N.Y. Town Law § 176: Powers and duties of fire district commissioners

§ 176. Powers and duties of fire district commissioners. Subject to

law and the provisions of this chapter, the fire district commissioners

of every fire district shall constitute and be known as the board of

fire commissioners of such fire district. Such board of fire

commissioners

1. Shall elect one of their members as chairman at the first meeting

of fire commissioners after such district shall have been established

and annually thereafter at the first meeting thereof following each

election of fire district officers. Such chairman, when present, shall

preside at the meetings of the board of fire commissioners. In the

absence of the chairman the other members may designate one of their

members to act as temporary chairman.

2. Shall appoint a fire district secretary.

2-a. May, notwithstanding the provisions of subdivision two of section

one hundred seventy-four of this chapter, provide by resolution that a

proposition shall be submitted at any annual fire district election,

other than one at which a fire district treasurer is required to be

elected, determining that the office of fire district treasurer shall be

an appointive office in such district. If such proposition be approved

at such election, the office of fire district treasurer shall thereafter

be an appointive office in such district and no fire district treasurer

shall be elected at the expiration of the term of office of the

incumbent elected fire district treasurer. The board of fire

commissioners at its organization meeting shall annually appoint a fire

district treasurer to hold office until the thirty-first day of December

next succeeding his appointment. In any fire district in which the

office of fire district treasurer has been made appointive, the fire

district commissioners shall designate one of their members to act as

temporary chairman at the organization meeting each year until such time

as a chairman of the board of fire commissioners shall be chosen.

In any fire district in which the office of appointed fire district

treasurer may exist, the board of fire commissioners may provide by

resolution that a proposition shall be submitted at any annual fire

district election determining that the office of fire district treasurer

shall be an elective office in such district. If such proposition be

approved at such election, the office of fire district treasurer shall

thereafter be an elective office in such district and a fire district

treasurer shall be elected at the next succeeding annual fire district

election in accordance with the provisions of subdivision two of section

one hundred seventy-four of this chapter and the term of office of the

appointive fire district treasurer for whom such successor shall be

elected shall expire on the thirty-first day of December next succeeding

such annual fire district election.

3. Whenever a vacancy shall occur in any fire district office, the

board of fire commissioners of such district, or a majority of the

members thereof in office may appoint a qualified person to fill the

vacancy. If the appointment be made to fill a vacancy in an appointive

office, the person so appointed shall hold office for the remainder of

the unexpired term. If the appointment be made to fill a vacancy in an

elective office, the person so appointed shall hold office until the

thirty-first day of December next succeeding the first annual fire

district election held thereafter and at such election a successor shall

be elected for the unexpired portion of the term beginning on the first

day of January next succeeding. If a vacancy shall occur in any elective

fire district office after the first day of October in any year, the

person so appointed to fill the vacancy shall hold office until the

thirty-first day of December of the following calendar year and a

successor shall be elected at the annual fire district election held

immediately prior thereto to serve for the unexpired portion of the

term; provided, however, that if a vacancy so occurs in any elective

fire district office, the term of which would expire on the thirty-first

day of December next succeeding, the person so appointed shall hold

office only until such thirty-first day of December.

4. Shall require the fire district treasurer, before entering upon the

duties of his office, to give an official undertaking, conditioned for

the faithful performance of his duties and that he will well and truly

keep, pay over and account for all moneys and property belonging to the

fire district and coming into his hands as such treasurer, in such form,

in such sum and with such sureties as the board of fire commissioners

shall direct and approve and such approval shall be indicated upon such

undertaking, and when approved such undertaking shall be filed in the

office of the town clerk of the town in which such fire district is

located. If such district is situated in more than one town, a duplicate

original of such undertaking, approved by the board of fire

commissioners, shall be filed in the office of the town clerk of each

town in which such district is located. The fire district commissioners

may by resolution determine that such undertaking shall be executed by a

surety company authorized to transact business in the state of New York

and that the expense thereof shall be a charge on the fire district.

4-a. Shall audit all claims against the fire district and shall, by

resolution, order the payment thereof by the fire district treasurer in

the amounts allowed. Except as otherwise provided by this subdivision,

no such claim shall be audited or ordered paid by the board of fire

commissioners unless an itemized voucher therefor, in such form as the

board of fire commissioners shall prescribe, shall have been presented

to the board of fire commissioners for audit and allowance. The board of

fire commissioners may provide by resolution that no such claims may be

presented, audited or paid unless they be either verified under oath,

or, in lieu of such verification, certified, to be true and correct in a

statement signed by or on behalf of the claimant. The provisions of this

subdivision shall not be applicable to claims for the payment of fixed

salaries, compensation for services of officers or employees regularly

engaged by the fire district at agreed wages by the hour, day, week,

month or year unless so required by resolution of the board of fire

commissioners adopted at the organization meeting in the month of

January, the principal of or interest on obligations issued by the fire

district, fixed amounts becoming due on lawful contracts for the

purchase of water for fire protection, and amounts which the fire

district may be required to pay to the state employees' retirement

system on account of contributions for past and current services of

firefighters. The board of fire commissioners may, further, by

resolution authorize the payment in advance of audit of claims for

light, telephone, postage, freight and express charges. All such claims

shall be presented at the next regular meeting for audit, and the

claimant and the officer incurring or approving the same shall be

jointly and severally liable for any amount disallowed by the board of

fire commissioners.

4-b. Any fire commissioner, secretary or treasurer of a fire district

may administer any necessary oath in any matter or proceeding lawfully

before him, or in connection with any paper to be filed with him as such

officer.

4-c. Notwithstanding the provisions of subdivision four-a of this

section, may by resolution establish a petty cash fund for the fire

district treasurer for the payment, in advance of audit, of properly

itemized and verified or certified bills for materials, supplies or

services furnished to the fire district for the conduct of its affairs

and upon terms calling for payment to the vendor upon the delivery of

any such materials or supplies or the rendering of any such services.

