O) O M O M O M 6) Average Response Time by Unit M rn _ 1'7 n I A A I I I I I I (p Q) It M LO N co co N r- LO r M M It M O O O (O (O O O O co 't O It rt rt M V O O O O O O O O M M M O O O O O O O ITHACA FIRE DEPARTMENT BOARD OF FIRE COMMISSIONERS REPORT July 2009 PERSONNEL STAFFING LEVELS 1 Chief 2 Deputy Chiefs 5 Assistant Chiefs 8 Lieutenants 53 Fire Fighters 69 On duty personnel 0 Recruit Fire Fighters 1 Fire Fighter on Injury Leave 1 Fire Alarm Superintendent 1 Office Manager 1 Administrative Assistant 0.5 Financial Clerk Total employees as of 07/01/09 — 73.5 Open positions — None MUTUAL AID CALLS — From: Cayuga Heights (2), Lansing (2) To: Trumansburg, Lansing (2) SELECTED CALLS — On 6/2/09, 22:25 hours, C Shift did an excellent job at a structure fire on 921 Taughannock Blvd. The call involved a possible crime scene and the shift handled the situation in a very professional manner. On 6/25/09, 1030 hours, D Shift quickly extinguished a structure fire at 983 Taughannock Blvd. The fire is listed a suspicious. SUPPORT 40 Vehicle work orders were written and 1 1 were closed. The two new Pierce Pumpers are on schedule for deliver in August. TRAINING — See Attached report Submitted by: J. Thomas Dorman, Deputy Chief Date Printed: 7/9/09 Page 1 rn 0 (3) ca CL O '@l N O It i J�d N 7 o N O LO LO (O (n Lq (n (fi N LO Cl) qt O MO ^ N O ^ M 000 � ((D (DD O 00 000 N N 00 r LC) N r r+ d O O V/ C1 H r J J Q � .� Q a o O v d ■ N ,*��' 3 p L O C O � N 'T 0 D Or 00 00 LO O N 7 Z O Lq 0 rn 0 (3) ca CL O '@l O J�d o v a O d N O V/ r J J Q .� Q O C ■ N ,*��' 3 L O C O � N 'T D Or 00 00 LO N 7 O Lq Lq Ln M 00 LO L6 Lq r Lq LO 00 Cl) 3 LL J Q N 'IT � N o Lq �? 2 � O L Q � � �? r � � a0 N � O 0 +' Q M 'T 00 N CO .0.. 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IN!, -� , CO!C0 00 Wi-�'Cn: C) -4 N Cn CD '� L,) :0 —'N', Cn 00'W''CO' -� -�!N', N,- 'Y S D E P A R T M E N T O F S T A T E infdr ation July 13 N OFPC BULLETIN HIGH - VISIBILITY VEST RULE FINALIZED GOOD NEWS FOR THE FIRE SERVICE COMMUNITY OFPC is pleased to report that with very little fanfare on June 15, 2009 the Federal Highway Administration (FHWA) published a notice of Final Rule that adopts as final the Interim Final Rule that amends its regulations to address safety concerns raised by the firefighting community regarding high - visibility safety apparel. Back in November of 2008, there was a lot of confusion about the use of high- visibility vests at roadway incidents due to a new Federal Highway Administration (FHWA) Rule. The new regulation, Rule 634, stated that "All workers within the right -of -way of a Federal -aid highway who are exposed either to traffic (vehicles using the highway for purposes of travel) or to construction equipment within the work area shall wear high- visibility safety apparel." That regulation created a dilemma for fire departments who were truly interested in protecting their personnel. The training classes and material used by the Emergency Responder Safety Institute (ERSI) for years has suggested the use of high - visibility garments for public safety personnel when working around traffic. NFPA 1500, the Firefighter Health and Safety Standard has included a requirement for firefighters to wear safety vests at traffic incidents in the last two most recent editions. NIOSH Line of Duty Death Investigations have also included recommendations for responders to wear highly visible flagger vests when exposed to moving traffic. In the fire service community it was generally understood that the vests were not appropriate personal protective equipment (PPE) for personnel who were actively engaged in firefighting operations because those garments are not designed for exposure to fire, heat flame or hazardous materials. Rule 634, as originally published however did not outline any exemptions for firefighters engaged in direct firefighting operations and that created the dilemma. A cooperative effort was initiated by ERSI together with several national fire service organizations including the IAFC, NVFC, USIA, and IAFF to petition the FHWA to provide