US Laws, Codes, Statutes & Cases

 
  § 1402. Fire corporations.
    (a) Certificate of incorporation; additional contents.
    In  addition  to  the  requirements  of  section  402  (Certificate of
  incorporation; contents), the certificate of  incorporation  of  a  fire
  corporation shall state the precise boundaries of the territory in which
  the corporation intends to operate.
    (b) Type of corporation.
    A fire corporation is a Type B corporation under this chapter.
    (c) Appointment of firemen.
    (1)  A  person shall not be eligible to be named in the certificate of
  incorporation of a fire corporation unless he shall be at least eighteen
  years of age and a resident of a city, village, fire district,  or  town
  outside  of  villages  and  fire  districts,  where the fire corporation
  intends to operate.
    (2) If the fire corporation becomes part of the fire department  of  a
  city,  village  or  fire  district, a person shall not be eligible to be
  elected as a member or to continue as a member except as provided by law
  for volunteer members of the fire companies in  such  city,  village  or
  fire district.
    (3)  In towns outside of villages and fire districts, the consent of a
  majority of the members of the town board to the  formation  of  a  fire
  corporation  shall constitute an appointment of the persons named in the
  certificate of incorporation as town firemen. Thereafter, other eligible
  persons may be elected as members pursuant to the by-laws  of  the  fire
  corporation,  but  the election of a member must be approved by the town
  board of each  town  which  consented  to  the  formation  of  the  fire
  corporation.  Such  a  person  shall  be  a  resident  of  the territory
  specified in the certificate of incorporation or  of  territory  outside
  such   boundaries   which  is  afforded  fire  protection  by  the  fire
  corporation pursuant to a contract for fire  protection  under  which  a
  cash   consideration  is  received  by  the  corporation  or  for  which
  negotiations for renewal of such a contract are pending. The  membership
  of  any volunteer member shall terminate when he ceases to be a resident
  of such inside or outside territory, except  that  the  corporation  may
  authorize  his  continued  membership where he notifies the secretary of
  the fire corporation (a) that he plans to  change  his  residence  to  a
  territory which is not in such inside or outside territory, and (b) that
  by  reason  of  his residence in the vicinity or his usual occupation he
  will be available to render active service as  a  volunteer  fireman  in
  either   such   inside  or  such  outside  territory.  Voting  for  such
  authorization shall be pursuant to the by-laws. Such authorization shall
  not become effective unless approved by resolution of the town board  of
  each  town  which  consented  to  the  formation of the corporation. Any
  membership so continued shall terminate when the member  can  no  longer
  meet the requirements of this subparagraph. A person who cannot meet the
  residence requirements of this subparagraph may be elected to membership
  as  a  volunteer member if by reason of his residence in the vicinity or
  his usual occupation he will be available to render active service as  a
  volunteer  fireman  in such inside or outside territory. Voting for such
  election shall be pursuant to  the  by-laws.  Such  election  shall  not
  become effective unless approved by resolution of the town board of each
  town   which  consented  to  the  formation  of  the  corporation.  Such
  membership shall terminate when  the  member  can  no  longer  meet  the
  requirements  of  this  subparagraph. The election or continuance of any
  person as a member shall be deemed to have been  approved  by  the  town
  board pursuant to this subparagraph in the event that no action is taken
  by  the  town board, either approving or disapproving, within forty days
  in the case of residents of the territory specified in  the  certificate
  of  incorporation  or  of outside contract territory, and within seventy
  days in the case of all others, after service of written notice of  such
  election  or  continuance  of  membership  shall  have  been made by the
  secretary  of  the corporation upon the town clerk, either personally or
  by mail. The membership of any volunteer fireman shall not be  continued
  pursuant  to  this  subparagraph,  and  persons who do not reside in the
  territory specified in the certificate of incorporation or in  territory
  protected  pursuant  to  a  contract  for  fire  protection shall not be
  elected  to  membership,  if,  by  so  doing,  the  percentage  of  such
  nonresident  members in the fire corporation would exceed forty-five per
  centum of the actual membership thereof. Nonresidents of  the  territory
  specified in the certificate of incorporation whose volunteer membership
  has  been  authorized  or continued pursuant to this subparagraph may be
  elected or appointed to any office in the  fire  corporation  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 this subparagraph, or who was elected to
  membership pursuant to this subparagraph, 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 is  outside  of  this
  state  unless  and until he has first reported to the officer or fireman
  in command of his 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.  A  person  shall  not  be eligible to volunteer
  membership in any other fire corporation or fire company  at  one  time.