The amount of such petty cash fund shall not exceed two hundred fifty

dollars. At the time of any payment from such fund, the treasurer shall

require delivery to him of a bill in form sufficient for audit by the

board of fire commissioners as required by law. At each meeting of the

board of fire commissioners a list of all expenditures made from such

fund since the last meeting of the board, together with the bills

supporting such expenditures, shall be presented by the treasurer to the

board of fire commissioners for audit. The board of fire commissioners

shall direct the treasurer to reimburse such petty cash fund from the

appropriate budgetary item or items, in an amount equal to the total of

such bills which it shall so audit and allow. Any of such bills or any

portion of such bills which the board of fire commissioners shall refuse

to audit and allow shall be the personal liability of the treasurer and

he shall promptly reimburse such petty cash fund in the amount of such

disallowances. If such reimbursement has not been made by the time of

the first payment of salary to the treasurer after the action of the

board of fire commissioners in disallowing an amount so expended, such

amount shall be withheld from such salary payment to the treasurer and,

if necessary, subsequent salary payments and paid into such petty cash

fund until an amount equal to the amount so disallowed in the audit of

the board of fire commissioners has been repaid to the petty cash fund.

Any bond or undertaking filed by the treasurer shall be available to the

fire district for recovery of any losses incurred by reason of the

operation of such petty cash fund.

5. Shall cause a map to be prepared showing the exact boundaries of

the fire district. If such map indicates boundary lines that are

contiguous with an adjacent fire district or fire districts, then such

adjacent fire district or fire districts shall be given written notice,

by certified mail, return receipt requested, addressed to the secretary

of such fire district, of the intention to file a fire district map,

together with a copy of such map. Such notice shall be sent by the

secretary of the fire district preparing such map. If an adjacent fire

district objects to the location of a boundary line affecting such

adjacent fire district, then within forty-five days of the receipt of

such notification and map, such objections shall be filed with the fire

district secretary of the fire district proposing such map and with the

town clerk of each town in which any part of such fire district is

located. If such map does not indicate any boundary lines contiguous

with an adjacent fire district or fire districts, then a certified copy

of such map shall be filed by the secretary of the fire district with

the town clerk of each town in which any part of the fire district is

located for approval by the town board and, when so approved and filed

by the secretary of the fire district, in the office of the town clerk

and filed by the secretary of the fire district in the office of the

county clerk in which said fire district or any part thereof shall be

located, shall constitute presumptive evidence of the boundaries of the

fire district. If such map indicates any boundary lines that are

contiguous with an adjacent fire district, such map shall be submitted

by the secretary of the fire district to the town clerk of each town in

which any part of the fire district is located, together with proof of

service upon such adjacent fire district or fire districts of such

proposed map, and that more than forty-five days have elapsed since such

service was made. In addition, if objections have been filed, then a

verified statement either amending the proposed map to meet such

objections or denying such objection in whole or in part, shall also be

filed. If the objections are denied, the town board in which town such

disputed boundary line is located shall, within thirty days after the

submission of all proofs, objections and denials, cause the town

engineer, if there be one, or, if not, hire a licensed land surveyor, to

survey the boundary line or lines. If the disputed line or lines lie in

more than one town, the town boards, acting jointly by a majority vote

of the members of each such town shall determine which town engineer or

licensed land surveyor shall survey the boundary line or lines. The cost

of this survey, if any, shall be borne equally by the fire districts

involved. Upon receipt by the town board or town boards of the survey of

the disputed boundary line or lines, each involved fire district shall

be immediately notified by the town clerk or town clerks. If no

objections are served upon the town clerk or clerks by adjacent fire

districts within sixty days of receipt of such notification or the

boundary line or lines have been adjusted to meet objections, then

thereafter and within twenty days, the town board or town boards if one

disputed line or lines lie in more than one town shall cause a public

hearing to be held, at which hearing owners of real property in the

affected area shall be given an opportunity to be heard. Upon the

conclusion of said public hearing, the town board shall determine the

disputed line or lines, and if the disputed line or lines lie in more

than one town, the town boards acting jointly by a majority vote of the

members of each such town board shall determine the disputed line or

lines and a copy of such map, as finally approved by the town board or

town boards, shall be filed in the office of the town clerk or clerks

and certified copy shall be filed in the office of the county clerk in

which said fire district or any part thereof shall be located. Such map

shall then constitute presumptive evidence of the boundaries of the fire

district. The town clerk shall notify each affected fire district of the

filing of such map in such town clerk's office or offices and in the

office of the county clerk. The town clerk or clerks shall also publish

a notice of the filing of said map in the official paper of the town or

towns. Any fire district believing itself aggrieved or aggrieved

property owner may within thirty days of receipt of notification or

publication commence an appropriate proceeding in the supreme court of

the state of New York, in accordance with article seventy-eight of the

civil practice law and rules, naming the involved fire district and the

town board or boards as respondents. All fire district maps heretofore

approved by the town board of each town in which any part of the fire

district is located and which map was filed in the office of the clerk

of each town in which said fire district is located and filed in the

office of the county clerk in which said fire district or any part

thereof is located, prior to the first day of January, nineteen hundred

eighty-one, shall continue to be presumptive evidence of the boundaries

of such fire district.

6. Shall give notice of annual elections in the manner provided in

this article.

7. Shall require that candidates for district offices file their names

with the secretary of the fire district at least twenty days prior to

the date of such fire district elections and in addition may provide by

resolution that such nominations be submitted in petition form

subscribed by twenty-five qualified voters of the district. Thereafter

the ballots prepared for the election of fire district officers shall

specify the names of the candidates duly filed and in addition provide

proper blank spaces for each office to be filled at such election. If

any such resolution shall be adopted, the requirements thereof shall be

specified in the notice of each fire district election held thereafter.

