N.Y. General Municipal Law § 209-w: Permanent appointment of fire fighters; completion of training program

§ 209-w. Permanent appointment of fire fighters; completion of

training program. 1. Notwithstanding the provisions of any general,

special, or local law or charter to the contrary, no person shall, after

the effective date of regulations adopted by the state fire

administrator pursuant to section one hundred fifty-eight of the

executive law, receive an original appointment on a permanent basis as a

fire fighter of any county, city, town, village, or fire district unless

such person has previously been awarded a certificate by the state fire

administrator attesting to his or her satisfactory completion of an

approved fire basic training program; and every person who is appointed

on a temporary basis or for a probationary term or on other than a

permanent basis as a fire fighter of any county, city, town, village or

fire district shall forfeit his or her position as such unless he or she

previously has satisfactorily completed, or within the time prescribed

by regulations promulgated by the state fire administrator pursuant to

section one hundred fifty-eight of the executive law, satisfactorily

completes, a fire basic training program for temporary or probationary

fire fighters and is awarded a certificate by the state fire

administrator attesting thereto.

2. The term fire fighter, as used in this section, shall mean 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.

3. Nothing in this section shall be construed to exempt any fire

fighter or other officer or employee from the provisions of the civil

service law.

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

of more restrictive local requirements for appointment of fire fighters.

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

effective date of any rules and regulations promulgated by the state

fire administrator pursuant to section one hundred fifty-eight of the

executive law shall continue to remain eligible for permanent

appointment from such list during the life of such list without

satisfying the requirements set forth in subdivision one of this

section, provided he or she would otherwise have remained eligible for

permanent 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.