N.Y. Town Law § 176-b: Volunteer members of fire district fire companies

§ 176-b. Volunteer members of fire district fire companies. 1. The

volunteer members of a fire company shall be elected and appointed as

provided in this section.

2. The board of fire commissioners shall appoint residents of the fire

district as the volunteer members of any newly organized fire company.

Thereafter, the fire company may elect other eligible persons, including

fire district officers, as volunteer members. The election shall be

pursuant to the by-laws, if any, of the fire company; otherwise, by a

three-fourths vote of the members of the fire company present and voting

at a regular or special meeting thereof. The membership of any person so

elected shall become effective when approved by resolution of the board

of fire commissioners. Membership shall be deemed to have been approved

pursuant to this subdivision in the event that no action is taken by the

board of fire commissioners, either approving or disapproving, within

forty days after service of written notice of election to membership

shall have been made by the secretary of the fire company upon the

secretary of the board of fire commissioners, either personally or by

mail.

3. Any person elected to membership as a volunteer member of a fire

company shall be a resident of the fire district or of territory outside

the fire district which is afforded fire protection by the fire

department of the fire district, or any fire company thereof, pursuant

to a contract for fire protection, except as otherwise provided in

subdivision six.

4. The membership of a volunteer member of a fire company shall

terminate when he ceases to be a resident of the fire district or of any

territory outside the fire district which is afforded fire protection by

the fire department of the fire district, or any fire company thereof,

pursuant to a contract for fire protection, except as otherwise provided

in subdivision five.

5. Any fire company may authorize the continued membership of any

volunteer member where such member notifies the secretary of his or her

fire company (a) that he or she plans to change his or her residence to

territory which is not in the fire district and is not protected by the

fire department of the district, or any fire company thereof, pursuant

to a contract for fire protection, and (b) that by reason of his or her

residence in the vicinity or his or her usual occupation he or she will

be available to render active service as a volunteer firefighter in the

fire district or in territory outside the fire district which is

afforded fire protection pursuant to a contract for fire protection by

the fire department of the fire district, or a fire company thereof.

Such authorization shall be pursuant to the by-laws, if any, of the fire

company of which he or she is a member, otherwise by a three-fourths

vote of the members of such fire company present and voting at a regular

or special meeting thereof. Such authorization shall not become

effective unless approved by resolution of the board of fire

commissioners. Such authorization shall be deemed to have been approved

pursuant to this subdivision in the event that no action is taken by the

board of fire commissioners, either approving or disapproving, within

forty days after service of written notice of such authorization shall

have been made by the secretary of the fire company upon the secretary

of the board of fire commissioners, either personally or by mail. Any

membership continued pursuant to the provisions of this subdivision

shall terminate when the member cannot meet either the requirements of

this subdivision or the residence requirements of subdivision three of

this section. In the case of a fire district which adjoins another

state, the term "vicinity", as used in this subdivision, includes

territory in this state and territory in the adjoining state.

6. A person who cannot meet the residence requirements of subdivision

three of this section may be elected to membership as a volunteer member

of any fire company of the fire department if by reason of his or her

residence in the vicinity or his or her usual occupation he or her will

be available to render active service as a volunteer firefighter in the

fire district or in territory which is afforded fire protection pursuant

to a contract for fire protection by the fire department of the fire

district, or a fire company thereof. Such election shall be pursuant to

the by-laws, if any, of the fire company; otherwise by a three-fourths

vote of the members of the fire company present and voting at a regular

or special meeting thereof. The membership of any person so elected

shall not become effective unless approved by resolution of the board of

fire commissioners. Membership shall be deemed to have been approved

pursuant to this subdivision in the event that no action is taken by the

board of fire commissioners, either approving or disapproving within

seventy days after service of written notice of election to membership

shall have been made by the secretary of the fire company upon the

secretary of the board of fire commissioners, either personally or by

mail. The membership of any volunteer member elected pursuant to the

provisions of this subdivision shall terminate when the member cannot

meet either the requirements of this subdivision or the residence

requirements of subdivision three of this section. In the case of a fire

district which adjoins another state, the term "vicinity", as used in

this subdivision, includes territory in this state and territory in the

adjoining state.