The board of fire commissioners may rescind such resolution at any time

and thereafter fire district officers shall be elected as otherwise

provided herein.

8. Shall appoint officials for fire district elections as provided in

section one hundred seventy-five of this chapter and may provide for

their compensation pursuant to such section.

9. Shall have the power to make any and all contracts for the purposes

herein authorized within the appropriations approved by the taxpayers of

the district or within the statutory limitations specified herein.

10. May organize, operate, maintain and equip fire companies,

including the purchase of uniforms to be used by the members of such

companies, and provide for the removal of such members for cause.

11. May adopt rules and regulations governing all fire companies and

fire departments in said district and prescribing the duties of the

members thereof and enforce discipline and provide for public drills,

parades, funerals, inspections and reviews of the fire district fire

department, or any company or unit thereof, within the fire district or

at other places within the state, any adjoining state or in Canada. Such

rules and regulations shall not authorize any member of the board of

fire commissioners to interfere with the duties of the chief or

assistant chief at such times as the fire department or any company or

squad thereof is on duty.

11-a. The members of the fire department of the fire district shall

meet at a time and place designated by the board of fire commissioners

on the Thursday following the first Tuesday in April of each year and

nominate persons for the offices of chief and such assistant chiefs as

may be provided for in the rules and regulations adopted by the board of

fire commissioners. If the Thursday following the first Tuesday in April

falls upon a day of special religious observance, the board of fire

commissioners may designate any other weekday in April after such

Thursday as the day upon which to hold such meeting. Each nominee shall

be a member of the fire department. In addition, the board of fire

commissioners may by resolution require that any or all of such fire

department officers shall be residents of the fire district. All

nominations shall be made by ballot. The person acting as secretary of

such meeting shall promptly notify the fire district secretary in

writing of such nominations. The board of fire commissioners at its

meeting next succeeding the making of such nominations shall consider

the same and shall appoint such persons to the offices to which they

have been respectively nominated or, if a nomination is not approved the

board of fire commissioners shall call another meeting of the members of

the fire department at which a new nomination shall be made to take the

place of any nomination not approved, which procedure shall continue

until a full set of officers is approved. Any such person shall assume

the duties of his office as soon as he has been appointed thereto by the

board of fire commissioners and shall serve until his successor is

appointed. A person who has been convicted of arson in any degree shall

not be eligible for nomination, election or appointment to the office of

fire department chief or assistant chief. Any fire department chief or

assistant chief who is convicted of arson in any degree during his term

of office shall be disqualified from completing such term of office.

11-b. The members of the fire department at a regular or special

meeting of the department held after the month of April but prior to the

month of November in any year may adopt a resolution recommending that

future meetings for the nomination of the chief and assistant chiefs be

held in December, either on the first Thursday, the first Saturday, the

Thursday following the first Tuesday, the Saturday following the first

Tuesday, the Thursday following the second Tuesday, or the Saturday

following the second Tuesday in such month, instead of April as provided

in subdivision eleven-a of this section. Provided, however, the Davis

Park fire department may adopt a resolution to hold future meetings, for

nomination of chief and assistant chiefs, on the last Sunday in

September; the Caton fire district may adopt a resolution to hold future

meetings, for nominations of chief and assistant chiefs, on the second

Tuesday in December; the Cherry Grove fire department may adopt a

resolution to hold future meetings, for nomination of the chief and

assistant chiefs, on the third Saturday in September; and the Fair

Harbor fire department may adopt a resolution to hold future meetings,

for nomination of the chief and assistant chiefs, on the third Sunday in

September. The notice or call for such meeting shall specify that such a

resolution will be offered to be voted upon at such meeting. If such

resolution is adopted, the board of fire commissioners may adopt a rule

or regulation providing that future meetings for the nomination of chief

and assistant chiefs shall be held in December, either on the first

Thursday, the first Saturday, the Thursday following the first Tuesday,

the Saturday following the first Tuesday, the Thursday following the

second Tuesday, the Saturday following the second Tuesday in such month,

the last Sunday in September in the Davis Park fire department, the

second Tuesday in December in the Caton fire district, the third

Saturday in September in the Cherry Grove fire department, or the third

Sunday in September in the Fair Harbor fire department, as specified in

the fire department resolution, instead of April as provided in

subdivision eleven-a of this section. Each nominee shall be a member of

the fire department. In addition, the board of fire commissioners may by

resolution require that any or all of such fire department officers

shall be residents of the fire district. All nominations shall be made

by ballot. The person acting as secretary of such meeting shall promptly

notify the fire district secretary in writing of such nominations. The

board of fire commissioners at its organization meeting in the month of

January next succeeding the making of such nominations shall consider

the same and shall appoint such persons to the offices to which they

have been respectively nominated or, if a nomination is not approved the

board of fire commissioners shall call another meeting of the members of

the fire department at which a new nomination shall be made to take the

place of any nomination not approved, which procedure shall continue

until a full set of officers is approved. Any such person shall assume

the duties of his office as soon as he has been appointed thereto by the

board of fire commissioners and shall serve until his successor is

appointed. A person who has been convicted of arson in any degree shall

not be eligible for nomination, election or appointment to the office of

fire department chief or assistant chief. Any fire department chief or

assistant chief who is convicted of arson in any degree during his term

of office shall be disqualified from completing such term of office.

