East Herkimer Fire Dept.

For Release: Wednesday, March 16, 2011

Commissioner Martens Reminds Small Communities of High Fire Risk Season and State Ban on Brush Burning
Residential Brush Burning Prohibited March 16 – May 14
State Department of Environmental Conservation (DEC) Commissioner Joe Martens today reminded New Yorkers who reside in smaller communities that all residential brush burning is prohibited during the state’s historically high fire risk period beginning March 16 through May 14.

“Since the open burning regulation passed in 2009, we’ve already seen results in fewer number of fires reported in New York State this time of year, known as the highest fire risk time,” Commissioner Martens said. “It’s our responsibility to protect the health and safety of our children, families and our natural environment, therefore, we remind all New Yorker’s that this is a time of risk and the statewide ban is now in effect through mid-May.”

In 2009, New York toughened restrictions on open burning to reduce harmful air pollutants and help prevent wildfires. While the new regulation allows residential brush burning for most of the year in towns with a population of less than 20,000, it prohibits open burning in all communities during early spring when the bulk of New York’s wildfires typically occur. The new regulation prohibits the burning of garbage at all times and places.

Several factors enable wildfires to start easily and spread quickly at this time, including the lack of green vegetation, abundance of available fuels such as dry grass and leaves, warm temperatures and wind.

Open burning is the largest single cause of wildfires in New York State. Data from DEC’s Forest Protection Division show that debris burning accounted for about 40 percent of wildfires in the state between 1986 and 2006 – more than twice the next most-cited source. In addition, from 2000 to 2007, New York’s fire departments responded to an average of 2,600 wildfires each year during the period of March 14 through May 16.

DEC Forest Ranger data for 2010 indicated a 33 percent reduction in wildfires caused by debris burning during the burn ban period last year when compared to the past 10 years, including weather considerations. In addition, based on information provided by statewide fire departments, 70 percent of the smaller communities across the state had a reduction from overall number of wildfires.

Some of the comments received from Emergency Services and Fire Departments across the state include:

“We certainly appreciate the support from the public on this new regulation,” said Matthew Beckwith, Fire Coordinator/ Director of Emergency Management for Chenango County Bureau of Fire. “The effort of this ban is not to penalize people from burning, as much as it is to protect people’s property from fire damage that may not be intentional. Since the burn ban was in effect, we have cut our number of grass fires by nearly 98 percent from the previous year. Together working with the DEC our area Fire Departments will continue to promote the burn band in an effort to conserve life and property.”

“The burn ban was very successful in reducing the number of brush fires last year here in Broome County,” said Brett B. Chellis, Director/Fire Coordinator for Broome County Office of Emergency Service.

“Franklin County Fire Departments reported significant reductions in the number of wild-land fire responses during the statewide burn ban in 2010,” said Rick Provost, Franklin County Emergency Services Manager. “We believe that the burn ban regulation will continue to reduce wild-land fire responses in the spring fire weather season. Wild-land firefighting can be very dangerous and when a regulation reduces the number of response it directly impacts Firefighter safety in a positive way.”

“Every year in Onondaga County, a large number of brush fires occur during early Spring before the greening up period,” said Joseph W. Rinefierd, Fire Bureau Director with Onondaga County Department of Emergency Management. “As a reminder, please note that burning yard waste is prohibited in almost every Town and Village in Onondaga County. During this higher risk time, please make sure you dispose of all smoking material properly and never leave barbecues/ outside fireplaces and grills unattended. Let’s prevent fires and practice fire safety, so our firefighters can spend more time with their families this Spring.”

“I expect this year to follow in last year’s decreased number of calls and runs made for brush fires during this historically busy time of year and we do attribute the decrease to the state’s burn ban,” said Charlie Mutz, Ulster County Fire Coordinator. “We definitely support the efforts put forth by the ban.”

Violators of the open burning state regulation are subject to both criminal and civil enforcement actions, with the minimum fine of $375 for a first offense. To report environmental law violations call 1-800-TIPP DEC (1-800-847-7332), or report online on DEC’s website.

A list of questions and answers on the new open burning regulation is available on DEC’s website.

Some towns are designated “fire towns” primarily in and around the Adirondack Park and Catskill Park. Under Environmental Conservation Law, open burning is prohibited in these municipalities without a written permit from DEC. Open burning is prohibited at any time in these municipalities. To find out whether a town is a designated “Fire Town” and/or to obtain a permit, parties should contact a DEC regional office. For a directory of the DEC Regional Offices, visit the DEC website.

