N.Y. Defense Emergency Act 1951 Law § 34

Current through 2024 NY Law Chapter 553

Section 34 - Responsibilities of commission and local directors for shelter protection

1.The commission shall:

a.Include in the comprehensive plan for the civil defense of the state provision for the protection of every inhabitant thereof against fallout radiation resulting from attack and against such other dangers resulting from attack as the commission may deem necessary.

b.Provide, through local offices or otherwise, an information and counseling service available to the public generally and to those concerned with providing shelter protection for others, including all political subdivisions, schools, colleges and universities, employers, landlords, architects, engineers, contractors, hospitals, voluntary institutions and places of public assembly. The service to be provided shall include, among other things, detailed information and technical advice relating to

i.the achievement of fallout protection which will meet the standards for fallout shelters set forth in the plan, regulations or orders of the commission relating thereto;

ii.the financial assistance available for the construction of shelters from governmental sources or private lending institutions, including insured mortgage loans, and the usual terms thereof;

iii.the financial assistance, if any, available from governmental sources or private lending institutions for equipping and provisioning shelters, and the usual terms thereof;

iv.the exemption from local real property taxation, special ad valorem levies and special assessments provided in section four hundred seventy-nine of the real property tax law for the increase in value attributable to the construction or installation of a fallout shelter;

v.the maximum and minimum shelter occupancies which will qualify for state civil defense aid and any comparable federal aid; and vi. the materials recommended by federal civil defense authorities or by the commission for inclusion in shelters, which information and advice may include the names of specific trade products and their manufacturers so long as the commission makes clear that other products of comparable quality and meeting the same standards are included within the general recommendations although not specified by name.

c.Have power to test, approve and recommend materials for inclusion in shelters.

d.Upon the request of a political subdivision, board, authority or commission which desires to acquire, construct or install a shelter pursuant to section twenty-three-a of this act, review the plans and specifications of such shelter and certify whether it will comply with the plan, regulations or orders of the commission.

e.Publicize the availability of the detailed information and technical advice described in this section.

f.Specifically urge county and city governments which do not yet have protected emergency operating centers constructed or under way to initiate the construction of such centers promptly pursuant to the provisions of federal law and section twenty-three-b of this act.

g.Report to the governor and the legislature annually on or before February first as to:

i.The action taken by it and by others to meet the objectives set forth in this act of assuring the availability of effective shelter protection for every inhabitant of the state and the rehabilitation and recovery of the state and its inhabitants after attack.

ii.Its recomendations, if any, for changes in the provisions of this act relating to shelter protection and to rehabilitation and recovery after attack, including changes considered by it to be necessary or desirable to stimulate and encourage the further acquisition, construction or installation of shelters and protected stockpiles of materials in accordance with its plan, regulations or orders.

2.Local directors, in accordance with the regulations and orders of the commission, shall:

a.Participate in the information and counseling service referred to in paragraph b. of subdivision one of this section and in publicizing the availability of such service.

b.Assist the state director in any investigation conducted by him pursuant to section thirty-seven of this act.

c.Have power to inspect from time to time at reasonable hours completed shelters within the area under the jurisdiction of the local office.

d.Report to the state director the results of inspections of completed shelters in such form and detail as the state director may from time to time require.

N.Y. Defense Emergency Act 1951 Law § 34