N.Y. Volunteer Firefighters' Benefit Law § 5: Coverage

§ 5. Coverage. 1. The duties and activities in relation to which

benefits shall be paid and provided pursuant to this chapter are:

a. Necessary travel to, working at, and necessary travel returning

from a fire, alarm of fire, hazardous material incident or other

emergency to which his fire department, fire company, or any unit

thereof, either has responded or would be required or authorized to

respond, including necessary travel during such work or incidental

thereto.

b. While, within the state, personally assisting another fire

department, fire company, or any unit thereof pursuant to the provisions

of section two hundred nine-i of the general municipal law, including,

after his services have been duly accepted, necessary travel to and

returning from such work and necessary travel during such work or

incidental thereto.

c. While, within the state and pursuant to orders or authorization,

performing duties at the firehouse, or elsewhere, directly related to

(1) the prevention of fires or other disasters, (2) the investigation of

fires or other disasters, (3) the inspection of property for fire

hazards or other dangerous conditions, including necessary travel

directly connected therewith.

d. While, within this country or in Canada and pursuant to orders or

authorization, instructing or being instructed in fire duties, attending

a training school or course of instruction for firefighters, or

attending or participating in any noncompetitive training program,

including necessary travel directly connected therewith, as well as

necessary travel to and necessary travel returning from such activity.

e. While, within this country or in Canada and pursuant to orders or

authorization, attending or participating in any drill, parade, funeral,

inspection or review in which his fire department, fire company, or any

unit thereof, is engaged, including necessary travel directly connected

therewith, as well as necessary travel to and necessary travel from such

activity.

f. While, within the state and pursuant to orders or authorization,

attending or working at meetings of his fire department or fire company,

or any organized unit thereof, at the firehouse or other regular or

special headquarters of the department, company or unit, including

necessary travel directly connected therewith other than travel to or

returning from such meetings.

g. While, within the state and pursuant to orders or authorization,

working in connection with the construction, testing, inspection, repair

or maintenance of (1) the firehouse and the fixtures, furnishings and

equipment thereof, and (2) the fire fighting vehicles, fire apparatus

and equipment used by the fire department, fire company, or other unit

thereof, including necessary travel directly connected therewith other

than travel to or returning from such work.

h. While, within the state and pursuant to orders or authorization,

working in connection with the construction, testing, inspection, repair

or maintenance of the fire alarm system, water supply system, fire well,

fire cistern or fire suction pool, used by the fire department or fire

company, including necessary travel directly connected therewith, as

well as necessary travel to and necessary travel from such activity.

i. While, within this country or in Canada and pursuant to orders or

authorization, practicing for, or participating as a contestant or an

official in, any competitive tournament, contest or public exhibition

conducted for firefighters which is intended to promote the efficiency

of the fire department, fire company or any unit thereof, including

necessary travel directly connected therewith other than travel to and

returning from such practice. The actual rendition of fire or other

emergency service shall not be deemed "practicing" within the meaning of

this paragraph.

j. While, pursuant to orders or authorization, engaged in the

inspection of fire fighting vehicles and fire apparatus prior to

delivery under a contract of purchase, or performing duties in relation

to the delivery thereof, including necessary travel directly connected

therewith, as well as necessary travel to and necessary travel returning

from such activity.

k. Necessary travel to, work in connection with, and necessary travel

returning from a call for general ambulance service by a member of an

emergency rescue and first aid squad which has been authorized to

furnish such service pursuant to section two hundred nine-b of the

general municipal law, including necessary travel during such work or

incidental thereto.

l. While, within this country or Canada and pursuant to orders or

authorization, attending a convention or conference of firefighters or

fire officers or fire district officers as the authorized delegate or

representative of his or her fire department, fire company or any unit

thereof, including necessary travel directly connected therewith, as

well as necessary travel to and necessary travel returning from such

activity.

m. While, within the state and pursuant to orders or authorization,

working in connection with a fund raising activity of his or her fire

company, as defined in subdivision fifteen of section three of this

chapter including necessary travel directly connected therewith, as well

as necessary travel to and necessary travel returning from such

activity, but shall not include competitive events in which volunteer

firefighters are competitors, such as baseball, basketball, football,

bowling, tugs of war, water-ball fights, donkey baseball, boxing,

wrestling, contests between bands or drum corps, or other competitive

events in which volunteer firefighters are competitors and which involve

physical exertion on the part of the competitors.

n. While, within the state and pursuant to orders or authorization,

performing work or service leading or directing a youth program

established pursuant to section two hundred four-b of the general

municipal law, including necessary travel directly connected therewith,

as well as necessary travel to and necessary travel returning from such

activity. This paragraph shall not be interpreted as providing coverage

for participants in such youth programs.

o. While, within the state and pursuant to orders or authorization,

performing the duty of pumping out water or any other substance from the

basement or other part of a building, including necessary travel

directly connected therewith.

p. While, within the state and pursuant to orders or authorization,

instructing, supervising, being instructed or participating in a

supervised physical fitness class, group session or program for the

purpose of promoting or maintaining the performance of their duties as

firefighters, as well as necessary travel to and necessary travel from

such activity, but shall not include competitive sporting events in

which volunteer firefighters are competitors.

2. Benefits shall not be paid and provided pursuant to this chapter in

the following instances:

a. Work or service rendered by a volunteer firefighter while on a

leave of absence pursuant to either section two hundred-b or section two

hundred-c of the general municipal law, unless such work or service is

performed pursuant to subdivision one-a of section two hundred-b or

subdivision one-a of section two hundred-c of the general municipal law,

or pursuant to any other general, special or local law, charter or

ordinance or pursuant to the constitution, by-laws, rules or regulations

applicable to the fire company or fire department of which he or she is

a member.

b. Practice for and participation in any recreational, social, or fund

raising activity other than a fund raising activity for which coverage

is provided under paragraph m of subdivision one of this section.

c. Work or service rendered by a volunteer firefighter while suspended

from duty pursuant to section two hundred nine-l of the general

municipal law, article eight of the village law or pursuant to any other

general, special or local law, charter or ordinance or pursuant to the

constitution, by-laws, rules or regulations applicable to the fire

company or fire department of which he or she is a member.

d. Work or service not rendered as a volunteer firefighter, but

rendered as an officer, official or employee of a public corporation or

any special district thereof, whether with or without remuneration, even

though by law a requirement for such office, position or employment

shall be that such officer, official or employee shall have been or must

be a volunteer firefighter.

e. Work or service not rendered as a volunteer firefighter, but

rendered in the course of his or her employment for a private employer.

f. Work or service not rendered as a volunteer firefighter, but

rendered as a civil defense volunteer.

g. Work, service or activities in which the volunteer firefighter has

been ordered not to participate.

This subdivision shall not be deemed to enumerate all of the

activities engaged in by volunteer firefighters for which mandatory

coverage is not provided by this chapter, or to prohibit any of the

activities described in this subdivision, or to prevent the securing of

insurance pursuant to section four thousand two hundred thirty-seven of

the insurance law to cover volunteer firefighters when engaged in

activities other than those for which mandatory coverage is provided by

this chapter.