New Law in NY to protect firefighters

[CGolden]

Hello everyone,

Just wanted people to know that the NY Senate has just passed a bill that makes using live people to "play victims" in fire training exercises illegal.

This law was created in response to the Lairdsville, NY tragedy in Sept. 2001 in which my brother-in-law Bradley was killed.

Brad's family had always hoped that legislation would be passed to protect other families from the pain and agony that his family has gone through.

We wanted something positive to come from all that has happened and we achieved that.

This website has been very supportive of Brad's family during this time, and we want you all to know that we appreciate it.

Thank you again and stay safe.

Sincerely,

Chritsine Golden
Brad's sister-in-law

[Gx7E10]

Good to see it passed.

[DeputyChiefGonzo]

Excellent! Now if only the Legislature could the judicial system up to speed and make Alan Baird do his time for his roll in Brad's death....

If they do not have a name for this new legislation...how about "Brad's Law?"

[LadyCapn]

Bravo!!!!! That is wonderful to hear Christine. It is fitting that Bradleys legacy be the protection of other firefighters in the state.

I agree with Gonzo, it's too bad now one can intervene and ensure that Baird gets his day in court.

Rest in Peace Brad, you HAVE made a difference.

[NJFFSA16]

Re: New Law in NY to protect firefighters

Originally posted by CGolden

We wanted something positive to come from all that has happened and we achieved that.

Christine....first, thank you for posting that information. Many, many of us were hoping for something positive to come out of this tragedy.

"Those who do not learn from history....are doomed to repeat it!

Second....as you know, many of us will not rest until justice comes to Al Baird...and the others responsible for Brad's death. We will continue to discuss the issue...as we await the appeal.

Regards to the entire family,
You remain in our thoughts and prayers,
Ed Seifert
NJFFSA16

[GeorgeWendtCFI]

This is great news Christine. Thanks for your efforts.

In reading about this legislation, one thing strikes me. Can you believe that it is actually necessary to pass a law that says "You can't put a live person in a fire on purpose!" Laws should not have to be passed to demand common sense. Sadly, however, Lairdsville clearly demonstrated that some people are devoid of common sense.

[distchief60b]

George....
Your analogy is 100% on target. Why are stupid rules made...because stupid people have done the stupid thing that the rules relate to. You know...the sign on top of the stove.."Caution-hot surface" or on the iron.. "Remove clothes from body before ironing." As long as there are Al Bairds in the world, this will remain necessary.

Kinda like when we went through the NFPA 1971 Standard that had the version requiring the liner to be sewed in at the collar. This was done because some idiot took out his/her liner because it was too hot! Or then there is the instructions on the non-transparent protective cover on NEW MSA Facepieces when they are shipped. It says: "Remove before use!" Now why would that even be a necessary instruction?

[CGolden]

Waiting Game

Thanks for the letters of encouragement!

To update you with the Alan Baird situation, it goes like this:

He is appealing the case, so he will meet with the appeals court in September or October. He is appealing the entire decision, not just the sentencing. He wants the judge's decision to be dismissed, so he is no longer a convicted felony.

After the trial, he lost his EMT licence, so he was demoted from his job. He wants his licence back and he wants to return to firefighting. (He was banned from joining a fire station for 5 years, by the judge.) He home is currently up for sale and the word is that he is having some monetary problems.

According to the DA, Moran (Baird's lawyer) has no eviudence or reasons to convince a judge to dismiss his sentencing. But the family has to wait until the fall to see what happens. Currently, he lives with his family and pretends like he did nothing wrong.

On a different thread, a man mentioned he has copies of the forms for all the civil cases from this accident. How and where did you get them?

Thanks for the positive thoughts and prayers,

Stay Safe!

Christine

[mcaldwell]

The first time that I heard that some depts were using live bodies as victims in live burns, my jaw hit the floor.

Training time is provided so you can make your mistakes in a relatively safe environment. Using live victims clearly eliminates the margin for error. To summarize George's statement "Duh!"

It is very sad that it took this terrible accident to open some eyes, but at least there will be a positive legacy to come out of it. It shouldn't be long before this kind of legislation is on the books everywhere.

I also like the idea of "Brad's Law" for a name.

[flathead]

Not a law yet

Be aware folks that this bill is still in the process to becoming a law. I checked with the legislative folks at FASNY this am and they said it has passed both houses of the legislature but has yet to be passed on to the Governor to be signed into law. This would seem to be a no brainer, but we've seen other well intentioned bills held hostage for whatever political reasons there might be.

If you live in NYS it's time to get on the keyboard to your reps and to the Governor's office to make sure this is signed into law with no waiting period: reference to bill A.8245/S.5027.I agree that "BRAD'S LAW" sounds like a good title.

[Bones42]

Bill? Law? Bill? Law? I have JailHouse Rock running through my head now.

I think this Bill (hopefully soon to be Law) is a great step forward. However, I think the penalty is a bit low.

3. A violation of this section shall be punishable by a civil penalty not to exceed one thousand dollars paid for by the fire department conducting such training.

A life is worth more than one thousand dollars.

Stay Safe.

[GeorgeWendtCFI]

Originally posted by TrojanHorse


It is simple, for 100s of years legislators have been trying to legislate intelligence. It doesn't work.

Do tell!

[ChiefReason]

Not exactly....

Christine:
This legislation is definitely a step in the right direction. Like others, I think that the penalties are far too lenient.
I am confident that the governor will sign it. It is a no brainer.
Perhaps they should look at some of the other regulations contained in NFPA 1403 and adopt some them as law as well.
You and Greg have my deepest admiration and respect for experiencing such an emotional incident and still finding the energy and focus to fight for others who may have been put into the same set of circumstances as Bradley's. God bless you for your efforts.

Trojanhorse wrote:

It is simple, for 100s of years legislators have been trying to legislate intelligence. It doesn't work.

I believe that they may have to make an exception in your case!
CR

[DeputyChiefGonzo]

posted by TrojanHorse

My theory. Educate, don’t Legislate. Kind of like, give a man a fish, feed him for a day. Teach a man to fish, feed him for life.

Unfortunately, the Alan Bairds of the world lack the intelligence to absorb the education. NFPA 1403 states live fire training standards, yet he and his attorney claimed that they at first that they knew nothing of the standard, that story changed to they couldn't afford a copy of the standard, to blaming Brad for his own demise.

Just my 3 cents worth, Captains have to pay a little more!

[NJFFSA16]

Awaiting the Governor's signature!

Text of Bill

Introduced by Sens. MEIER, HOFFMANN, MALTESE, McGEE, MENDEZ, RATH, SEWARD, VOLKER, WRIGHT -- read twice and ordered printed, and when printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to the training of firefighters under live fire conditions

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The executive law is amended by adding a new section 159-c-l to read as follows: 159-c-l. Training; live fire conditions. 1. In the training of fire-fighters under live fire conditions no person or persons shall play the role of a victim.

2. For purposes of this section, a live fire condition is any unconfined open flame or device that can propagate fire to a building, a training tower, an acquired structure or other combustible material.

3. A violation of this section shall be punishable by a civil penalty not to exceed one thousand dollars paid for by the fire department conducting such training.

§ 2. This act shall take effect immediately.

George Pataki....please sign where indicated!