2006 New York Code - Removal Of Civil Liability Barriers.

 
    §  205-f.  Removal  of  civil  liability  barriers.  1.  (a) Liability
  protection. (1) A fire company or political subdivision  as  defined  in
  section  three  of  the volunteer firefighters' benefit law, including a
  person acting as an agent thereof,  that  acts  reasonably  in  donating
  qualified  fire  control  or  fire  rescue equipment to a volunteer fire
  company shall not be liable in civil damages under  any  state  law  for
  personal  injuries,  property  damage, or death proximately caused after
  the donation by a defect in the equipment.
    (2) Any state or local agency, including a person acting as  an  agent
  of   such   an   agency,  that  acts  reasonably  in  administering  the
  distribution of qualified fire control or fire  rescue  equipment  to  a
  volunteer  fire  company  or political subdivision as defined in section
  three of the volunteer firefighters' benefit law, shall  not  be  liable
  for  civil  damages  under any state law for personal injuries, property
  damage, or death proximately caused after the distribution by  a  defect
  in the equipment.
    (b)   Exceptions  to  liability  protection.  Paragraph  (a)  of  this
  subdivision shall not apply to a person or agency if:
    (1) the defect that proximately causes the  injury,  damage,  or  loss
  resulted  from  an  act  or  omission  of  the  person  or  agency, that
  constitutes  malice,  gross  negligence,  recklessness,  or  intentional
  misconduct;
    (2)  the  person  or  agency is the manufacturer of the qualified fire
  control or fire rescue equipment; or
    (3) the person or agency modified or altered the  equipment  after  it
  had  been  recertified  by  an  authorized  technician  as  meeting  the
  manufacturer's specifications.
    2. For the purposes of this section the following  words  and  phrases
  shall have the following meanings:
    (a)  "Person"  means  any  individual  and  any  governmental or other
  entity.
    (b) "Qualified fire control or rescue equipment" means fire control or
  fire rescue  equipment  that  has  been  recertified  by  an  authorized
  technician  as  meeting  the  manufacturer's specifications and has been
  distributed through a state  or  local  agency  to  the  volunteer  fire
  company.
    (c) "Authorized technician" means a technician that has been certified
  by  the manufacturer of fire control or fire rescue equipment to inspect
  such equipment. The technician need not be  employed  by  the  state  or
  local  agency administering the distribution of the fire control or fire
  rescue equipment.