N.Y. General Municipal Law § 209: Outside service by local fire departments, companies, ambulance districts and airport crash-fire-rescue units

§ 209. Outside service by local fire departments, companies, ambulance

districts and airport crash-fire-rescue units. 1. The fire department of

any city, village or fire district, the fire companies serving territory

outside of villages and fire districts in any town and the fire

departments of any town which has a town fire department, an ambulance

district and a county or public authority which operates an airport

crash-fire-rescue unit, may answer calls for assistance outside the area

regularly served and protected by such fire department or fire

companies, ambulance district or crash-fire-rescue unit and may engage

and participate in fire training programs in territory outside the area

regularly served and protected by such fire department, fire companies,

ambulance districts or crash-fire-rescue unit. While in the performance

of their duties under this subdivision, the members of such departments,

companies, districts or crash-fire-rescue units shall have the same

immunities and privileges as if such duties were performed within the

area regularly served and protected by such departments, companies,

districts or crash-fire-rescue units. While responding to a call for

assistance under this subdivision a city, village, fire district,

ambulance district, town or county or public authority operating an

airport crash-fire-rescue unit shall be liable for the negligence of

firefighters of the city fire department, village fire department, fire

district fire department, town fire department, ambulance district or

crash-fire-rescue unit, respectively, occurring in the performance of

their duties in the same manner and to the same extent as if such

negligence occurred in the performance of their duties within the area

regularly served and protected by such departments, districts or units.

The legislative body of any county, city or village, the board of fire

commissioners or other governing board of any fire district, ambulance

district or public authority or the town board of any town in relation

to the fire companies serving territory outside of villages and fire

districts or in relation to a town fire department, or ambulance

district, as the case may be, by resolution may restrict such outside

service and training to such extent as it shall deem advisable. Any such

resolution shall continue in effect until amended or repealed by the

adoption of a subsequent resolution. The officer in charge of any fire

department or fire company or ambulance district shall be notified

promptly of the adoption of any such resolution and of any amendment or

repeal thereof. In a county, city, or in a village or town, such action

may be taken by local law or by ordinance instead of by resolution. As

used in this section, the terms "fire department", "fire companies",

"ambulance service" and "crash-fire-rescue unit" shall include all

companies, squads, patrols or other units of such departments, companies

or units, or volunteer ambulance services organized pursuant to section

one hundred twenty-two-b of this chapter, and the term "assistance"

includes the services of firefighting forces, fire police squads,

ambulance services, emergency rescue and first aid squads rendered in

case of a fire or other emergency, including stand-by service, to aid

(1) a fire department or fire company, and (2) owners or occupants of

property, and other persons, whether or not such owners, occupants or

persons are receiving fire or other emergency service from another fire

department or fire company or ambulance service. Except as otherwise

provided by law in the case of natural disaster emergencies, a call to

furnish assistance may be made by any person aware of the peril involved

and the need for assistance or pursuant to any legally authorized or

recognized plan for the furnishing of mutual aid in cases of fire or

other emergency. The call need not originate in the municipal

corporation, district or area liable for the payment of financial

benefits in the event of the death or injury of a firefighter or

ambulance or rescue squad member engaged in rendering such assistance.

The call may be relayed through one or more persons or mediums of

communication. The provisions of this subdivision shall supersede the

provisions of any general, special or local law to the extent that there

is a conflict between the provisions of this subdivision and such law,

except that if (1) any city had, prior to April fifteenth, nineteen

hundred fifty, restricted in any manner the fire department of the city

from engaging in service outside the city or (2) any city, village, fire

district or town has heretofore restricted in any manner a fire

department or fire company or ambulance service from engaging in service

or training pursuant to the provisions of this subdivision, such

restrictions shall continue in effect until changed pursuant to the

provisions of this subdivision.

2. Any loss or damage to, or expense incurred in the operation of,

fire apparatus or other equipment answering a call for assistance from

outside territory, as provided for in subdivision one of this section or

otherwise, and the cost of any materials used in connection with such

call, shall be a charge against and paid by the city, village, fire

district, ambulance district or by the town in relation to territory in

the town located in (1) a fire protection district, (2) a fire alarm

district, (3) or ambulance district or (4) the territory in the town

outside of any village, fire district or any such fire protection

district or fire alarm district, ambulance district, which issued the

call for assistance. No such claim, however, shall be allowed unless,

within sixty days after such loss or damage has been sustained, or such

expense has been incurred, or such materials have been used, written

notice thereof be served by mail or otherwise on the comptroller or

chief financial officer of the city, the village clerk of the village,

the secretary of the fire district, the clerk of the ambulance district

or the town clerk of the town in relation to the territory in the town

located as aforesaid, from which issued the call for assistance.

3. In cities such loss, damage, expense or cost shall be a city charge

and audited and paid as other city charges. In villages such loss,

damage, expense or cost shall be a village charge and shall be audited

and paid in the same manner as village charges, and shall be assessed

upon the property liable to taxation in said village, and levied and

collected in the same manner as village taxes. In fire districts or

ambulance districts such loss, damage, expense or cost shall be audited

and paid in the same manner as other fire district or ambulance district

charges, and shall be assessed and levied upon the property liable to

taxation in such district and collected in the same manner as other fire

or ambulance district charges. The limitations on fire district

expenditures set forth in subdivision eighteen of section one hundred

seventy-six of the town law shall not be applicable to appropriations or

expenditures for the purpose of paying any such loss, damage, expense or

cost.

4. In towns which do not contain a city, village, fire district, fire

protection district, ambulance district or fire alarm district, such

loss, damage, expense or cost shall be a town charge audited and paid in

the same manner as town charges. In fire protection districts, fire

alarm districts, or territory outside of cities, villages, fire

districts, ambulance districts or any such fire protection or fire alarm

district, such loss, damage, expense or cost shall be a town charge,

audited and paid in the same manner as town charges, and shall be

assessed upon the property liable to taxation in such fire protection

district, fire alarm district or territory outside of cities, villages,

fire districts, ambulance districts or such fire protection and fire

alarm districts, as the case may be.

5. Provided, however, that nothing contained in this section shall

preclude a city, village, fire district, ambulance district or town from

entering into a reciprocal fire protection agreement with the state of

New York and the head of any military department of the United States

government, which agreement shall waive all compensation for any loss,

damage, personal injury, or death occurring in consequence of the

performance of said reciprocal fire protection agreement. Provided

further, however, that any reciprocal fire protection agreement entered

into under the authority of this subdivision may provide for the

reimbursement for any and all costs incurred by the party issuing the

call for assistance.