2006 New York Code - Permanent Appointment Of Fire Fighters; Completion Of Training Program.
§ 209-w. Permanent appointment of fire fighters; completion of
training program. 1. Notwithstanding the provisions of any general,
special, or local law or charter to the contrary, no person shall, after
the effective date of regulations adopted by the governor pursuant to
section one hundred fifty-nine-d of the executive law, receive an
original appointment on a permanent basis as a fire fighter of any
county, city, town, village, or fire district unless such person has
previously been awarded a certificate by the state fire administrator
attesting to his satisfactory completion of an approved fire basic
training program; and every person who is appointed on a temporary basis
or for a probationary term or on other than a permanent basis as a fire
fighter of any county, city, town, village or fire district shall
forfeit his position as such unless he previously has satisfactorily
completed, or within the time prescribed by regulations promulgated by
the governor pursuant to section one hundred fifty-nine-d of the
executive law, satisfactorily completes, a fire basic training program
for temporary or probationary fire fighters and is awarded a certificate
by the state fire administrator attesting thereto.
2. The term fire fighter, as used in this section, shall mean a member
of a fire department whose duties include fire service as the phrase
fire service is defined in paragraph d of subdivision eleven of section
three hundred two of the retirement and social security law.
3. Nothing in this section shall be construed to exempt any fire
fighter or other officer or employee from the provisions of the civil
service law.
4. The provisions of this section shall not prevent the establishment
of more restrictive local requirements for appointment of fire fighters.
5. Any person whose name was on an eligible list for appointment in
the competitive class of the civil service as a fire fighter on the
effective date of any rules and regulations promulgated by the governor
pursuant to section one hundred fifty-nine-d of the executive law shall
continue to remain eligible for permanent appointment from such list
during the life of such list without satisfying the requirements set
forth in subdivision one of this section, provided he would otherwise
have remained eligible for permanent appointment from such list if this
section had not been enacted.
6. The provisions of this section shall not apply to appointments made
by any county, city, town, village or fire district which employs five
or fewer fire fighters.
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