an official exemption for firefighters and other responders from wearing high - visibility vests when directly exposed to fire, flame, heat or hazardous materials. ERSI suggested that FHWA should allow firefighters to wear turnout gear that complies with NFPA standards when fighting fires. The organizations working together did a great job of educating and motivating other fire service groups and personnel to write to the FHWA about the problem and to submit similar comments to the national committee working on revisions for the Manual of Uniform Traffic Control Devices (MUTCD) to head off a similar problem in that document. Just hours before Rule 634 took effect in November of 2008, the FHWA published a Tentative Interim Rule that provided the necessary exemption for personnel engaged in active firefighting activities. Now, effective as of June 15, 2009 the FHWA has published the Final Rule that permanently adopts the wording in the Interim Rule that addressed the safety concerns raised by the firefighting community regarding high - visibility safety apparel. The final version of Rule 634.3 states "All workers within the right -of -way of a Federal -aid highway who are exposed either to traffic (vehicles using the highway for purposes of travel) or to construction equipment within the work area shall wear high - visibility safety apparel. Firefighters or other emergency responders working within the right -of -way of a Federal -aid highway and engaged in emergency operations that directly expose them to flame, fire, heat, and /or hazardous materials may wear retro reflective turn -out gear that is specified and regulated by other organizations, such as the National Fire Protection Association. Firefighters or other emergency responders working within the right -of -way of a Federal -aid highway and engaged in any other types of operations shall wear high - visibility safety apparel." 28160 Federal Register/Vol. 74, No. 113/Monday, June 15, 2009/Rules and Regulations [FR Doc. E9 -13874 Filed 6- 12 -09; 8:45 am] BILLING CODE 4910 -13 -P DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 634 [FHWA Docket No. FHWA - 2008 -0157] RIN 2125 -AF28 Worker Visibility AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Final rule. SUMMARY: The FHWA adopts as final an Interim Final Rule that amends its regulations to address safety concerns raised by the firefighting community regarding high - visibility safety apparel. The purpose of adopting the Interim Final Rule as final is to reflect the exemption of firefighters from the requirement to use high - visibility safety apparel, as defined in this rule, when they are exposed to hazardous conditions where the use of such apparel may increase the risk of injury to firefighter personnel. DATES: Effective Date: June 15, 2009. The interim rule became effective November 24, 2008. FOR FURTHER INFORMATION CONTACT: For technical information: Mr. Hari Kalla, Office of Transportation Operations, (202) 366 -5915. For legal information: Mr. Raymond Cuprill, Office of Chief Counsel, (202) 366 -0791, Federal Highway Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590 -0001. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access and Filing This document, the Interim Final Rule, and all comments received may be viewed online through http:// www.regulations.gov. Electronic submission and retrieval help and guidelines are available on the Web site. It is available 24 hours each day, 365 days each year. An electronic copy of this document may also be downloaded from the Office of the Federal Register's home page at: http: / /www.archives.gov and the Government Printing Office's Web page at: http: // www. access.gpo.gov /n ara. Background The FHWA published an Interim Final Rule on 23 CFR Part 634 on November 21, 2008, at 73 FR 70593. Interested persons were invited to submit comments to FHWA Docket No. FHWA- 2008 -0157. The Interim Final Rule revised existing regulations to address safety concerns raised by the firefighting community in order to provide an exemption for firefighters actively