Drivers Beware: Ambrose-Searles Move Over Act to Begin January 1st, 2011
Albany, NY – December 15, 2010 – New York State Police Acting Superintendent John P.
Melville joined with State Fire Administrator Floyd A. Madison, Acting DOT Commissioner
Stanley Gee, Thruway Authority Executive Director Michael R. Fleischer, and DMV Commissioner
David J. Swarts in urging motorists to move over and slow down when encountering emergency
vehicles New York’s roads and highways. Governor Paterson signed the Ambrose-Searles ‘Move
Over Act’ into law last summer, and the move over and slow down provisions of the law take effect
January 1, 2011.
Governor David A. Paterson said, “This law will work to safeguard the emergency
personnel who protect us day and night as we travel. The ‘Ambrose-Searles Act’ is a common
sense approach that will work to prevent avoidable collisions with emergency personnel, and I
was pleased to sign it into law last summer.”
The Ambrose-Searles ‘Move Over Act’ requires drivers to exercise due care to avoid
colliding with an authorized emergency vehicle which is parked, stopped or standing on the shoulder
of a road or highway with its emergency lights activated. Drivers must reduce speed on all roads
when encountering such vehicles, but on parkways, interstates, and other controlled access highways
with multiple lanes, drivers are further required to move from the lane immediately adjacent to the
emergency vehicle, unless traffic or other hazards exist to prevent doing so safely.
“The highway is one of the most dangerous environments faced by law enforcement,”
Superintendent Melville said today. “Unfortunately, too many motorists either ignore or fail to
perceive the dangers associated with driving too close to emergency vehicles that are stopped on the
side of the road. We hope that by informing the public of this new law and vigorously enforcing its
provisions, we will be able to improve safety for emergency professionals who work in these
hazardous conditions.”
“The motoring public’s compliance with the ‘Move Over Act’ will help to assure the
safety of first responders throughout the state,” said State Fire Administrator Floyd A. Madison.
“The men and women in the Fire Service urge motorists to move over and slow down when they
see an emergency vehicle with its lights activated.”
“The New York State Department of Transportation urges motorists to slow down and move
over for emergency vehicles under the new Ambrose-Searles ‘Move Over Act’ to help assure safety
on our roadways,” said State Department of Transportation Acting Commissioner Stanley Gee.
“This legislation will help prevent secondary accidents involving emergency workers. Motorists
should be aware of any workers along the side of the road, and drivers should give a wide berth to
police and emergency responders.”
“Moving over for emergency vehicles will help speed emergency response and provide
additional measure of safety for emergency responders,” said Executive Director Michael R.
Fleischer. “Thruway’s dedicated State Police Troop T members will be vigilant enforcing this new
law on the Thruway as well as the state’s other traffic safety measures.”
“Emergency response personnel put their lives on the line every day while protecting the
public on our highways,” said New York State Department of Motor Vehicle Commissioner David
J. Swarts. “The Ambrose-Searles Act is a sensible and practical law to help ensure that our state’s
hard-working emergency responders can perform their duties out of harm’s way.”
The Ambrose-Searles ‘Move Over Act,’ is named in honor of New York State Trooper
Robert W. Ambrose and Onondaga County Sheriff Deputy Glenn M. Searles who were both killed
in the line of duty while their patrol vehicles were stopped on the side of the road, and to honor
others who have tragically lost their lives on the highways while serving the public.
According to the National Law Enforcement Officers Memorial Fund, since 1999, there have
been more than one-hundred-sixty (160) law enforcement officers killed in the United States, struck
by vehicles while performing police duties along America’s highways. Move over laws have been
enacted in most states nationwide in order to prevent these tragedies.
A violation of this law is a punishable by a fine of up to $275, plus mandatory court
surcharges. It will also result in two points on the driver’s license record.
NEW YORK STATE LAW:
Ambrose-Searles ‘Move Over Act’
Protects law enforcement officers and emergency workers stopped along roadways while
performing their duties.
 Drivers must use due care when approaching an emergency vehicle that displays red and/or
white emergency lighting.
 On all roads and highways, drivers must reduce speed;
 On Parkways and other controlled access highways with multiple lanes, drivers must
move from the lane immediately adjacent to the emergency vehicle, unless traffic or
other hazards exist to prevent doing so safely.