N.Y. Not-for-Profit Corporation Law § 1402: Fire corporations

§ 1402. Fire corporations.

(a) Certificate of incorporation; additional contents.

In addition to the requirements of section 402 (Certificate of

incorporation; contents), the certificate of incorporation of a fire

corporation shall state the precise boundaries of the territory in which

the corporation intends to operate.

(b) Type of corporation.

A fire corporation is a charitable corporation under this chapter.

(c) Appointment of firefighters.

(1) A person shall not be eligible to be named in the certificate of

incorporation of a fire corporation unless he shall be at least eighteen

years of age and a resident of a city, village, fire district, or town

outside of villages and fire districts, where the fire corporation

intends to operate.

(2) If the fire corporation becomes part of the fire department of a

city, village or fire district, a person shall not be eligible to be

elected as a member or to continue as a member except as provided by law

for volunteer members of the fire companies in such city, village or

fire district.

(3) In towns outside of villages and fire districts, the consent of a

majority of the members of the town board to the formation of a fire

corporation shall constitute an appointment of the persons named in the

certificate of incorporation as town firefighters. Thereafter, other

eligible persons may be elected as members pursuant to the by-laws of

the fire corporation, but the election of a member must be approved by

the town board of each town which consented to the formation of the fire

corporation. Such a person shall be a resident of the territory

specified in the certificate of incorporation or of territory outside

such boundaries which is afforded fire protection by the fire

corporation pursuant to a contract for fire protection under which a

cash consideration is received by the corporation or for which

negotiations for renewal of such a contract are pending. The membership

of any volunteer member shall terminate when such member ceases to be a

resident of such inside or outside territory, except that the

corporation may authorize their continued membership where such member

notifies the secretary of the fire corporation (a) that they plan to

change their residence to a territory which is not in such inside or

outside territory, and (b) that by reason of such member's residence in

the vicinity or such member's usual occupation they will be available to

render active service as a volunteer firefighter in either such inside

or such outside territory. Voting for such authorization shall be

pursuant to the by-laws. Such authorization shall not become effective

unless approved by resolution of the town board of each town which

consented to the formation of the corporation. Any membership so

continued shall terminate when the member can no longer meet the

requirements of this subparagraph. A person who cannot meet the

residence requirements of this subparagraph may be elected to membership

as a volunteer member if by reason of such member's residence in the

vicinity or such member's usual occupation they will be available to

render active service as a volunteer firefighter in such inside or

outside territory. Voting for such election shall be pursuant to the

by-laws. Such election shall not become effective unless approved by

resolution of the town board of each town which consented to the

formation of the corporation. Such membership shall terminate when the

member can no longer meet the requirements of this subparagraph. The

election or continuance of any person as a member shall be deemed to

have been approved by the town board pursuant to this subparagraph in

the event that no action is taken by the town board, either approving or

disapproving, within forty days in the case of residents of the

territory specified in the certificate of incorporation or of outside

contract territory, and within seventy days in the case of all others,

after service of written notice of such election or continuance of

membership shall have been made by the secretary of the corporation upon

the town clerk, either personally or by mail. The membership of any

volunteer firefighter shall not be continued pursuant to this

subparagraph, and persons who do not reside in the territory specified

in the certificate of incorporation or in territory protected pursuant

to a contract for fire protection shall not be elected to membership,

if, by so doing, the percentage of such nonresident members in the fire

corporation would exceed forty-five per centum of the actual membership

thereof, provided, however, that the forty-five percent limit on

non-resident members shall not apply to the membership of the Huguenot

Fire Company, Inc., within the town of Deerpark, Orange county, to the

membership of the Prospect Terrace Fire Company, Inc., within the town

of Dickinson, Broome county, to membership of the Hopewell Volunteer

Fire Department, Inc., to membership of the Wales Center Volunteer Fire

Company, Inc., within the town of Wales, Erie county, to the membership

of the Nedrow Fire Department, within the town of Onondaga, Onondaga

county, to the membership of the Howlett Hill Fire Department, within

the town of Onondaga, Onondaga county, to the membership of the South

Onondaga Fire Department, within the town of Onondaga, Onondaga county,

to the membership of the Southwood Volunteer Fire Department, Inc.,

within the town of Onondaga, Onondaga county, to the membership of the

East Syracuse Fire Department, within the town of Dewitt, Onondaga

county, to the membership of the Camillus Volunteer Fire Department,

Inc., within the town of Camillus, Onondaga county, to the membership of

the Pleasant Square Fire Company, Inc. within the town of Johnstown,

Fulton county, to the membership of the East Amherst Fire Department,

Inc., within the town of Amherst, Erie county, to the membership of the

Crittenden Volunteer Fire Department, Inc., within the town of Alden,

Erie county, to membership of the fire departments within the town of

Fleming, Cayuga county, to membership of the Bushnell's Basin Fire

Department, in the town of Perinton, Monroe county, to the membership of

the East Dunkirk Volunteer Fire Company, Inc. within the town of

