N.Y. Town Law § 176-a: Duties of chief and assistant chiefs of fire department of fire district

§ 176-a. Duties of chief and assistant chiefs of fire department of

fire district. 1. The chief shall, under the direction of the board of

fire commissioners, have exclusive control of the members of the fire

department of the fire district at all fires, inspections, reviews and

other occasions when the fire department is on duty or parade; he shall

also have supervision of the engines, fire trucks, pumpers, hose wagons

and other apparatus and of the equipment and other property used for the

prevention or extinguishment of fire and of all officers and employees

of the fire department. He shall see that the rules and regulations of

the board of fire commissioners are observed and that the orders of the

board of fire commissioners are duly executed. He shall, whenever

required by the board of fire commissioners, report to said board the

condition of the property of said fire district and such other

information as may be required of him. He shall hold the members,

officers and employees of the fire department strictly to account for

neglect of duty and may suspend them for improper conduct, subject to

the action of the board of fire commissioners at its next meeting. In

case of the disability or absence of the chief, the first assistant

chief, and in the case of the disability or absence of both the chief

and first assistant chief, the other assistants, in numerical order,

shall perform the duties and exercise the powers of the chief. When the

fire department or any company or squad thereof is on duty no member of

the board of fire commissioners shall interfere with the duties of the

chief or assistant chief.

2. If an agreement in relation to the issuance of fire permits is

entered into between the town board and the board of fire commissioners

pursuant to section one hundred thirty-nine and subdivision twenty-four

of section one hundred seventy-six of this chapter, the duties performed

for the fire district by the chief, or an assistant chief, of the fire

district fire department in relation to the issuance of the fire permit,

or any preliminary investigation in connection therewith shall, in the

case of any such officer who is a volunteer firefighter, be deemed to

have been performed by him or her in his or her capacity as such and to

be a duty within the meaning of paragraph c of subdivision one of

section five of the volunteer firefighters' benefit law and shall, in

the case of any such officer who is a paid firefighter, be deemed to

have been performed by him or her in his or her capacity as such and to

be a duty within the meaning of section two hundred seven-a of the

general municipal law and other laws applicable in the event of injuries

to or death of paid firefighters in line of duty. A chief or an

assistant chief who is a volunteer firefighter shall not receive any

remuneration for his or her services in relation to the issuance of such

permits and any investigation in relation thereto, and any such officer

who is a paid firefighter shall not receive any additional remuneration

above his or her regular salary for any such service. Any such officer

shall, however, be entitled to his or her actual and necessary travel

expenses or mileage in connection with such services as provided in

section one hundred seventy-eight-c of this article.