PROJECT PLAN FOR THE ARSON TASK FORCE AND THE ARSON TASK FORCE BOARD

I. INTRODUCTION

In September of 1979, New York State enacted Section 204C of the General Municipal Law which requires that each county within the State create an Arson Task Force. The purpose of this enactment was to ensure that local governments throughout the State took steps to coordinate the activities of existing agencies involved in the investigation and prosecution of arson. (See Appendix B for Relevant Laws.)

The objective of the Ulster County Arson Task Force since its creation has been to implement a plan which would effectively combat the activities of arsonists. For such a plan to be successful all interested entitles from the public and private sectors should be actively involved in this effort. Fire agencies throughout Ulster County need to detect arson when it is committed

law enforcement agencies must apprehend those responsible when a crime is committed

the criminal justice system must demonstrate its responsibility to deter wouldbe arsonists from similar activities and finally, the private sector should encourage the goals of this plan.

In light of these objectives, the County puts forth this plan which represents a realistic, effective and efficient approach to the problem of arson in Ulster County.

II. THE ARSON TASK FORCE

The Ulster County Arson Task Force is the "

Designated Agency"

in Ulster County for the purpose of determining the origin and cause of fires in this County. Whenever necessary, the Chief Officers of all fire departments in the County shall request that the Arson Task Force assist with major fires of suspicious or undetermined origin as set forth in this Project Plan.

III. THE ARSON TASK FORCE BOARD

Arson Task Force Board shall consist of 5 to 7 members who are Ulster County residents and who shall be appointed by the Ulster County Executive for a term of three years, subject to the confirmation of the Legislature. Membership on the Board shall include at least one police representative, one fire representative, one community representative, and one representative from the insurance industry, or their designee. The District Attorney or a designee shall be an ex officio member of the Arson Task Force Board. The Arson Coordinator/Task Force Board Chair shall be designated by the County Executive.

Emphasis in selecting members shall be placed upon encouraging those people residing within Ulster County who possess a special expertise in the area of firematics and those persons in the private sector who have a special interest in combating the problem of arson as it affects Ulster County. Members of the Arson Task Force Board shall receive no compensation for services rendered but shall be entitled to reasonable and necessary expenses incurred in the performance of their duties, within appropriations made for such purposes.

The Arson Task Force Board shall hold quarterly meetings throughout the year on dates fixed by the Arson Task Force Board Chair and otherwise at the call of the Chair upon written notice to all members. The Chairperson shall have the responsibility of conducting all meetings and making special assignments as the Task Force deems appropriate. The Ulster County Arson Task Force Board will also have the responsibility of presenting an annual report to the County Executive.

The Arson Task Force Board shall keep minutes of all meetings, including the date and time of the meeting and the members in attendance. The original of said minutes shall be filed with the Clerk of the Legislature as soon as possible, but not to exceed 10 business days after the next regular Board meeting at which the minutes were reviewed and accepted. The Clerk of the Legislature or a designee shall maintain an official record of the Board’

s agenda items.

The Arson Task Force Board shall cooperate with the Office of Fire Prevention and Control in the New York State Department of State in relation to all arson detection and prevention programs and will act as an advisory body to the County Executive regarding the County’

s participation in programs for arson detection and prevention. This Board shall perform such other duties as the County Executive may prescript in relation to arson detection and prevention.

IV. CHIEF FIRE INVESTIGATOR

This position is responsible for supervising and coordinating the Fire Investigators of the Ulster County Arson Task Force. The work involves coordinating the efforts of fire investigations in determining the cause of fires. The Chief Fire Investigator is the liaison between the Deputy Chief Fire Investigators, Fire Investigators and the Arson Task Force Board. Incumbents work in cooperation with fire departments, insurance companies, police departments and the District Attorney’

s Office. The work is performed under the general direction of the Ulster County Arson Task Force Board. General supervision is exercised over the work of the Deputy Chief Fire Investigators and the Fire Investigators.

The typical work activities may include:

• Coordinating the efforts of Fire Investigators in determining the cause of fires

• Serving as a liaison between the Fire Investigators, all law enforcement agencies and the Ulster County Arson Task Force Board
• Contacting and advising all effected fire agencies of the progress and results of any relevant investigation
• Supervising the compilation and assessment of statistics relating to the number of fires investigated, for presentation by the Chair to the Arson Task Force Board
• Preparing bulletins regarding the activities of the Arson Task Force Board, to be distributed to all the Fire Investigators
• Maintaining Arson Task Force equipment, clothing and vehicles for the fire investigation unit
• Assisting in the preparation of the annual budget for the operation of the fire investigation unit
• Developing a continuing education program on arson detection and origin and cause of fires and ensures that all Fire Investigators attend training on a regular basis.

IV. DEPUTY CHIEF FIRE INVESTIGATOR

This position is responsible for assisting the Chief Fire Investigator in supervising and coordinating the efforts of the Fire Investigators assigned to the Ulster County Arson Task Force. The Deputy Chief Fire Investigators respond to fires and supervises the investigations in an assigned area in Ulster County when called by the Ulster County Emergency Management/Emergency Communications Office. Incumbents work in cooperation with the fire departments, police and witnesses at the fire scene. The work is performed under the general supervision of the Chief Fire Investigator. Direct supervision is exercised over the work of Fire Investigators.