Dunkirk, Chautauqua county, to the membership of the Varna Volunteer

Fire Company, Inc., within the town of Dryden, Tompkins county, to the

membership of the Leeds Hose Company No. 1, Inc. within the town of

Catskill, Greene county or to membership of the Salina Consolidated Fire

District #2, in the town of Salina, Onondaga county. Nonresidents of the

territory specified in the certificate of incorporation whose volunteer

membership has been authorized or continued pursuant to this

subparagraph may be elected or appointed to any office in the fire

corporation and shall have all the powers, duties, immunities, and

privileges of resident volunteer members except a non-resident of this

state whose membership has been continued pursuant to this subparagraph,

or who was elected to membership pursuant to this subparagraph, shall

not be considered to be performing any firefighting duty, or to be

engaged in any firefighting activity, as a member of the fire company

while such member is outside of this state unless and until such member

has first reported to the officer or firefighter in command of their

fire department, or any company, squad or other unit thereof, engaged or

to be engaged in rendering service outside this state, or has received

orders or authorization from an officer of the fire department or fire

company to participate in or attend authorized activities outside of

this state in the same manner as resident members of the fire company. A

person shall not be eligible to volunteer membership in any other fire

corporation or fire company at one time. The provisions of this

subparagraph shall not be deemed to authorize the election or the

continuance of any person as a member of the corporation if such

election or continuance of membership shall be contrary to the by-laws,

rules or regulations of the fire corporation.

(4) A person who has been convicted of arson in any degree shall not

be eligible to be named in the certificate of incorporation of a fire

corporation, or to be elected or appointed as a volunteer member of a

fire corporation. The membership of any volunteer member of a fire

corporation shall immediately terminate if he is convicted of arson in

any degree while a member of a fire corporation.

(5) Upon application by any person for membership in a fire

corporation operating pursuant to this section, the fire chief shall

cause the applicant's background to be checked pursuant to section eight

hundred thirty-seven-o of the executive law for a criminal history

involving a conviction for arson and conviction of a crime which

requires the person to register as a sex offender under article six-C of

the correction law. Where such criminal history information includes

conviction of a crime which requires the person to register as a sex

offender under article six-C of the correction law, a fire company shall

determine whether or not such person shall be eligible to be elected or

appointed as a volunteer member of such fire company. Such determination

shall be made in accordance with the criteria established in sections

seven hundred fifty-two and seven hundred fifty-three of the correction

law.

(d) Incorporation of fire corporations in towns legalized.

Any fire, hose, protective or hook and ladder corporation heretofore

organized under any general law with the consent of the town board in

the territory served by such corporation is hereby legalized and

confirmed, notwithstanding the omission of any town board to appoint or

confirm the members of such corporations as town firefighters. Any such

corporation shall hereafter be subject to the provisions of this

section.

(e) Powers.

(1) A fire, hose, protective or hook and ladder corporation heretofore

incorporated under any general law or a fire corporation hereafter

incorporated under this section shall be under the control of the city,

village, fire district or town authorities having, by law, control over

the prevention or extinguishment of fires therein. Such authorities may

adopt rules and regulations for the government and control of such

corporations. Notwithstanding the provisions of any such local law, a

person who has been convicted of arson in any degree shall not be

eligible for nomination, election or appointment to any office of the

corporation, nor may such person serve as director of the corporation.

Any fire corporation officer or director who is convicted of arson in

any degree during his term of office shall be disqualified from

completing such term of office.

(2) Where a fire corporation formed outside of a city, village or fire

district furnishes fire protection to territory outside of the

boundaries specified in its certificate of incorporation, the fire

corporation and the members thereof shall be under the exclusive control

of the town board of the town in which the fire corporation maintains

its apparatus.

(3) The emergency relief squad of a fire corporation incorporated

under this section or subject to the provisions thereof shall have power

to furnish general ambulance service when duly authorized under the

provisions of section two hundred nine-b of the general municipal law.

(4) Any fire company incorporated under this section or subject to the

provisions thereof shall have power to engage in fund raising activities

pursuant to section two hundred four-a of the general municipal law.

(5) Any fire company incorporated under this section or subject to the

provisions thereof shall have power, subject to the approval or

authorization of the town board, to attend a funeral.

(6) Fire, hose, protective or hook and ladder corporations heretofore

incorporated under any general law or fire corporations hereafter

incorporated under this section or volunteer fire companies or fire

departments as defined in section three of the volunteer firefighters'

benefits law are hereby authorized to enter into contracts among

themselves and among municipal corporations for the joint purchase of

goods, supplies and services. Provided that the provisions of article

five-A of the general municipal law shall be controlling for any

proposed joint purchase between such fire corporation, company, or

department and a municipal corporation. For the purposes of this

subparagraph the term "municipal corporation" shall mean a county, city,

town, village, fire district, or ambulance district.