If the date of meetings for the nomination of chief and assistant

chiefs is changed from April to September or December pursuant to the

foregoing provisions of this subdivision, the members of the fire

department at a regular or special meeting of the department held after

the month of April but prior to the month of November in any year may

adopt a resolution recommending that future meetings for the nomination

for such officers shall be held in April pursuant to the provisions of

subdivision eleven-a of this section. The call for such meeting shall

specify that such a resolution will be offered to be voted upon at such

meeting. If such a resolution is adopted, the board of fire

commissioners may adopt a rule or regulation providing that future

meetings for the nomination of chief and assistant chiefs shall be held

in April pursuant to the provisions of subdivision eleven-a of this

section and that the provisions of such subdivision eleven-a shall again

become applicable.

11-c. May adopt a resolution to employ paid firefighters and paid fire

officers including but not limited to a paid chief of the fire district

department, provide for their powers and duties, determine the chain of

command in the fire department as between volunteer and paid

firefighters, determine that paid chief and/or any other paid officers

shall have charge of apparatus and other equipment, and determine that

the volunteer firefighters and volunteer officers of the fire department

shall act under the orders and control of such paid fire officers. The

board of fire commissioners may adopt a resolution to appoint a paid

chief of the fire district department only after holding a public

hearing prior to adopting such resolution. The notice of such hearing

shall be published and posted and such hearing shall be held in the

manner provided in section one hundred seventy-one of this article for a

hearing upon the establishment of a fire district. The notice shall

state the reason for the hearing including but not limited to the

proposed employment of and proposed salary for the paid chief.

12. May contract for a supply of water and for the furnishing,

erection, maintenance, care and replacement of fire hydrants, including

the erection and maintenance of markers therefor, and removal of snow

and ice to provide access thereto, for fire purposes for a period not

exceeding five years without any appropriation vote therefor by the

qualified voters of such district.

12-a. In order to provide a supply of water for firefighting purposes

for any area of a fire district which does not have an adequate and

available supply or which cannot be suitably supplied by contract

pursuant to subdivision twelve of this section, (1) may purchase

permanent or temporary rights to take water from cisterns, wells, and

bodies of water and water-courses within the fire district, or may lease

such rights, and (2) may purchase, construct or lease, and maintain,

fire suction pools in bodies of water and water-courses, fire cisterns

and fire wells, including necessary pipes, pumps, hydrants and other

facilities in connection therewith, and may purchase and lease necessary

real property and rights in land and water therefor. The water and

improvements shall be used for fire-fighting purposes only and the water

shall not be sold. The fire suction pools, fire cisterns and fire wells

shall be fenced or covered to prevent trespass by children and domestic

animals. Any such improvement shall be located upon real property within

the fire district which is owned or leased by the fire district or upon

which an easement has been acquired by the fire district, except such

portions of the improvement which are located within the bounds of

public highways, roads or streets with the consent of the state or local

official charged with the supervision of the highway, road or street.

The board of fire commissioners may purchase insurance to protect the

fire district from liability for damage to persons or property resulting

from the maintenance of any such improvement by the fire district. If,

after proceeding pursuant to this subdivision, an adequate and available

supply of water for fire-fighting purposes becomes available for such

area or if a suitable supply may be obtained therefor by contract

pursuant to subdivision twelve of this section, the fire district,

nevertheless, may continue to act pursuant to this subdivision.

13. May purchase or lease apparatus and equipment for the

extinguishment and the prevention of fires and for the purposes of

emergency rescue and first aid and fire police squads.

14. For the preservation, protection and storing of fire apparatus and

equipment and for the social and recreational use of the firefighters

and residents of the district and for any of the purposes authorized by

law, may acquire by purchase, lease, gift, devise or by condemnation,

real property and erect, construct, alter, repair and equip suitable

buildings, and may furnish necessary supplies for such purposes, and may

lease portions thereof not required for fire district purposes. All real

property required by any fire district for any purpose authorized by

this article shall be deemed to be required for public use and may be

acquired by such fire district.

15. May construct and maintain an adequate fire alarm system in said

district.

16. May contract to provide outside of the fire district (1) fire

protection, (2) emergency service in case of accidents, calamities or

other emergencies, or (3) general ambulance service pursuant to the

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

upon such terms as the board of fire commissioners may determine proper,

provided that such service can be supplied without undue hazard to the

fire district furnishing the service. Whenever the fire department or

fire company of a fire district provides any such service to outside

territory pursuant to a contract, as aforesaid, the board of fire

commissioners of such fire district may pay to the fire department of

such fire district, or to any fire company or companies of such fire

district, performing the service, such portion of the contract price as

such board may deem proper, but not in any event to exceed thirty-five

per centum of such contract price. The amount received pursuant to any

such contract may be expended without being included in the amount that

may be expended annually without the adoption of a proposition therefor

as provided in subdivision numbered eighteen of this section and in

section one hundred seventy-nine of this chapter.

17. May employ an attorney to counsel and assist in the discharge of

its official duties and give it such professional services as it may

require in conducting or defending any action or legal proceedings. If

the town attorney shall be so employed he shall receive, in addition to

his salary as town attorney, such compensation from the fire district as

shall be agreed upon between the commissioners of the fire district and

such town attorney, notwithstanding the provisions of section

twenty-seven of this chapter.