Typical work activities may include:

• Supervising the efforts of Fire Investigators in determining the cause of fires
• Responding to fires in a geographic area to which they are assigned in Ulster County
• Making observations regarding the fire scene upon arrival
• Interviewing fire personnel and witnesses at fire scene to determine what occurred
• Cooperating with Police Departments, and District Attorney&apos
  s Office Investigators at fire scene
• Making determination as to whether the cause of the fire was accidental, incendiary or undetermined
• Writing and filing report with the Chief Fire Investigator to be reviewed with the Arson Task Force
• Sifting through fire debris and take samples to determine the cause of fire
• Attending trainings on arson detection and origin and causes of fires
• Assisting in maintaining Arson Task Force equipment, clothing and vehicles for the fire investigation unit.

V. FIRE INVESTIGATOR

This position is responsible for investigating and determining the cause of fires in Ulster County. The Fire Investigators respond to fires in an assigned area in Ulster when called by the Ulster County Emergency Management/Emergency Communications Office. Incumbents work in cooperation with the fire departments, police and witnesses at the fire scene. The work is performed under the direct supervision of the Deputy Chief Fire Investigator. Supervision is not normally a function of the class.

The typical work activities may include:

• Responding to fires in a geographic area to which they are assigned in Ulster County
• Observing fire scene upon arrival
• Interviewing fire personnel and witnesses at fire scene to determine what occurred
• Cooperating with Police Departments, and District Attorne's Office Investigators at fire scene
• Investigating and attempting to determine the origin and initial location of the fire
• Assisting in making a determination as to whether the cause of the fire was accidental, incendiary or undetermined
• Writing and filing report with the Chief Fire Investigator to be reviewed with the Arson Task Force, under the direction of the Deputy Chief Fire Investigator
• Attending trainings on arson detection and origin and causes of fires.
• Sifting through fire debris and take samples to determine cause of fire
• Contacting the New York State Office of Fire Prevention for firedog assistance when needed.

VI. ARSON COORDINATOR/ TASK FORCE BOARD CHAIR

 

This position is responsible for:

• Appointing the Chief Fire Investigator, Deputy Chief Fire Investigator, and the Fire Investigators.
• Assisting in the preparation of the annual budget for the operation of the Fire Investigation Unit and submitting same to the County Executive
• Administering the Fire Investigation Unit budget
• Overseeing the day to day operations of the Fire Investigation Unit, including but not limited to preparing Fire Reports for insurance companies; reviewing and signing off on payroll for Fire Investigation Unit; ordering equipment and supplies and performing other duties assigned by the County Executive's Office.

• Preparing a report on the activities of the Fire Investigation Unit for the County Executive, as necessary
• Maintaining dialogue with all affected fire agencies on the progress and results of fire investigations
• Insuring that a continuing education program on arson detection, origin and causes of fires be offered within Ulster County and insuring that all persons serving as Fire Investigators attend training on a regular basis
• Serving as a liaison between the Fire Investigators, all law enforcement agencies, the District Attorney 's Office, the County Executive's Office and the Arson Task Force Board
• With the Chief Fire Investigator, supervising the compilation and assessment of statistics relating to the number of fires investigated, identifying their patterns and implementing specific strategies
• Insuring that all Federal, State and local law, rules and procedures are followed by all members of the Fire Investigation Unit
• Presenting the Chief Fire Investigator's report to the Arson Task Force Board.

 

VII. PROSECUTION

The District Attorney of Ulster County will assign an Assistant District Attorney to supervise all arson prosecutions. The prosecutor will be provided with the opportunity to attend educational programs to enhance his expertise in the area of arson prosecution.

Each defendant charged by indictment within Ulster County with an arsonrelated offense will be charged with the most serious count or counts contained in the indictment and the District Attorney's Office, absent any special or mitigating circumstance, will recommend in each instance that at the time of sentence a State Prison sentence be imposed.

Finally, an effort will be made to accelerate the time it takes to prosecute arson offenders with a view towards bringing an individual charged with an arsonrelated offense to trial within ninety (90) days after he has been indicted.

VIII. OFFICER IN CHARGE AT FIRE SCENE

Recognizing that it is the responsibility of the Fire Chief to determine the origin and cause of a fire, the Arson Task Force with a Fire Investigation Unit is available to assist the Chief Officer in making a determination. Since it is highly important that the authenticity of the evidence gathered be maintained and the scene of the fire be properly secured until all such evidence is gathered, the Ulster County recommends that recognized procedures be followed to assure the above.

It is recommended that the various agencies involved be duly activated in the proper sequence to assure the optimization of all resources available and to assure the validity of the evidence gathered in the event actual criminal charges are brought against a suspected arsonist. It is suggested that the officer in charge activate the Fire Investigators as soon as possible to determine the cause whether suspicious or otherwise, before he calls in the police agency to investigate. It is also suggested that he call the police agency of his choice as soon as the Fire Investigator verifies for him that the fire was in fact of suspicious origin, and turn control of the scene over to the police agency before he returns to quarters. This procedure should be followed without exception for all major fires.

APPENDIX B

Relevant Laws

New York State General Municipal Law

Section 204c Plan for Arson Investigation

The governing body of each county except a county contained wholly within a city, and the governing body of any city in which a county is wholly contained shall develop a plan for arson investigation within such county or city. Such plan shall be submitted to the office of fire prevention and control for approval. No plan shall be approved unless it provides for the coordination of fire, law enforcement and prosecutorial services.

Section 204d Duties of the Fire Chief

The fire chief of any fire department or company shall, in addition to any other duties assigned to him by law or contract, to the extent reasonably possible determine or cause to be determined the cause of each fire or explosion which the fire department or company has been called to suppress. He shall file with the office of fire prevention and control of the department of state a report containing such determination and any additional information required by such office regarding the fire or explosion. The report shall be in the form designated by such office. He shall contact or cause to be contacted the appropriate investigatory authority if he has reason to believe the fire or explosion is of incendiary or suspicious origin.