(f) Directors to file report.

It shall be the duty of the directors of all fire, hose, protective or

hook and ladder corporations incorporated under a general law or of a

fire corporation formed under this section in territory outside of

cities or villages, or a majority of them, on or before the fifteenth

day of January in each year, to make and file in the county clerk's

office, where the certificate of incorporation is filed a verified

certificate, stating the names of the directors and officers of the

corporation, containing an inventory of its property, a statement of its

liabilities and that the corporation has not engaged, directly or

indirectly, in any business other than that set forth in its certificate

of incorporation.

(g) Firefighters' exemption.

Every active firefighter who shall be a member of a corporation

subject to the provisions of this section shall be entitled to all the

rights granted by law to volunteer firefighters and every such active

firefighter who shall meet the requirements of section two hundred of

the general municipal law shall be entitled to the additional rights

granted by law to exempt volunteer firefighters.

(h) Legalization of membership of fire corporations in towns outside

villages and fire districts.

(1) Any person:

(A) who was recognized prior to the first day of July, nineteen

hundred fifty-four, as a volunteer member of a fire corporation subject

to the provisions of this section located in a town outside villages and

fire districts by the town board or by the officers and members of the

fire corporation, and

(B) who rendered active service with such fire corporation prior to

such date, and

(C) who was, at the time of his or her election to membership, a

resident of the territory specified in the certificate of incorporation

or of territory outside such boundaries which was afforded fire

protection by the fire corporation pursuant to a contract for fire

protection,

shall for all purposes in law be considered to have been duly elected

and confirmed as a member in such fire corporation as of the date of

such confirmation, if any, and, if none, then as of the date of such

election; notwithstanding that there may have been some legal defect in

such election, or the proceedings precedent thereto, or a failure of the

town board to confirm such member, as provided by the law in force at

the time of such election, and the status of such person as a volunteer

firefighter as of the date of such confirmation or election is hereby

legalized, validated and confirmed. This subparagraph shall not apply to

a person, if any, whose volunteer membership in a fire corporation was

declared invalid by a court of competent jurisdiction prior to the first

day of January, nineteen hundred fifty-five.

(2) Any person:

(A) who was recognized on or after the first day of July, nineteen

hundred fifty-four and prior to the first day of January, two thousand

eleven as a volunteer member of a fire corporation subject to the

provisions of this section located in a town outside villages and fire

districts by the town board or by the officers and members of the fire

corporation, and

(B) who rendered active service with such fire corporation between

such dates, and

(C) who was, at the time of his or her election to membership, a

resident of the territory specified in the certificate of incorporation

or of territory outside such boundaries which was afforded fire

protection by the fire corporation pursuant to a contract for fire

protection, or who was a nonresident elected to membership or who was

continued as a member, pursuant to the provisions of subparagraph (A)

shall for all purposes in law be considered to have been duly elected

and confirmed, or continued, as a member in such fire corporation as of

the date of such confirmation, if any, and, if none, then as of the date

of such election or, in the case of a continuance, as of the date of

approval, if any, by the town board and, if none, as of the date of

authorization of continuance by the fire corporation; notwithstanding

that there may have been some legal defect in such election, or the

proceedings thereto, or a failure of the town board to confirm the

election, or approve the continuance of membership, of such member, as

provided by the law in force at the time of such election or

continuance, and the status of such person as a volunteer firefighter as

of such date is hereby legalized, validated and confirmed. This

subparagraph shall not apply to a person, if any, whose volunteer

membership in a fire corporation was declared invalid by a court of

competent jurisdiction prior to the first day of January, two thousand

eleven.

(i) Discrimination because of race, color, creed or national origin

prohibited.

(1) It shall be an unlawful discriminatory practice for any volunteer

fire department, fire company or fire corporation, through any member or

members thereof, directors, officers, members of a town board, board of

fire commissioners or other body or office having power of appointment

of volunteer firefighters in any fire department, fire company or fire

corporation pursuant to this section, because of the race, creed, color,

national origin, sex or marital status of any individual, to exclude or

to expel from its volunteer membership such individual, or to

discriminate against any of its members because of the race, creed,

color, national origin, sex or marital status of such volunteer members.

(2) Any person claiming to be aggrieved by an unlawful discriminatory

practice pursuant to this paragraph may by himself or his attorney at

law make, sign and file with the state division of human rights, a

verified complaint which shall set forth the particulars of the alleged

unlawful discriminatory practice and contain such other information as

the division of human rights may require. The division shall thereupon

cause to be made an investigation and disposition of the charges

pursuant to the provisions of article fifteen of the executive law.