engaged in emergency operations where they are directly exposed to flame, fire, heat and /or hazardous materials. This rule has been in effect since November 24, 2008. Summary of Comments The FHWA received three comments to the docket from private individuals. The first commenter expressed his opinion that a statement contained in the background information of the Interim Rule created confusion and the false impression that a firefighter does not need to comply with the regulation if he is wearing an NFPA 1971 standard compliant garment. He recommended that this language be clarified to ensure the rule is interpreted correctly by all firefighters. The FHWA disagrees with this comment. The background information was included to justify the issuance of the Interim Final Rule due to safety concerns expressed by the firefighting community. However, the language in the Interim Final Rule is accurate and does not require modification. The second commenter supported the concept of the Interim Final Rule, but also expressed concern about the confusion that has resulted from the existence of several standards for high visibility garments and how they are being referenced in this rulemaking as well as a separate rulemaking in Docket No. FHWA- 2007 - 28977. This rulemaking proposes to revise the 2003 edition of the Manual on Uniform Traffic Control Devices. This comment does not require any response to this docket, but rather it will be considered in the analysis of comments to Docket No. FHWA- 2007 - 28977. The third commenter expressed the opinion that the Interim Final Rule should not have provided any exemptions for firefighters under any circumstances. In his opinion, the requirements contained in 23 CFR 634 should, in the interest of safety, apply to all firefighters all the time. Prior to the issuance of this Interim Final Rule, the FHWA was made aware of several competing safety issues that could develop under certain conditions with the high visibility garments that are currently available, such as having the background material either catch fire or melt when exposed directly to fire. The FHWA, therefore, did issue the exemption for firefighters and other emergency workers when they are working under the conditions specifically listed in the Interim Final Rule. This exemption should provide a balance of increasing the visibility of the workers under most conditions, but not create a condition that could endanger them with other hazards. Conclusion For the reasons stated above, the FHWA adopts as final the Interim Final Rule published on November 21, 2008, at 73 FR 70593. Rulemaking Analyses and Notices Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures The FHWA has determined that this final rule is not a significant regulatory action within the meaning of Executive Order 12866 and is not significant within the meaning of U.S. Department of Transportation regulatory policies and procedures. The economic impact of this rulemaking will be minimal. The final rule would not adversely affect, in a material way, any sector of the economy. In addition, the final rule would not interfere with any action taken or planned by another agency and would not materially alter the budgetary impact of any entitlements, grants, user fees, or loan programs. Consequently, a full regulatory evaluation is not required. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act (Pub. L. 96 -354, 5 U.S.C. 601 -612) the FHWA has evaluated the effects of this action on small entities and has determined that the action would not have a significant economic impact on a substantial number of small Federal Register/Vol. 74, No. 113/Monday, June 15, 2009/Rules and Regulations 28161 entities. This action does not affect any funding distributed under any of the programs administered by the FHWA. For these reasons, the FHWA certifies that this action would not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 This final rule would not impose unfunded mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub. L. 104 -4, 109 Stat. 48). This rule would