18. May, without the adoption of a proposition, expend from the fire

district revenues for any fiscal year amounts appropriated for

(1) the payments under contracts made pursuant to subdivisions twelve

and twenty-two of this section,

(2) the payments required under a lease to provide a supply of water

for fire fighting purposes entered into pursuant to subdivision twelve-a

of this section,

(3) the payment of the principal of and interest on bonds, bond

anticipation notes and capital notes issued by the fire district, and

budget notes issued pursuant to the provisions of subdivisions five, six

and seven of paragraph a of section 29.00 of the local finance law, and

interest on tax anticipation notes issued pursuant to the provisions of

paragraphs c-1 and c-2 of section 24.00 of the local finance law,

(4) the compensation of paid fire district officers, fire department

officers, firefighters and other paid personnel of the fire department,

(5) contributions to the New York state employees' retirement system

and the New York state and local police and fire retirement system on

account of past and current services of paid fire district officers and

employees, including the paid officers, firefighters and other personnel

of the fire department,

(6) an assessment, charge, share or other payment required to be paid

as the result of the participation by the fire district in any county

self-insurance plan under article five of the workmen's compensation

law,

(7) the cost of insurance secured to indemnify the fire district

against liability for benefits or compensation required to be paid or

furnished under or pursuant to the volunteer firefighters' benefit law

and workers' compensation law, or for the payment of the benefits or

compensation required to be paid or furnished under or pursuant to such

laws by a fire district which is a self-insurer under such laws, to the

extent that such benefits and compensation have not been recovered in

such fiscal year under section twenty of the volunteer firefighters'

benefit law or section twenty-nine of the workers' compensation law,

(7-a) the payment required annually to fund service awards to

volunteer firefighters made pursuant to article eleven-A of the general

municipal law,

(8) the cost of blanket accident insurance purchased under the

provisions of section four thousand two hundred thirty-seven of the

insurance law to insure volunteer firefighters against injury or death

resulting from bodily injuries sustained by such firefighters in the

performance of their duties,

(9) medical, surgical, hospital or other care or treatment and medical

inspections required in connection with the disability of paid fire

department personnel pursuant to section two hundred seven-a of the

general municipal law, to the extent, if any, that such charges will not

be paid by an insurance carrier or county self-insurance plan under the

workmen's compensation law or have not been recovered in such fiscal

year under such section two hundred seven-a or under section twenty-nine

of the workmen's compensation law,

(10) employer's contributions for old age and survivors insurance

coverage under article three of the retirement and social security law,

(11) the payment of the principal of and interest on indebtedness

evidenced by tax anticipation notes issued pursuant to subdivision one

of paragraph d of section 24.00 of the local finance law in relation to

newly-created fire districts under subdivision twenty-six of this

section, and

(12) the payment of compromised claims and judgments under

subdivisions twenty-eight and thirty of this section;

(13) the cost of insurance secured to indemnify the fire district

against liability arising out of the ownership, use or operation of

motor vehicles owned by the fire district; and

(14) the payment of monetary rewards pursuant to subdivision

thirty-one of this section.

(15) the cost of fuel for the fire district emergency vehicles,

including fuel tax carry-overs.

(16) the cost of audits required pursuant to section one hundred

eighty-one-a of this article.

(17) the cost of insurance secured to indemnify the fire district

against liability for benefits required to be paid or furnished pursuant

to the enhanced cancer disability benefit established in section two

hundred five-cc of the general municipal law, or for the payment of

benefits required to be paid or furnished pursuant to such law by a fire

district which is a self-insurer under such law.

In addition to such expenditures, the board of fire commissioners of any

fire district may, without the adoption of a proposition therefor,

expend from the first district revenues for any fiscal year for purposes

authorized by or pursuant to law not to exceed two thousand dollars and

in districts having a full valuation of real property taxable for fire

district purposes in excess of one million dollars an additional amount

equivalent to one mill for each dollar of full valuation of taxable real

property in excess of the first million dollars of full valuation of

such taxable real property. Such full valuation shall, for the purposes

of this subdivision, be computed by dividing the assessed valuation of

the real property subject to taxation by the fire district, as shown on

the assessment roll for the fire district which was completed in the

second calendar year prior to that in which the expenditure is to be

made, by the town equalization rate established for such roll by the

state board of equalization and assessment. Where, in the case of a

newly-created fire district, there is no such completed assessment roll

for such fire district, full valuation shall be determined from the

assessment roll upon which the real property included within the

district was assessed for town purposes and which was completed in the

second calendar year prior to that in which the expenditure is to be

made. In any fire district the foregoing limitations provided in this

subdivision may be exceeded if a proposition has been adopted pursuant

to paragraph (d) of subdivision one of section one hundred seventy-nine

of this chapter.

The foregoing limitations on expenditures shall not be applicable to

the proceeds of a contract for fire department services entered into

pursuant to the provisions of subdivision sixteen of this section and

such proceeds may be expended for purposes authorized by or pursuant to

law.

The foregoing limitations on expenditures shall not be applicable to

appropriations to or expenditures from a repair reserve fund,

contingency and tax stabilization reserve fund, capital reserve fund,

debt stabilization fund, workers' compensation reserve fund, mandatory

reserve fund, unemployment insurance reserve fund or liability and

casualty reserve fund established pursuant to sections six-d, six-e,

six-g, six-h, six-j, six-l, six-m and six-n of the general municipal

law, or to the use of the income and capital gains realized on the

investments of the assets of such funds.

The foregoing limitations on expenditures shall not be applicable to

the use of premiums from the sale of fire district obligations, the

unexpended portion of the proceeds of fire district obligations, the

income and capital gains realized on the temporary investment of the

proceeds, inclusive of premiums, of fire district obligations, as

provided in section 165.00 of the local finance law.

The foregoing limitations on expenditures shall not be applicable to

the use of the proceeds of a gift or gifts given to a fire district, and

such proceeds may be expended for purposes authorized by or pursuant to

law.

The provisions of this subdivision shall not be deemed to prevent the

issuance of bonds, bond anticipation notes, capital notes or budget

notes to finance any object or purpose for which the fire district may

expend money.

The foregoing limitation on expenditures shall not be applicable to

the use of insurance proceeds received for the loss, theft, damage or

destruction of real or personal property when proposed to be used or

applied to repair or replace such property. Such proceeds may be

appropriated by resolution of the board of fire commissioners at any

time for such objects and purposes.

