N.Y. Town Law § 184: Fire protection districts

§ 184. Fire protection districts. * 1. Whenever the town board shall

have established or extended a fire protection district pursuant to the

provisions of this article, the town board shall provide for the

furnishing of fire protection within the district and for that purpose

may (a) contract with any city, village, fire district or incorporated

fire company maintaining adequate and suitable apparatus and appliances

for the furnishing of fire protection in such district or (b) may

acquire by gift or purchase such apparatus and appliances for use in

such district and may contract with any city, village, fire district or

incorporated fire company for operation, maintenance, and repair of the

same and for the furnishing of fire protection in such district, or

both. The contract may also provide for the furnishing of (1) emergency

service in case of accidents, calamities or other emergencies in

connection with which the services of firefighters would be required and

(2) 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 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, or with an ambulance service, certified or registered pursuant to

article thirty of the public health law. Any such contract with any such

ambulance service permitted herein shall be subject to the provisions of

this section.

* NB Effective until April 9, 2031

* 1. Whenever the town board shall have established or extended a fire

protection district pursuant to the provisions of this article, the town

board shall provide for the furnishing of fire protection within the

district and for that purpose may (a) contract with any city, village,

fire district or incorporated fire company maintaining adequate and

suitable apparatus and appliances for the furnishing of fire protection

in such district or (b) may acquire by gift or purchase such apparatus

and appliances for use in such district and may contract with any city,

village, fire district or incorporated fire company for operation,

maintenance, and repair of the same and for the furnishing of fire

protection in such district, or both. The contract may also provide for

the furnishing of (1) emergency service in case of accidents, calamities

or other emergencies in connection with which the services of

firefighters would be required and (2) 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 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, or with an ambulance service,

certified or registered pursuant to article thirty of the public health

law, which is not organized under the provisions of section two hundred

nine-b of the general municipal law. Any such contract with any such

ambulance service permitted herein shall be subject to the provisions of

this section.

* NB Effective April 9, 2031

1-a. (a) Except as provided in paragraph (b) of this subdivision,

prior to commencing the negotiation process for such contract with an

incorporated fire company, the incorporated fire company shall file with

the town board 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.

(b) The provisions of paragraph (a) of this subdivision shall not

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

in accordance with subdivision four of this section. Upon good cause

shown, the town board may, by resolution, waive in whole or in part the

requirement that the fire company file the statement, and copies of

documents, required by paragraph (a) of this subdivision.

2. The contract shall not be entered into until a public hearing has

been held by the town board. 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 shall be at least ten days prior to the

day specified for the hearing. Before any contract to furnish general

ambulance service by an ambulance service is entered into pursuant to

this section, and before any public hearing is conducted as herein

provided, the consent of such ambulance service to furnish general

ambulance sevice shall be obtained. Such consent shall be evidenced by a

copy of a resolution certified by the secretary of a voluntary ambulance

service or the chief executive officer of a professional ambulance

service.

3. Except as provided in subdivision four of this section, 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.

4. Instead of being for a definite term as provided in subdivision

three, 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 twentieth 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 subdivision.

Any such contract may provide that in the month of July of each year in

which such a renewal could occur the town clerk of the town in which the

fire protection district or the major portion thereof is located shall

notify the secretary of the fire department, fire company or ambulance

service 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 twentieth day of August

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

such year.

5. The contract shall specify a definite sum to be paid each year for

all of the services to be rendered thereunder.

6. The amount which is to be paid each year pursuant to any contract

entered into pursuant to the provisions of this section, together with

all other expenses necessarily incurred or occasioned by reason of the

establishment or extension of the fire protection district, shall be

assessed and levied upon the taxable property in the district and

collected in the same manner, at the same time and by the same officers

as town taxes are assessed, levied and collected and, when collected,

the amount thereof shall be paid to the supervisor of the town. The

supervisor shall pay to the city, village, fire district, incorporated

fire company or ambulance service furnishing such service the amount to

be paid each year for the service in one sum or in installments as the

contract may provide.

7. If a fire protection district shall be situated partly in each of

two or more towns any action which would be taken by the town board in

the case of a district situated in only one town shall be taken by the

town boards of the several towns acting jointly by a majority vote of

the members of each of such town boards, and the notice of public

hearing required by this section shall be given by the town clerks of

the several towns acting jointly.

8. 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 (1) amended, (2)

terminated, or (3) terminated and a new contract may be entered into in

lieu thereof, if the town board, 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.

9. The term "fire protection," as used in this section, includes

inspections of buildings and properties in the fire protection district

for the purposes specified in and as authorized by sections eight

hundred seven-a and eight hundred seven-b 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.

10. The provisions of this section 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.