not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $128.1 million or more in any one year (2 U.S.C. 1532). Executive Order 13132 (Federalism Assessment) This action has been analyzed in accordance with the principles and criteria contained in Executive Order 13132, and the FHWA has determined that this action would not have sufficient federalism implications to warrant the preparation of a federalism assessment. The FHWA has also determined that this action would not preempt any State law or State regulation or affect the States' ability to discharge traditional State governmental functions. Executive Order 13211 (Energy Effects) We have analyzed this action under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use, dated May 18, 2001. We have determined that it is not a significant energy action under that order since it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, a Statement of Energy Effects is not required. Executive Order 12372 (Intergovernmental Review) Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501), Federal agencies must obtain approval from the Office of Management and Budget for each collection of information they conduct, sponsor, or require through regulations. The FHWA has determined that this rule does not contain collection of information requirements for the purposes of the PRA. Executive Order 12988 (Civil Justice Reform) This action meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Executive Order 13045 (Protection of Children) The FHWA has analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. The FHWA certifies that this action would not cause any environmental risk to health or safety that might disproportionately affect children. Executive Order 12630 (Taking of Private Property) The FHWA has analyzed this rule under Executive Order 12630, Governmental Actions and Interface with Constitutionally Protected Property Rights. The FHWA does not anticipate that this action would affect a taking of private property or otherwise have taking implications under Executive Order 12630. National Environmental Policy Act The agency has analyzed this action for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 -4347) and has determined that this action would not have any effect on the quality of the environment. Regulation Identification Number A regulation identification number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading of this document can be used to cross reference this action with the Unified Agenda. List of Subjects in 23 CFR Part 634 Design standards, Highways and roads, incorporation by reference, Traffic regulations, Workers. ■ In consideration of the foregoing, and under the authority of 23 U.S.C. 101(a), 109(d), 114(a), 315, and 402(a); Sec. 1402 of Pub. L. 109 -59; 23 CFR 1.32; and 49 CFR 1.48(b), the Interim Final Rule amending 23 CFR Part 634 that was published on November 21, 2008 at 73 FR 70593, is adopted as a final rule without change. Issued on: May 14, 2009. Jeffrey F. Paniati, Acting Deputy Federal Highway Administrator. [FR Doc. E9 -13988 Filed 6- 12 -09; 8:45 am] BILLING CODE 4910 -22 -P Several fire service and emergency organizations have tried to circumvent Rule 634 by stating that if the roadway has been closed by Fire Police, Law Enforcement, or by fire department personnel, the use of the high visibility safety apparel is not needed. The use of high visibility safety vests is two -fold. First, the traffic safety vests are to make the responders more visible to vehicular traffic moving through or around the incident scene. The second use is to make the emergency responder more visible to other emergency apparatus and vehicles moving into or out of the emergency scene. Closing the road to non - emergency vehicular traffic does not make the scene as safe as possible. Fire apparatus, law enforcement vehicles, ambulances and tow vehicles will likely be moving in and around the incident scene during operations. Emergency responders on- the - ground need to be visible to operators of these emergency and necessary vehicles. The original federal