The foregoing limitation on expenditures shall not be applicable to

contributions to the state's unemployment insurance fund on account of

salaries paid to fire district officers and employees, including the

paid officers, firefighters and other personnel of the fire department.

18-a. May employ such persons as may be necessary to effectuate the

objects and purposes of the district. Persons may be employed as paid

firefighters, however, only after a public hearing in relation to such

employment. Any such hearing shall be held by the board of fire

commissioners and the notice of the hearing shall state the time when

and place in the district where the hearing will be held, the number of

paid firefighters to be employed and the total annual amount to be spent

for the salaries or other compensation of such firefighters. The notice

shall be published in the official newspaper of the district at least

once not more than twenty nor less than ten days before the hearing.

19. Shall have the exclusive management and control of the property of

the fire district and may insure the same against loss or damage from

any risk whatsoever and may contract at the expense of the district for

insurance indemnifying the district, its officers, agents, employees and

the members of all fire companies against any loss arising from injuries

to persons or property through the operation and maintenance of such

fire district and the performance of the duties thereof and insure the

members of the fire department of the district against injury or death

in the performance of their duties, or both.

20. May grant or withhold its consent to the formation of a fire

corporation which intends to operate within the territory of such fire

district, pursuant to subdivision (f) of section four hundred four of

the not-for-profit corporation law.

21. Shall have and exercise all the powers conferred upon the fire

district and such additional powers as shall be necessarily implied

therefrom.

22. (a) May contract for the furnishing of fire protection within the

fire district with any city, village, fire district, or incorporated

fire company having its headquarters outside such fire district and

maintaining adequate and suitable apparatus and appliances for the

furnishing of fire protection in such district; provided there is no

fire company maintaining its headquarters in said district or provided

the fire department of said district is, in the judgment of such fire

commissioners, unable to render adequate and prompt fire protection to

such district or any area thereof. The contract also may provide for the

furnishing of (i) emergency service in case of accidents, calamities or

other emergencies in connection with which the services of firefighters

would be required and (ii) general ambulance service subject, however,

to the provisions of section two hundred nine-b of the general municipal

law. In the event that the fire department or fire company furnishing

fire protection within the district pursuant to contract does not

maintain and operate an ambulance and provision has not otherwise been

made for ambulance service for the area of the district pursuant to

section one hundred twenty two-b of the general municipal law then a

separate contract may be made for the furnishing within the district of

emergency ambulance service or general ambulance service, or both, with

any city, village or fire district the fire department of which, or with

an incorporated fire company having its headquarters outside the

district which, maintains and operates an ambulance subject, however, in

the case of general ambulance service, to the provisions of section two

hundred nine-b of the general municipal law.

(b)(i) Except as provided in subparagraph (ii) of this paragraph,

prior to commencing the negotiation process for such contract with an

incorporated fire company, the incorporated fire company shall file with

the board of fire commissioners a statement itemizing the estimated

costs of the incorporated fire company attributable to the provision of

services under the prospective contract. The estimated costs

attributable to the provision of services under the prospective contract

itemized in the statement shall include, at a minimum, those, if any,

for: supplies; materials; operation, maintenance and repair of equipment

and apparatus; insurance; training; protective clothing, gear and other

personnel costs; building rental, maintenance and operation; and a

specified proportionate share of capital costs. If the fire company is

required to prepare any of the following documents, copies shall be

included with the statement:

(1) the fire company's most recent annual report of directors pursuant

to section five hundred nineteen of the not-for-profit corporation law;

(2) the fire company's most recent verified certificate pursuant to

subdivision (f) of section fourteen hundred two of the not-for-profit

corporation law;

(3) the fire company's most recent internal revenue service form 990;

and

(4) the fire company's most recent annual report pursuant to section

thirty-a of the general municipal law.

(ii) The provisions of subparagraph (i) of this paragraph shall not

apply to the renewal of a contract when the contract is deemed renewed

in accordance with paragraph (e) of this subdivision. Upon good cause

shown, the board of fire commissioners may, by resolution, waive in

whole or in part the requirement that the fire company file the

statement, and copies of documents, required by subparagraph (i) of this

paragraph.

(c) The contract shall not be entered into until a public hearing has

been held by the board of fire commissioners. Notice of the hearing

shall be published at least once in at least one newspaper having

general circulation in the district. The notice shall specify the time

when and place where the hearing will be held, and describe in general

terms the proposed contract. The first publication thereof shall be at

least ten days prior to the day specified for the hearing.

(d) Except as hereinafter provided, the term of the contract shall be

for a definite period of time, but in no event shall the term exceed

five years. The contract year or years in all such contracts entered

into after the year nineteen hundred sixty shall terminate on December

thirty-first.

(e) Instead of being for a definite term as hereinabove provided, the

contract may be for an original term of one calendar year or less and

provide that it shall be deemed renewed on the same basis each year

thereafter for a further term of one full calendar year without any

further public hearing unless one of the contracting parties shall

notify the other in writing on or before the first day of August that it

elects to terminate the contract on December thirty-first in that year.

The term of any such contract, including renewals, shall not exceed five

years, but the contract may provide that there shall be less than four

such renewals. If the city, village or fire district fire department or

fire company which is to furnish the service under such a contract is

not a fully paid department or company, the city, village or fire

district governing board upon the request of the department or company,

shall terminate the contract as provided in this paragraph. Any contract

entered into pursuant to this paragraph may provide that in the month of

July of each year in which such a renewal could occur the fire district

secretary shall notify the secretary of the fire department or fire

company which is to furnish the service under the contract that the

contract shall be deemed renewed on the same basis for a further full

term of one calendar year unless one of the contracting parties shall

notify the other in writing on or before the first day of August that it

elects to terminate the contract on December thirty-first in such year.

