2006 New York Code - Defining Qualifications Of Exempt Volunteer Firemen.
§ 200. Defining qualifications of exempt volunteer firemen. An exempt
volunteer fireman is hereby declared to be a person who as a member of a
volunteer fire company duly organized under the laws of the state of New
York shall have at any time after attaining the age of eighteen years
faithfully actually performed service in the protection of life and
property from fire within the territory immediately protected by the
company of which he is a member, and while a bona fide resident therein,
for a period of five years, as provided in this article, or, if such
company shall have been sooner disbanded upon the organization of a paid
fire department, for a period of at least one year and shall also have
been a member of such volunteer fire company at the time it shall have
been disbanded; but the limitation of one year's service shall not apply
to a volunteer fireman who was a member of a fire company which was
disbanded prior to January first, nineteen hundred two. The foregoing
residence requirements shall not apply (1) to a volunteer fireman who
has been duly elected to membership in his fire company as a
non-resident member residing in territory which is afforded fire
protection by his fire company pursuant to a contract for fire
protection, as authorized by paragraph three of subdivision c of section
fourteen hundred two of the not-for-profit corporation law or by
subdivisions two and three of either section 10-1006 of the village law,
section one hundred seventy-six-b of the town law or section sixteen-a
of the general city law, (2) to a volunteer fireman whose membership has
been duly continued in his fire company as authorized by paragraph three
of subdivision c of section fourteen hundred two of the not-for-profit
corporation law or by subdivision five of either section 10-1006 of the
village law, section one hundred seventy-six-b of the town law or
section sixteen-a of the general city law and (3) to a volunteer fireman
who has been duly elected to membership as a non-resident as authorized
by paragraph three of subdivision c of section fourteen hundred two of
the not-for-profit corporation law or by subdivision six of either
section 10-1006 of the village law, section one hundred seventy-six-b of
the town law or section sixteen-a of the general city law. The foregoing
requirement of five years' service shall not apply to a volunteer
fireman serving as such at the time of his entry into the military
service of the United States or of one of its allies in world war II, or
during the period of hostilities as defined in subparagraph three or
subparagraph four of paragraph (c) of subdivision one of section
eighty-five of the civil service law, who, as a result of such military
service, shall have become incapacitated for performing the full duties
of a volunteer fireman, or to a volunteer fireman who, as the result of
the performance of his duties as such, shall have become likewise
incapacitated, but any such volunteer fireman shall be an exempt
volunteer fireman even though he may have served as such for a lesser
period than five years, and he shall be entitled to a certificate as
provided in section two hundred two of this chapter which, in addition
to the specifications contained in said section, shall set forth the
facts in reference to his military service, if any, as aforesaid and
that as a result of such military service, or as the result of service
as a volunteer fireman, he was incapacitated for performing the full
duties of a volunteer fireman. The term "military service" as used in
this section shall mean the same as the term "military duty" as used in
section two hundred forty-three of the military law, except that it
shall relate to service for an ally of the United States in world war II
as well as to service for the United States.
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