documents related to this Rule and the final rulemaking process can be reviewed here: http://tinvurl.com/iiwxu3i2 OFPC continues to monitor the revision process for the MUTCD and will keep you informed of any changes that affect emergency responders. We have been told that the goal is to publish that revised document before the end of the calendar year. When it comes to highway incident safety, we've got your Six! �QREV,P NYS Department of State OFFICE OF FIRE PREVENTION CONTROL N WWW. DOS. STATE. NY. U S/ F I RE phone 518.474.6746 fax 518.474.3240 email fire @dos.state.ny.us Situation Type Summary 01 -30 JUN 09 Prepared 7/10/2009 # of F.S. F `ion Type Dollar Loss Incid's Injury Civ. Injury Page 1 F.S. Civ. Death Death 100 Fire, other 520 2 0 0 0 0 111 Building fire 128,401 5 0 0 0 0 134 Water vehicle fire 4,200 1 0 1 0 0 154 Dumpster or other outside trash receptac 1 0 0 0 0 160 Special outside fire, other 1,030 2 0 0 0 0 300 Rescue, emergency medical call (EMS) cal 12 0 0 0 0 311 Medical assist, assist EMS crew 17 0 0 0 0 321 EMS call, excluding vehicle accident wit 101 0 0 0 0 322 Vehicle accident with injuries 17 0 0 0 0 323 Motor vehicle /pedestrian accident (MV Pe 1 0 0 0 0 353 Removal of victim(s) from stalled elevat 1 0 0 0 0 356 High angle rescue 1 0 0 0 0 400 Hazardous condition, other 1 0 0 0 0 411 Gasoline or other flammable liquid spill 1 0 0 0 0 412 Gas leak (natural gas or LPG) 2 0 0 0 0 4' Oil or other combustible liquid spill 1 0 0 0 0 424 Carbon monoxide incident 4 0 0 0 0 440 Electrical wiring /equipment problem, of 1 0 0 0 0 444 Power line down 4 0 0 0 0 500 Service Call, other 14 0 0 0 0 550 Public service assistance, other 5 0 0 0 0 551 Assist police or other governmental agen 3 0 0 0 0 553 Public service 1 0 0 0 0 561 Unauthorized burning 1 0 0 0 0 571 Cover assignment, standby, moveup 2 0 0 0 0 600 Good intent call, other 9 0 0 0 0 611 Dispatched & canceled en route 3 0 0 0 0 621 Wrong location 1 0 0 0 0 651 Smoke scare, odor of smoke 1 0 0 0 0 661 EMS call, party transported by non -fire 1 0 0 0 0 671 Hazmat release investigation w/ no hazma 1 0 0 0 0 70' False alarm or false call, other 2 0 0 0 0 71 u Malicious, mischievous false call, other 1 0 0 0 0 712 Direct tie to FD, malicious /false alarm 1 0 0 0 0 713 Telephone, malicious false alarm 1 0 0 0 0 714 Central station, malicious false alarm 1 0 0 0 0 715 Local alarm system, malicious false alar 1 0 0 0 0 730 System malfunction, other 4 0 0 0 0 731 Sprinkler activation due to malfunction 5 0 0 0 0 7" Smoke detector activation due to malfunc 7 0 0 0 0 7— Heat detector activation due to malfunct 3 0 0 0 0 735 Alarm system sounded due to malfunction 7 0 0 0 0 736 CO detector activation due to malfunctio 3 0 0 0 0 740 Unintentional transmission of alarm, oth 43 0 0 0 0 741 Sprinkler activation, no fire - unintent 1 0 0 0 0 743 Smoke detector activation, no fire - uni 49 0 0 0 0 744 Detector activation, no fire - unintenti 1 0 0 0 0 745 Alarm system sounded, no fire - unintent 1 0 0 0 0 911 Citizen complaint 1 0 0 0 0 Total for all incidents 134,151 349 0 1 0 0 1-1 100 80 60 40 20 0 Situation Type Graphs 01 -30 JUN 09 Number of Incidents by Situation Type Incidents Imo$ 32 74 74 31 32 50 30 Code: Description 32 EMS call, excluding vehicle ac 74 Smoke detector activation, no 74 Unintentional transmission of 31 Medical assist, assist EMS cre 32 Vehicle accident with injuries 130000 120000 110000 100000 90000 80000 70000 60000 50000 40000 30000 20000 10000 0 Code: Description 50 Service Call, other 30 Rescue, emergency medical call All Others Dollar Loss by Situation Type 11 13 16 10 73 32 74 Code: Description 11 Building fire 13 Water vehicle fire 16 Special outside fire, other 1 C Fire, other 73 Alarm system sounded due to ma Code: Description 32 EMS call, excluding vehicle ac 74 Unintentional transmission of All Others Loss Situation Type Summary 01 JAN 09 - 30 JUN 09 Prepared 7/10/2009 Page 1 # of F.S. Civ. F.S. Civ. S 'on Type Dollar Loss Incid's Injury Injury Death Death 100 Fire, other 520 4 0 0 0 0 111 Building fire 159,546 22 0 1 0 0 113 Cooking