(f) The contract shall specify a definite sum to be paid each year for

all of the services to be rendered thereunder and may provide that such

amount shall be paid in one sum or in installments.

(g) By mutual consent of the contracting parties, and after a public

hearing held pursuant to notice in the manner aforesaid, any such

contract heretofore or hereafter executed may be (i) amended, (ii)

terminated, or (iii) terminated and a new contract may be entered into

in lieu thereof, if the board of fire commissioners, after such hearing,

shall determine by resolution, that it is in the public interest so to

do. Such notice shall state in general terms the reason why any existing

contract is to be amended or terminated, and if a new contract is to be

entered into the notice shall also describe the new contract in general

terms.

(h) The term "fire protection", as used in this subdivision, includes

inspections of buildings and properties in the fire district for the

purposes specified in and as authorized by section eight hundred seven-a

of the education law, subdivision four of section three hundred three of

the multiple residence law, and section one hundred eighty-nine of the

town law.

(i) The provisions of this subdivision shall not be deemed to have

amended subdivision two of section two hundred nine-b or section two

hundred nine-d of the general municipal law, or any other general,

special or local law requiring the consent of a fire department, fire

company or an emergency rescue and first aid squad to the entering into

of a contract for services to be performed by such department, company

or squad.

23. May sell or otherwise dispose of real and personal property of the

district no longer necessary for any of its uses or purposes if, when

and in the manner and to the extent authorized so to do in a proposition

which is duly submitted and adopted or approved at a special or annual

fire district election in the manner provided by section one hundred

seventy-nine of this article for voting upon appropriations, except that

if a proposition shall be submitted pursuant to the provisions of said

section for the purchase of apparatus or if a proposition shall be

submitted pursuant to the local finance law for the approval of a bond

resolution or a capital note resolution for obligations to be issued for

the purchase of apparatus, such proposition may specify that apparatus

or equipment owned by the district or the proceeds of the sale thereof

is to be used in part payment for new apparatus and the adoption of such

proposition shall authorize the sale or such other disposition of such

apparatus or equipment, or if apparatus or equipment is to be purchased

without the submission of a proposition as aforesaid apparatus or

equipment owned by the district may be used as part payment for new

apparatus or equipment without the adoption of a proposition therefor,

and except also that the board of fire commissioners may at any time

sell or otherwise dispose of real and personal property of the district

no longer necessary for any of its uses or purposes if valued at less

than one hundred thousand dollars but not below twenty thousand dollars,

if, when and in the manner and to the extent authorized so to do in a

resolution which shall be subject to a permissive referendum governed in

the manner provided in subdivision seven of section six-g of the general

municipal law and except also that the board of fire commissioners may

at any time sell or otherwise dispose of real and personal property of

the district no longer necessary for any of its uses or purposes without

the adoption of a proposition therefor if the value of such real and

personal property does not exceed the sum of twenty thousand dollars.

23-a. Shall award all contracts for public work and, except when the

office of director of purchasing has been established and a director of

purchasing shall have been appointed and qualified, all purchase

contracts to the lowest responsible bidder after advertisement for bids

where so required by section one hundred three of the general municipal

law. In any case of a purchase from a manufacturer of a motor vehicle

used for fighting fires, whether or not including apparatus used in

connection with such motor vehicle, having a period of probable

usefulness of ten years as determined by section 11.00 of the local

finance law, advertisement for sealed bids may be made and the purchase

contract may be awarded for such motor vehicle and apparatus with the

provision, if the board of fire commissioners shall so specify, that

progress payments be made to the manufacturer as the motor vehicle or

apparatus or both progresses, provided that evidence satisfactory to the

board of fire commissioners as to the progress of such work be produced

with each request by the manufacturer for a progress payment, and

further provided that such progress payments shall not exceed four in

number and that at least twenty-five per cent of the contract price of

the motor vehicle or apparatus or both be withheld by the board of fire

commissioners until such motor vehicle or apparatus or both are

delivered to and accepted by the board of fire commissioners, and

further provided that every such contract providing for progress

payments shall be accompanied by a surety bond of a property/casualty

insurance company, as defined in section one hundred seven of the

insurance law, for the completion of the work, specified in the

contract, within the amount stipulated therein, which bond shall be

filed with the board of fire commissioners.

24. May enter into an agreement with the town in which the fire

district is located in whole or in part for the fire district to issue

fire permits on behalf of the town as provided in and subject to the

provisions of sections one hundred thirty-nine and one hundred

seventy-six-a of this chapter and may terminate any such agreement as

provided in such section one hundred thirty-nine.

25. Shall have power to cause investigations to be made to determine

whether the provisions of laws relating to fire prevention and fire

equipment are being complied with within the fire district and, in case

there is found what appears to be a violation of any town building code

or of any town ordinances, rules and regulations for fire prevention, or

for the removal or repair of unsafe buildings or collapsed structures,

shall report the same to the town building inspector appointed pursuant

to section one hundred thirty-eight of this chapter, or, if there be no

such official, to the town board, for appropriate action.

26. The amount of any indebtedness incurred by a newly created fire

district prior to the first fiscal year for which an annual estimate is

adopted, and the amount of the interest thereon, shall be included in

the first statement of expenditures of the district submitted pursuant

to section one hundred eighty-one of this chapter and shall be assessed

and levied on the taxable property of such district and collected in the

same manner and at the same time as the other amounts included in such

statement of expenditures. The amount so raised shall not be subject to

the limitations of subdivision eighteen of this section.