7. (a) The membership of any volunteer firefighter shall not be

continued pursuant to subdivision five of this section, and persons

shall not be elected to membership pursuant to subdivision six of this

section, if, by so doing, the percentage of such non-resident members in

the fire company would exceed forty-five per centum of the actual

membership of the fire company, provided however, that the provisions of

this subdivision shall not apply to the memberships of the Shelter

Island Heights fire district, the Cherry Grove fire district, the Fire

Island Pines fire district, the Davis Park fire department, and the Cold

Spring Harbor fire district in Suffolk county, the New Hampton fire

district, the Mechanicstown fire district, the Pocatello fire district,

the Washington Heights fire district and the Good Will fire district in

Orange county, the Jericho fire district, the Westbury fire district and

the Roslyn Rescue Hook and Ladder Company, No. 1 in Nassau county, the

Orangeburg fire district in Rockland county, the South Lockport Fire

Company and the Terry's Corners volunteer fire company in Niagara

County, the Taunton fire district and the Onondaga Hill fire department

in Onondaga county, the Town of Batavia fire department in Genesee

County, the Schuyler Heights fire district, the Boght Community fire

district and the Slingerlands fire district I in Albany county, the town

of Providence fire district in Saratoga county, the River Road fire

district, No. 3 and the Armor Volunteer Fire Company in Erie county, the

Sir William Johnson Fire Company in Fulton county, the Fort Johnson Fire

district in Montgomery county or the memberships of the Millwood fire

district, the Purchase Fire District, the North Castle South Fire

District, No. 1 in Westchester county, the Thornwood fire company, No. 1

in Westchester county and the Rockland Lake fire district in Rockland

county.

(b) Upon application by a fire district or fire company to the state

fire administrator, the requirements of paragraph (a) of this

subdivision shall be waived, provided that no adjacent fire district

objects within sixty days of notice, published in the state register.

Any such objection shall be made in writing to the state fire

administrator setting forth the reasons such waiver should not be

granted. In cases where an objection is properly filed, the state fire

administrator shall have the authority to grant a waiver upon

consideration of (1) the difficulty of the fire company or district in

retaining and recruiting adequate personnel; (2) any alternative means

available to the fire company or district to address such difficulties;

and (3) the impact of such waiver on adjacent fire districts.

8. The board of fire commissioners by resolution may restrict the

membership of volunteer members in any or all of the fire companies of

the fire department to residents of the fire district. Any volunteer

member who then resides in territory outside the fire district shall

cease to be a member of any fire company to which the restriction is

applicable unless the resolution provides that his membership shall

continue during the existence of any contract for fire protection to

such territory by his company or during the period in which he may

continue to meet the requirements of subdivision three, five or six.

9. Residents of outside territory which is protected pursuant to a

contract for fire protection who have been elected to volunteer

membership, and non-residents whose volunteer memberships have been

continued or authorized pursuant to subdivision five or six of this

section may be elected or appointed to any office in the fire company or

fire department 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 subdivision five

of this section, or a non-resident of this state who was elected to

membership pursuant to subdivision six of this section, shall not be

considered to be performing any firemanic duty, or to be engaged in any

firemanic activity, as a member of the fire company while he or she is

outside of this state unless and until he or she has first reported to

the officer or firefighter in command of his or her 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.

10. A person shall not be eligible to volunteer membership in more

than one fire company at one time.

11. The term "contract for fire protection" as used in this section

means one under which a cash consideration is received by the fire

district or by the fire department or a fire company thereof for the

furnishing of fire protection to an area outside the fire district. Any

such contract shall be deemed in full force and effect for the purposes

of this section if negotiations are pending for the renewal thereof.

12. The provisions of this section shall not be deemed to authorize

the election of any person as a member of a fire company, or the

continuance of membership in a fire company as herein provided, if such

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

rules or regulations of the fire company or of the fire department of

the fire district.

13. Any person:

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

hundred fifty-four, as a volunteer member of any fire company of the

fire district by the board of fire commissioners of the fire district or

by the officers and members of his fire company, and

(2) who rendered active service with such fire company prior to such

date, and

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

resident of the fire district or of territory outside the fire district

which was afforded fire protection by the fire department of the fire

district, or any fire company thereof, pursuant to a contract for fire

protection,

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

and appointed to membership in such fire company as of the date of such

appointment, 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

board of fire commissioners to appoint 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 appointment or

election is hereby legalized, validated, and confirmed. This

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

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

competent jurisdiction prior to the first day of January, nineteen

hundred fifty-five.

14. Any person:

(1) who was recognized on and 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 any fire company of the fire district

by the board of fire commissioners of the fire district or by the

officers and members of his fire company, and

(2) who rendered active service with such fire company between such

dates, and

(3) who was, at the time of his election to membership, a resident of

the fire district or of territory outside the fire district which was

afforded fire protection by the fire department of the fire district, or

any fire company thereof, pursuant to a contract for fire protection,

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

continued as a member, pursuant to the provisions of subdivision five or

six of this section, shall for all purposes in law be considered to have

been duly elected and approved, or continued, as a member in such fire

company as of the date of such approval, 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 the approval, if any, by the board of fire commissioners, and,

if none, as of the date of authorization of continuance by the fire

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

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

board of fire commissioners to approve such member, 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 subdivision shall not apply to

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

disapproved by the board of fire commissioners or declared invalid by a

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

thousand eleven.

15. (a) It shall be an unlawful discriminatory practice for any

volunteer fire department or fire company, through any member or members

thereof, officers, board of fire commissioners or other body or office

having power of appointment of volunteer firefighters in any fire

department or fire company 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.

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

practice pursuant to this section 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.

16. A person who has been convicted of arson in any degree shall not

be eligible to be elected or appointed as a volunteer member of a fire

company. The membership of any volunteer member of a fire company shall

immediately terminate if he is convicted of arson in any degree while a

member of a fire company.

17. Upon application by any person for membership in a fire company

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.