fire, confined to container 1,360 17 0 0 0 0 114 Chimney or flue fire, confined to chimne 2 0 0 0 0 118 Trash or rubbish fire, contained 500 12 0 0 0 0 131 Passenger vehicle fire 4,500 4 0 0 0 0 132 Road freight or transport vehicle fire 2 0 0 0 0 134 Water vehicle fire 4,200 1 0 1 0 0 140 Natural vegetation fire, other 1,500 7 0 0 0 0 141 Forest, woods or wildland fire 1 0 0 0 0 143 Grass fire 1 0 0 0 0 150 Outside rubbish fire, other 3 0 0 0 0 151 Outside rubbish, trash or waste fire 1 0 0 0 0 154 Dumpster or other outside trash receptac 1 0 0 0 0 160 Special outside fire, other 2,030 3 0 0 0 0 2/ Explosion (no fire), other 1 0 0 0 0 300 Rescue, emergency medical call (EMS) cal 63 0 0 0 0 311 Medical assist, assist EMS crew 117 0 0 0 0 321 EMS call, excluding vehicle accident wit 737 0 0 0 0 322 Vehicle accident with injuries 58 0 0 0 0 323 Motor vehicle /pedestrian accident (MV Pe 12 0 0 0 0 342 Search for person in water 1 0 0 0 0 353 Removal of victim(s) from stalled elevat 2 0 0 0 0 356 High angle rescue 1 0 0 0 0 361 Swimming /recreational water areas rescue 1 0 0 0 0 400 Hazardous condition, other 34 0 0 0 0 410 Flammable gas or liquid condition, other 1 0 0 0 0 411 Gasoline or other flammable liquid spill 11 0 0 0 0 412 Gas leak (natural gas or LPG) 11 0 0 0 0 413 Oil or other combustible liquid spill 4 0 0 0 0 421 Chemical hazard (no spill or leak) 2 0 0 0 0 42" Refrigeration leak 1 0 0 0 0 424 Carbon monoxide incident 17 0 0 0 0 440 Electrical wiring /equipment problem, of 2 0 0 0 0 442 Overheated motor 2 0 0 0 0 443 Light ballast breakdown 5 0 0 0 0 444 Power line down 8 0 0 0 0 445 Arcing, shorted electrical equipment 6 0 0 0 0 460 Accident, potential accident, other 1 0 0 0 0 4F' Building or structure weakened or collap 2 0 0 0 0 46d Vehicle accident, general cleanup 18 0 0 0 0 481 Attempt to burn 1 0 0 0 0 500 Service Call, other 97 0 0 0 0 510 Person in distress, other 4 0 0 0 0 511 Lock -out 5 0 0 0 0 520 Water problem, other 6 0 0 0 0 521 Water evacuation 2 0 0 0 0 522 Water or steam leak 10 0 0 0 0 550 Public service assistance, other 13 0 0 0 0 551 Assist police or other governmental agen 18 0 0 0 0 552 Police matter 2 0 0 0 0 553 Public service 2 0 0 0 0 554 Assist invalid 1 0 0 0 0 555 Defective elevator, no occupants 1 0 0 0 0 561 Unauthorized burning 4 0 0 0 0 571 Cover assignment, standby, moveup 5 0 0 0 0 6(.,. Good intent call, other 45 0 0 0 0 611 Dispatched & canceled en route 51 0 0 0 0 621 Wrong location 1 0 0 0 0 631 Authorized controlled burning 2 0 0 0 0 632 Prescribed fire 1 0 0 0 0 650 Steam, other gas mistaken for smoke, oth 2 0 0 0 0 651 Smoke scare, odor of smoke 22 0 0 0 0 653 Barbecue, tar kettle 2 0 0 0 0 661 EMS call, party transported by non -fire 1 0 0 0 0 671 Hazmat release investigation w/ no hazma 3 0 0 0 0 700 False alarm or false call, other 15 0 0 0 0 710 Malicious, mischievous false call, other 9 0 0 0 0 711 Municipal alarm system, malicious false 8 0 0 0 0 712 Direct tie to FD, malicious /false alarm 12 0 0 0 0 713 Telephone, malicious false alarm 1 0 0 0 0 714 Central station, malicious false alarm 16 0 0 0 0 7-, Local alarm system, malicious false alar 2 0 0 0 0 730 System malfunction, other 32 0 0 0 0 731 Sprinkler activation due to malfunction 22 0 0 0 0 733 Smoke detector activation due to malfunc 36 0 0 0 0 Situation Type Summary 01 JAN 09 - 30 JUN 09 Prepared 7/10/2009 # of F.S. S' 'on Type Dollar Loss Incid's Injury Civ. Injury Page 2 F.S. Civ. 9 Death Death 734 Heat detector activation due to malfunct 8 0 0 0 0 735 Alarm system sounded due to malfunction 34 0 0 0 0 736 CO detector activation due to malfunctio 5 0 0 0 0 740 Unintentional transmission of alarm, oth 208 0 0 0 0 741 Sprinkler activation, no fire - unintent 7 0 0 0 0 743 Smoke detector activation, no fire - uni 276 0 0 0 0 744 Detector activation, no fire - unintenti 13 0 0 0 0 745 Alarm system sounded, no fire - unintent 17 0 0 0 0 746 Carbon monoxide detector activation, no 1 0 0 0 0 813 Wind storm, tornado /hurricane assessment 6 0 0 0 0 900 Special type of incident, other 1 0 0 0 0 911 Citizen