27. Shall have power to establish within the fire district one or more

zones in which the rate of tax for fire district purposes shall be

different from the rate for other zones or for the portion of the

district not included in any zone, after a public hearing thereon. The

notice of such hearing shall be published and posted and such hearing

shall be held in the manner provided in this article for a hearing upon

the establishment of a fire, fire alarm or fire protection district upon

petition, except that the secretary of the board of fire commissioners

shall perform the duties of the town clerk. Such notice shall specify

the boundaries of the proposed zone or zones and the items of expense of

the district which shall be charged against such zone or zones, other

than those charged against the district as a whole, or the other

respects in which the rates of tax for the proposed zone or zones are to

be different from the rates for the remainder of the district. After

such hearing and upon the evidence given thereat, the board of fire

commissioners shall determine by resolution whether it be in the public

interest to establish the proposed zone or zones. If it be determined

that the establishment of such zone or zones be in the public interest,

such board shall determine whether all the property, property owners and

interested persons within the proposed zone or zones are benefited

thereby or enjoy benefits greater than are conferred upon the remainder

of the district, and whether all property or property owners benefited

or who enjoy such benefits are included within such zone or zones, and

it shall so alter the boundaries of such zone or zones that all property

and property owners and only such property and property owners as are

benefited and enjoy such benefits shall be included within the limits of

such zone or zones. In the event, however, that it is found that any

property, property owner or any interested persons not included in the

zone or zones as originally proposed will be benefited thereby or enjoy

such benefits, a further notice shall be posted and published and

another hearing held as provided herein, unless all said additional

property owners or interested persons affected file a written consent to

be included in such zone or zones. When the boundaries of such zone or

zones shall have been finally determined by such board, a certificate

thereof shall be filed in the office of the town clerk or, if the

district be situated in more than one town, in the offices of the town

clerks of all of the towns in which such district is situated, and such

zone or zones shall be deemed established by the filing of such

certificate. Such board shall also cause such zone or zones to be

correctly marked upon the map of the fire district. It is intended that

the provisions of this subdivision shall apply, for example, so as to

permit one rate of taxation within a given distance of the fire house,

where insurance rates are lower, and another rate for a greater distance

from the fire house, or one rate for that portion of the district which

does not have water hydrants and another rate for that portion of the

district which has water hydrants, or in the event of any other unusual

circumstances making the establishment of a zone or zones desirable.

After such zone or zones shall be established, the annual statement of

expenditures, filed pursuant to section one hundred eighty-one of this

chapter, shall specify the amounts to be raised by taxation in said zone

or zones, which are not to be a general charge against all of the

property of the fire district, and such amounts shall be levied only

upon the property included in such zone or zones. Notwithstanding any

other provision of this chapter, the petition for the creation of a fire

district may provide for the establishment of a zone or zones as

aforesaid, and the town board or boards in the creation of the fire

district may establish such separate zone or zones in the same manner

that they established the fire district, but the provisions relating to

the establishment of zones by the board of fire commissioners of a fire

district shall be followed so far as applicable. In case a petition for

the creation of a fire district calls for the establishment of such a

zone or zones, the notice of the public hearing with respect to the

creation of the fire district shall contain information similar to that

required to be contained in the notice given by the secretary of the

board of fire commissioners where the zone or zones are to be created by

the board of fire commissioners and the town board or boards shall have

all of the powers of a board of fire commissioners with respect to the

creation of such zone or zones. The board of fire commissioners of a

fire district in which a zone or zones shall have been established as

hereinbefore provided may alter the boundaries of any such zone or zones

or cause any such zone or zones to be abolished by procedure similar to

that provided in this section for the establishment of a zone or zones

by the board of fire commissioners.

28. May compromise any suits or claims now existing or hereafter

arising against the fire district under section two hundred five-b of

the general municipal law, and a tax may be levied against the taxable

property of the fire district for such purpose in addition to the sums

authorized by subdivision eighteen of this section, without the adoption

of a proposition therefor, provided, however, that such compromise shall

have been approved by the court in which such action is pending, or if

not pending in any court, by a justice of the supreme court of the

judicial district in which such fire district is located, on motion of

either party supported by the affidavits of both an officer of such fire

district and the claimant or claimants, and the affidavits of such other

persons as the court or justice may require, setting forth facts

sufficient to establish the liability of the fire district and its lack

of adequate defense.

29. May authorize the use of voting machines at any annual or special

election held within the fire district and such voting machine shall be

used in accordance with the provisions contained in article nine of the

election law.

30. May provide by taxation the sum necessary to pay any judgment

recovered against the fire district, or may provide such sum, in whole

or in part, pursuant to the local finance law and any taxes levied for

such purpose against the taxable property of the fire district shall be

in addition to the sums authorized by subdivision eighteen of this

section without the adoption of a proposition therefor.

31. May offer monetary rewards, in sums not to exceed one thousand

dollars, to individuals for information leading to the arrest and

conviction of any person or persons for felonies or misdemeanors

directly connected to vandalism or theft of district property. Such

rewards may be offered on any conditions the board may determine,

subject to whatever qualifications it may deem appropriate.

32. May engage a certified public accountant or public accountant to

audit the accounts and fiscal affairs of the fire district.

33. May authorize the use of fire equipment and apparatus belonging to

the fire district for the purpose of participation in the funeral of a

deceased member or former member of a fire department or fire company

within the district including the transportation of the body of the

deceased firefighter.

34. May adopt a resolution authorizing the application of the

agricultural value assessment established pursuant to article

twenty-five-AA of the agriculture and markets law to the special

assessment or special ad valorem levy made on behalf of the district on

land benefitting from the agricultural value assessment under article

twenty-five-AA of the agriculture and markets law located within the

district. A copy of this resolution shall be delivered to the assessor

or assessors of the unit or units in which the district is located and

shall be effective on the assessment roll prepared after the next

taxable statue date following its adoption. A resolution repealing this

exemption shall be delivered to the assessor or assessors of the

assessing unit or units in which the district is located and shall be

effective on the assessment roll prepared after the next taxable status

date following its adoption.