N.Y. General Municipal Law § 209-i: Emergency service by volunteer firefighters

§ 209-i. Emergency service by volunteer firefighters. 1. Whenever a

volunteer firefighter is within this state, but outside the area

regularly served by the fire company or fire department of which he or

she is a member and has knowledge of a fire or other emergency at or

near the place where he or she is for the time being, such volunteer

firefighter may report to the officer in command of the paid or

volunteer fire company or paid or volunteer fire department, or in

command of one of the paid or volunteer fire companies or one of the

paid or volunteer fire departments, engaged in the handling of any such

fire or other emergency and, on an individual basis, offer his or her

services to assist such fire company or fire department. After his or

her services are so accepted, the volunteer firefighter shall then be

entitled to all powers, rights, privileges and immunities granted by law

to volunteer firefighters during the time such services are rendered, in

the same manner and to the same extent as if he or she were a volunteer

member of the fire company or fire department which he or she is

assisting, including benefits under the volunteer firefighters' benefit

law. Any such commanding officer shall have power, in his or her

discretion, to so accept the services of a volunteer firefighter unless

the legislative body of the city or the village, the board of fire

commissioners or other governing board of the fire district, or the town

board of the town in relation to (a) the fire companies serving

territory outside villages and fire districts or (b) a town fire

department, as the case may be, by resolution heretofore or hereafter

adopted, has forbidden the acceptance of any such services pursuant to

this section. 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or repealed by the adoption of a subsequent resolution.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 company or fire department shall be notified promptly

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

thereof.

1-a. A volunteer firefighter who, because of his residence or usual

occupation, is regularly in the area served by a volunteer fire company

or department of which he is not a member may nevertheless volunteer his

services on an on-going basis to the officer in command thereof to

assist such fire company or fire department for the purpose of assisting

such company or department's general or emergency ambulance services, or

for the purpose of assisting such fire company or fire department at a

fire or other emergency scene or for the purpose of training with such

fire company or fire department. After his services are so accepted, the

volunteer firefighter shall then be entitled to all powers, rights,

privileges and immunities granted by law to volunteer firefighters

during the time such services are rendered, in the same manner and to

the same extent as if he were a volunteer member of the fire company or

fire department which he is assisting, including benefits under the

volunteer firefighters' benefit law. Any such commanding officer when

authorized by the legislative body of the city or the village, the board

of fire commissioners or other governing board of the fire district, or

the town board of the town in relation to (a) the fire companies serving

territory outside villages and fire districts or (b) a town fire

department, as the case may be, shall have power, in his discretion, to

so accept the services of a volunteer firefighter.

1-b. In the event that an active volunteer firefighter provides

services under subdivision one of this section when there is no

jurisdictional officer in command present, such volunteer firefighter

shall be entitled to coverage under the volunteer firefighters' benefit

law provided the fire company or municipality the volunteer serves

adopts a resolution granting coverage for the provision of such

services. Upon arrival of a jurisdictional officer in command, such

volunteer shall be entitled to benefits in the manner set forth in

subdivision one of this section.

1-c. A member of a fire company or department of another state who is

regularly in an area served by a volunteer fire company or fire

department may volunteer their services on an on-going basis to such

fire company or fire department for the purpose of assisting such

company or department's general or emergency ambulance services, or for

the purpose of assisting such fire company or fire department at a fire

or other emergency scene or for the purpose of training with such fire

company or fire department, provided that such company or department is

authorized to accept such services by the governing body of the city or

the village, the board of fire commissioners or other governing board of

the fire district, or the town board of the town in relation to (a) the

fire companies serving territory outside villages and fire districts or

(b) a town fire department, as the case may be. Upon application by an

out-of-state firefighter, a fire company or fire department shall

determine whether such out-of-state firefighter meets state and local

requirements for active members of their company or department,

including, but not limited to, compliance with a background check

pursuant to section eight hundred thirty-seven-o of the executive law,

and whether such out-of-state firefighter is in good standing with the

fire company or department in which they normally serve. If a volunteer

fire company or fire department accepts the services of such an

out-of-state firefighter, such firefighter shall be entitled to all

powers, rights, privileges and immunities granted by law to volunteer

firefighters during the time such services are rendered, in the same

manner and to the same extent as if such firefighter were a volunteer

member of the fire company or fire department being assisted, including

benefits under the volunteer firefighters' benefit law, provided,

however, such firefighter shall not be eligible to participate in a

service award program as authorized by articles eleven-A and eleven-AAAA

of this chapter nor shall such firefighter be eligible for coverage

under section eleven-c of the volunteer firefighters' benefit law

relating to diseases of the lung and section sixty-one of the volunteer

firefighters' benefit law relating to disease or malfunction of heart or

coronary arteries and any other presumptive coverage for impairment of

health or death. Upon acceptance of such out-of-state firefighter to a

fire company or fire department, such company or department shall

provide to the applicant, and the applicant shall acknowledge receipt

of, the following written statement: "If a volunteer fire company or

fire department accepts the services of a firefighter who is a member of

a fire department or a company of another state, such firefighter shall

be entitled to all powers, rights, privileges and immunities granted by

law to volunteer firefighters during the time such services are

rendered, in the same manner and to the same extent as if such

firefighter were a volunteer member of the fire company or fire

department being assisted, including benefits under the volunteer

firefighters' benefit law, provided, however, such firefighter shall not

be eligible to participate in a service award program as authorized by

articles 11-A and 11-AAAA of the general municipal law, nor shall such

firefighters be eligible for coverage under section eleven-c of the

volunteer firefighters' benefit law, relating to diseases of the lung,

and section 61 of the volunteer firefighters' benefit law, relating to

disease or malfunction of heart or coronary arteries, and any other

presumptive coverage for impairment of health or death."

2. The municipal corporation or fire district which would be liable

for the negligence of any volunteer members of the fire company or fire

department which has accepted the services of the volunteer firefighter

pursuant to this section shall be liable for the negligence of such

volunteer firefighter while acting, after such acceptance and during the

time such services were rendered, in the discharge of his or her duties

as a volunteer firefighter in the same manner and to the same extent as

if he or she were a volunteer member of the fire company or fire

department which he or she assisted. If the fire company or fire

department which has so accepted the services of a volunteer firefighter

pursuant to this section is a paid fire company or paid fire department,

such paid fire company or paid fire department shall, for the purposes

of this subdivision and section two hundred five-b of this article, be

deemed to be a "duly organized volunteer fire company" within the

meaning of such section two hundred five-b.

3. As used in this section, the term "volunteer firefighter" means a

"volunteer firefighter" as such term is defined in section three of the

volunteer firefighters' benefit law; the term "area regularly served"

means the home area of the volunteer firefighter as described in

subdivisions one, two, three, four or five of section thirty of the

volunteer firefighters' benefit law and, in addition, any other area

served pursuant to a contract for fire protection and the terms "fire

company" and "fire department" shall include emergency rescue and first

aid squads or other squads or units of a fire company or fire

department.