complaint 1 0 0 0 0 Total for all incidents 174,156 2230 0 2 0 0 9-1) 600 500 400 300 200 100 0 Situation Type Graphs 01 JAN 09 - 30 JUN 09 Number of Incidents by Situation Type I I .y 32 74 74 31 50 30 32 Code: Description 32 EMS call, excluding vehicle ac 74 Smoke detector activation, no 74 Unintentional transmission of 31 Medical assist, assist EMS cre 50 Service Call, other 160000 140000 120000 100000 80000 60000 40000 20000 0 Code: Description 30 Rescue, emergency medical call 32 Vehicle accident with injuries All Others Dollar Loss by Situation Type 11 13 13 16 14 11 10 Code: Description 11 Building fire 13 Passenger vehicle fire 13 Water vehicle fire Ile Special outside fire, other 14 Natural vegetation fire, other Code: Description 11 Cooking fire, confined to cont 10 Fire, other All Others Loss Veteran 'Volunteer Firemen's Association, Inc. of Ithaca, TfY 638 Elmira Rd. Ithaca, NY 14850 -8745 607 - 272 -2560 13 July 2009 Board of Fire Commissioners Ithaca Fire Department 310 W. Green St Ithaca, NY 14850 Dear Board, It has now been a year that the Town of Ithaca has been holding onto the 2008 2% money. While I can understand the reasons behind a slight delay while discussions take place, I don't understand why it's taking over 2 years to figure the distribution process out. The 2007 2% money was delayed for the same reason. Can you please update me on when the 2008 money will be distributed? My membership asks at every meeting and I'd to be able to give them some up to date information. I also ask that you encourage the Town of Ithaca to distribute the 2008 2% money now. The 2009 2% money should arrive very shortly. Is it their plan to hold this money back as well? cc: all commissioners BFC secretary file Thank you, William E. Baker President www.ithacavfa.org Ithaca Fire Department Printed: 16:06:20 Report Period VFF Duty Hours List 07/14/09 Date Start: 06/01/09 Dpte End 06/30/09 r Badge Credit ALEXANDER , PAUL 04359 .00 BAKER , LYMAN 03258 .00 CANTONE , FRANK 04413 3.50 CORNELIUS DAVID 03883 2.00 GILLIGAN WILLIAM 04188 12.00 GOULD JOHN 04301 1.50 LONGO ROBERT 04153 .00 MAAS DANIEL 04193 3.00 ROGERS JAMES 03793 .00 TEETER GARY 03607 .00 WILBUR RICHARD 04212 .00 Ithaca Fire Department Printed: 16:06:00 Report Period VFF Duty Hours List 07/14/09 Date Start: 01/01/09 Date End 06/30/09 T Badge Credit ALEXANDER , PAUL 04359 .00 BAKER , LYMAN 03258 .00 CANTONE , FRANK 04413 12.50 CORNELIUS DAVID 03883 10.25 GILLIGAN WILLIAM 04188 47.50 GOULD JOHN 04301 1.50 LONGO ROBERT 04153 .00 MAAS DANIEL 04193 38.75 ROGERS JAMES 03793 4.25 TEETER GARY 03607 .00 WILBUR RICHARD 04212 2.50 To: Board of Fire Commissioners From: Bob Romanowski Date: July 8 , 2009 Re: Special request to finalize ongoing projects Prior to leaving the Board,there were a few items of note that needs to be finalized. (1)- Resource recovery legislation (2)- Charter updating as pertaining to the Boards mandates (3)- removal of road blockages on South and Wood Streets (4) -2% Town of Ithaca payments (5)- anything I might have forgotten to do Since the Chief will be leaving at the end of August,these items should all be completed by then.Thank you for your consideration of my request. Bob Romanowski CITY OF ITHACA 310 West Green Street Ithaca, New York 14850 -5497 OFFICE OF THE FIRE CHIEF Telephone: 607/272 -1234 Fax: 607/272 -2793 July 14th, 2009 Board of Fire Commissioners Ithaca Fire Department 310 W Green St Ithaca, NY 14850 Dear Board Members: The following is the Fire Marshal's report for June 2009. Code Enforcement Division: The Codes Enforcement Division received 20 complaints in the month June. There were 14 complaints closed out, and 31 complaints remain open for June and previous months. The Code Enforcement Division performed 133 inspections or re- inspections. There were 160 violations cited. The Code Enforcement Division issued: 10 operating permits for assembly occupancies; 1 operating permit for hazardous occupancy; 13 certificates of compliance for fire and property maintenance inspections; 1 certificate of compliance for alternative suppression