N.Y. Civil Service Law § 58-a: Requirements for provisional or permanent appointment of certain fire fighters

§ 58-a. Requirements for provisional or permanent appointment of

certain fire fighters. 1. Notwithstanding any other provision of this

law or any general, special or local law to the contrary, no person

shall be eligible for provisional or permanent appointment in the

competitive class of the civil service as a fire fighter unless he or

she shall satisfy the basic requirements for education, health and

physical fitness established by the state fire administrator pursuant to

section one hundred fifty-eight of the executive law.

2. Notwithstanding the provisions of subdivision one of this section,

upon the request of a municipal commission having jurisdiction over a

fire department and upon a showing by such municipal commission and a

determination by the state commission that aggravated recruitment

difficulties are causing a serious shortage of fire fighters in such

fire department and that such municipal commission and all appropriate

authorities are making diligent efforts, including payment of adequate

compensation, to overcome such recruitment difficulties, the state

commission, with the approval of the state fire administrator, may

change the educational, health and physical fitness requirements for

provisional and permanent appointment as a fire fighter in such fire

department for a period not exceeding two years from the date of such

determination. Such changes may be authorized for an additional period

not exceeding two years, upon a showing and a determination similar to

that required hereunder for the original authorization.

3. The provisions of this section shall not prevent the establishment

of more restrictive local requirements for eligibility for fire

fighters.

4. For the purposes of this section fire fighter means a member of a

fire department whose duties include fire service as the phrase fire

service is defined in paragraph d of subdivision eleven of section three

hundred two of the retirement and social security law.

5. Any person whose name was on an eligible list for appointment in

the competitive class of the civil service as a fire fighter on the date

educational, health and physical fitness requirements for fire fighters

are promulgated by the state fire administrator pursuant to section one

hundred fifty-eight of the executive law, shall continue to remain

eligible for appointment from such list during the life of such list

without satisfying such requirements provided he or she would otherwise

have remained eligible for appointment from such list if this section

had not been enacted.

6. The provisions of this section shall not apply to appointments made

by any county, city, town, village or fire district which employs five

or fewer fire fighters.

7. Notwithstanding any other provision of this law or any general,

special or local law to the contrary, no person shall be eligible for

provisional or permanent appointment as a fire chief other than those

chiefs employed by a fire department of cities with a population of one

million or more unless he or she shall:

(a) satisfy the basic requirements for education, health and physical

fitness established by the state fire administrator pursuant to section

one hundred fifty-eight of the executive law; and

(b) has successfully completed training and education requirements

established by the state fire administrator.