  The provisions of this subparagraph shall not be deemed to authorize the
  election or the continuance of any person as a member of the corporation
  if  such  election or continuance of membership shall be contrary to the
  by-laws, rules or regulations of the fire corporation.
    (4) A person who has been convicted of arson in any degree  shall  not
  be  eligible  to  be named in the certificate of incorporation of a fire
  corporation, or to be elected or appointed as a volunteer  member  of  a
  fire  corporation.  The  membership  of  any  volunteer member of a fire
  corporation shall immediately terminate if he is convicted of  arson  in
  any degree while a member of a fire corporation.
    (5)   Upon  application  by  any  person  for  membership  in  a  fire
  corporation 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.
    (d) Incorporation of fire corporations in towns legalized.
    Any fire, hose, protective or hook and ladder  corporation  heretofore
  organized  under  any  general law with the consent of the town board in
  the territory  served  by  such  corporation  is  hereby  legalized  and
  confirmed,  notwithstanding the omission of any town board to appoint or
  confirm the members of such  corporations  as  town  firemen.  Any  such
  corporation  shall  hereafter  be  subject  to  the  provisions  of this
  section.
    (e) Powers.
    (1)    A  fire,  hose,  protective  or  hook  and  ladder  corporation
  heretofore  incorporated  under  any  general  law or a fire corporation
  hereafter incorporated under this section shall be under the control  of
  the  city,  village,  fire  district or town authorities having, by law,
  control over the prevention or extinguishment  of  fires  therein.  Such
  authorities  may  adopt  rules  and  regulations  for the government and
  control of such corporations. Notwithstanding the provisions of any such
  local law, a person who has been convicted of arson in any degree  shall
  not be eligible for nomination, election or appointment to any office of
  the   corporation,  nor  may  such  person  serve  as  director  of  the
  corporation.  Any fire corporation officer or director who is  convicted
  of  arson  in any degree during his term of office shall be disqualified
  from completing such term of office.
    (2) Where a fire corporation formed outside of a city, village or fire
  district  furnishes  fire  protection  to  territory  outside   of   the
  boundaries  specified  in  its  certificate  of  incorporation, the fire
  corporation and the members thereof shall be under the exclusive control
  of the town board of the town in which the  fire  corporation  maintains
  its apparatus.
    (3)  The  emergency  relief  squad  of a fire corporation incorporated
  under this section or subject to the provisions thereof shall have power
  to furnish general ambulance service  when  duly  authorized  under  the
  provisions of section two hundred nine-b of the general municipal law.
    (4) Any fire company incorporated under this section or subject to the
  provisions thereof shall have power to engage in fund raising activities
  pursuant to section two hundred four-a of the general municipal law.
    5.  Any fire company incorporated under this section or subject to the
  provisions  thereof  shall  have  power,  subject  to  the  approval  or
  authorization of the town board, to attend a funeral.
    (f) Directors to file report.
    It shall be the duty of the directors of all fire, hose, protective or
  hook  and  ladder  corporations incorporated under a general law or of a
  fire corporation formed under  this  section  in  territory  outside  of
  cities  or  villages,  or a majority of them, on or before the fifteenth
  day of January in each year, to make and  file  in  the  county  clerk's
  office,  where  the  certificate  of  incorporation  is filed a verified
  certificate, stating the names of the  directors  and  officers  of  the
  corporation, containing an inventory of its property, a statement of its
  liabilities  and  that  the  corporation  has  not  engaged, directly or
  indirectly, in any business other than that set forth in its certificate
  of incorporation.