system installations; and 2 certificates of compliance for fire alarm system installations. Fire Investigation Unit: There were 3 fire investigations performed by the Fire Investigation Unit for fires that occurred at 921 Taughannock Blvd in the Town of Ithaca, 40 Catherwood Rd in Village of Lansing, and 983 Taughannock Blvd in the Town of Ithaca. Public Education: There was on 3 public education events performed and 3 fire drills witnessed by the department in June. There were 3 Child Safety Seat Inspections performed in June Parking Tickets There were 2 parking tickets issued by the Fire Prevention Bureau in June and both tickets were issued for areas of prohibited parking. n "An Equal opportunity Employer with a commitment to workforce diversification." I.«* Fire Marshal's Report for June 2009— Page 2 Respectfully Submitted, \ -� �f11m1C4d i-z� Ca�Gt'l� C Thomas Parsons Deputy Fire Chief / Fire Marshall To: Town of Ithaca Board From: Bill Gilligan, Town Representative on the Ithaca Board of Fire Commissioners Subj: Ithaca BFC Report and Introduction Date: July 27, 2009 By way of transition from Bob Romanowski's long tenure reporting to you on the items before the Board of Fire Commissioners and the operation of the Ithaca Fire Department, I'd like to introduce myself and provide a brief overview from my perspective of some of the upcoming items and challenges facing the Board and the Ithaca Fire Department. I've been a resident of the Town of Ithaca since 1978 and an active member of the Ithaca Fire Department since 1989. 1 was appointed to the Board of Fire Commissioners in 2005. I've worked at Cornell University in various financial and administrative capacities since 1986; currently, I'm the administrative manager for the Department of Mathematics. Prior to joining Cornell, I was Public Health Administrator for the Tompkins County Health Department and held other administrative position before that. Current Challenges facing the Board and the Ithaca Fire Department: The departure of two long term members from the Board of Fire Commissioners — Bob Romanowski and Paul Alexander, represents a significant loss, from the Board, in the institutional knowledge of the Board, the Ithaca Fire Department, and the Volunteer System. In addition, at the end of August, Fire Chief Brian Wilbur will be retiring from the department after 20 plus years in the department, most of them as Chief of the department — a significant loss to the department and to the community. Finding his replacement will be an important and critical issue in the long run. The good news, for the short term, is that there is a sound, well functioning team in place to manage the operation of the department while the search for a new chief occurs. The Fire Department is in the process of preparing its 2010 operating budget for the City. The BFC will be reviewing the plan developed by the Department, at the rescheduled July BFC meeting — on Tuesday, July 28, 2009. The annual budget process is never easy, and will, I expect, be more challenging in the coming year for both the city council and town board to balance service needs with fiscal constraints. There are various items the Board has been discussing for several months that need to be resolved: Distribution of 2% Foreign Fire Insurance funds from town of Ithaca, resource recovery legislation, traffic calming /road blockages on South & Wood streets, review and update of the City Charter as it relates to the role and responsibilities of the Board of Fire Commissioners. A new contract for Fire Service between the City and Town is nearing completion. 0 !-T-1 ir.0 LL 0 ox OD w 0 Crk c 4, 1 rs -W CL -a 0 .4m CL LL. 4- W 4- ►. m Cl. I OD w 0 Crk c 4, 1 Cl. I E E V) CA O O C- 0 i �5 'r-4r_;o 0: : 0: 0: o � o v): Ln I . ; i 0;0 LO . I ; p 0: 0:,m 0io L2: . .— I : 0:00 o;- mi . 'T: :Ln:e : : C), M:,T: in 0 CO 6q: U) 0: 0: 0: 0 C�J: U): 0 ..... Ln: co:" L': M:'j : CIJ c): 0 ..... . ...... 0: 6: -: r-: ..... m: C\i: c) - 0); 00 C\J: Lf): M: -T (\J: lb9:: -T: io 0 ... 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