    (g) Firemen's exemption.
    Every active fireman who shall be a member of a corporation subject to
  the provisions of this section shall  be  entitled  to  all  the  rights
  granted  by  law  to volunteer firemen and every such active fireman who
  shall meet the requirements  of  section  two  hundred  of  the  general
  municipal  law shall be entitled to the additional rights granted by law
  to exempt volunteer firemen.
    (h) Legalization of membership of fire corporations in  towns  outside
  villages and fire districts.
    (1) Any person:
    (A)  who  was  recognized  prior  to  the  first day of July, nineteen
  hundred fifty-four, as a volunteer member of a fire corporation  subject
  to the provisions of this section located in a town outside villages and
  fire  districts  by the town board or by the officers and members of the
  fire corporation, and
    (B) who rendered active service with such fire  corporation  prior  to
  such date, and
    (C)  who was, at the time of his election to membership, a resident of
  the territory specified  in  the  certificate  of  incorporation  or  of
  territory  outside such boundaries which was afforded fire protection by
  the fire corporation pursuant to a contract for fire protection,
  shall for all purposes in law be considered to have  been  duly  elected
  and  confirmed  as  a  member in such fire corporation as of the date of
  such confirmation, 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
  town  board  to  confirm such member, as provided by the law in force at
  the time of such election, and the status of such person as a  volunteer
  fireman  as  of  the  date  of  such  confirmation or election is hereby
  legalized, validated and confirmed. This subparagraph shall not apply to
  a person, if any, whose volunteer membership in a fire  corporation  was
  declared invalid by a court of competent jurisdiction prior to the first
  day of January, nineteen hundred fifty-five.
    (2) Any person:
    (A)  who  was  recognized  on or after the first day of July, nineteen
  hundred fifty-four and prior to the first day of January,  two  thousand
  three  as  a  volunteer  member  of  a  fire  corporation subject to the
  provisions of this section located in a town outside villages  and  fire
  districts  by  the town board or by the officers and members of the fire
  corporation, and
    (B) who rendered active service with  such  fire  corporation  between
  such dates, and
    (C)  who was, at the time of his election to membership, a resident of
  the territory specified  in  the  certificate  of  incorporation  or  of
  territory  outside such boundaries which was afforded fire protection by
  the fire corporation pursuant to a contract for fire protection, or  who
  was  a  nonresident  elected  to  membership  or  who was continued as a
  member, pursuant to the provisions of subparagraph  (A)  shall  for  all
  purposes  in  law be considered to have been duly elected and confirmed,
  or continued, as a member in such fire corporation as  of  the  date  of
  such  confirmation,  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  approval,
  if  any, by the town board and, if none, as of the date of authorization
  of continuance by the fire corporation; notwithstanding that  there  may
  have  been  some  legal  defect  in  such  election,  or the proceedings
  thereto, or a failure of the town board  to  confirm  the  election,  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 fireman as of such date is hereby
  legalized, validated and confirmed. This subparagraph shall not apply to
  a person, if any, whose volunteer membership in a fire  corporation  was
  declared invalid by a court of competent jurisdiction prior to the first
  day of January, two thousand three.
    (i)  Discrimination  because  of race, color, creed or national origin
  prohibited.
    (1) It shall be an unlawful discriminatory practice for any  volunteer
  fire department, fire company or fire corporation, through any member or
  members  thereof, directors, officers, members of a town board, board of
  fire commissioners or other body or office having power  of  appointment
  of  volunteer  firemen  in  any  fire  department,  fire company or fire
  corporation 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.
    (2)  Any person claiming to be aggrieved by an unlawful discriminatory
  practice pursuant to this paragraph 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.