2006 New York Code - Outside Service By Local Fire Departments, Companies, Ambulance Districts And Airport Crash-fire-rescue Units.

 
    § 209. Outside service by local fire departments, companies, ambulance
  districts and airport crash-fire-rescue units. 1. The fire department of
  any city, village or fire district, the fire companies serving territory
  outside  of  villages  and  fire  districts  in  any  town  and the fire
  departments of any town which has a town fire department,  an  ambulance
  district  and  a  county  or  public authority which operates an airport
  crash-fire-rescue unit, may answer calls for assistance outside the area
  regularly  served  and  protected  by  such  fire  department  or   fire
  companies,  ambulance  district or crash-fire-rescue unit and may engage
  and participate in fire training programs in territory outside the  area
  regularly  served and protected by such fire department, fire companies,
  ambulance districts or crash-fire-rescue unit. While in the  performance
  of their duties under this subdivision, the members of such departments,
  companies,  districts  or  crash-fire-rescue  units  shall have the same
  immunities and privileges as if such duties were  performed  within  the
  area  regularly  served  and  protected  by such departments, companies,
  districts or crash-fire-rescue units. While responding  to  a  call  for
  assistance  under  this  subdivision  a  city,  village,  fire district,
  ambulance district, town or county  or  public  authority  operating  an
  airport  crash-fire-rescue  unit  shall  be liable for the negligence of
  firemen of the city  fire  department,  village  fire  department,  fire
  district  fire  department,  town fire department, ambulance district or
  crash-fire-rescue unit, respectively, occurring in  the  performance  of
  their  duties  in  the  same  manner  and  to the same extent as if such
  negligence occurred in the performance of their duties within  the  area
  regularly  served and protected by such departments, districts or units.
  The legislative body of any county, city or village, the board  of  fire
  commissioners  or  other governing board of any fire district, ambulance
  district or public authority or the town board of any town  in  relation
  to  the  fire  companies  serving territory outside of villages and fire
  districts or in  relation  to  a  town  fire  department,  or  ambulance
  district,  as  the  case may be, by resolution may restrict such outside
  service and training to such extent as it shall deem advisable. Any such
  resolution shall continue in effect until amended  or  repealed  by  the
  adoption  of a subsequent resolution.  The officer in charge of any fire
  department or fire company  or  ambulance  district  shall  be  notified
  promptly  of the adoption of any such resolution and of any amendment or
  repeal thereof. In a county, city, or in a village or town, such  action
  may  be  taken by local law or by ordinance instead of by resolution. As
  used in this section, the terms  "fire  department",  "fire  companies",
  "ambulance  service"  and  "crash-fire-rescue  unit"  shall  include all
  companies, squads, patrols or other units of such departments, companies
  or  units,  and  the  term  "assistance"  includes   the   services   of
  firefighting  forces,  fire police squads, ambulance services, emergency
  rescue and first aid  squads  rendered  in  case  of  a  fire  or  other
  emergency,  including  stand-by service, to aid (1) a fire department or
  fire company, and  (2)  owners  or  occupants  of  property,  and  other
  persons,  whether or not such owners, occupants or persons are receiving
  fire or other emergency service from another  fire  department  or  fire
  company or ambulance service. Except as otherwise provided by law in the
  case  of  natural disaster emergencies, a call to furnish assistance may
  be made by any person aware of the  peril  involved  and  the  need  for
  assistance  or pursuant to any legally authorized or recognized plan for
  the furnishing of mutual aid in cases of fire or  other  emergency.  The
  call  need  not originate in the municipal corporation, district or area
  liable for the payment of financial benefits in the event of  the  death
  or  injury  of  a fireman or ambulance or rescue squad member engaged in
  rendering such assistance. The call may be relayed through one  or  more
  persons or mediums of communication.  The provisions of this subdivision
  shall  supersede  the provisions of any general, special or local law to
  the extent that there is a  conflict  between  the  provisions  of  this
  subdivision  and  such  law,  except  that if (1) any city had, prior to
  April fifteenth, nineteen hundred fifty, restricted in  any  manner  the
  fire department of the city from engaging in service outside the city or
  (2)  any  city, village, fire district or town has heretofore restricted
  in any manner a fire department or fire  company  or  ambulance  service
  from  engaging in service or training pursuant to the provisions of this
  subdivision, such restrictions shall continue in  effect  until  changed
  pursuant to the provisions of this subdivision.
    2.  Any  loss  or  damage to, or expense incurred in the operation of,
  fire apparatus or other equipment answering a call for  assistance  from
  outside territory, as provided for in subdivision one of this section or
  otherwise,  and  the  cost of any materials used in connection with such
  call, shall be a charge against and paid  by  the  city,  village,  fire
  district,  ambulance district or by the town in relation to territory in
  the town located in (1) a fire protection district,  (2)  a  fire  alarm
  district,  (3)  or  ambulance  district or (4) the territory in the town
  outside of any village,  fire  district  or  any  such  fire  protection
  district  or  fire  alarm district, ambulance district, which issued the
  call for assistance.  No such claim, however, shall be  allowed  unless,
  within  sixty days after such loss or damage has been sustained, or such
  expense has been incurred, or such materials  have  been  used,  written
  notice  thereof  be  served  by  mail or otherwise on the comptroller or
  chief financial officer of the city, the village clerk of  the  village,
  the  secretary of the fire district, the clerk of the ambulance district
  or the town clerk of the town in relation to the territory in  the  town
  located as aforesaid, from which issued the call for assistance.
    3. In cities such loss, damage, expense or cost shall be a city charge
  and  audited  and  paid  as  other  city charges. In villages such loss,
  damage, expense or cost shall be a village charge and shall  be  audited
  and  paid  in  the same manner as village charges, and shall be assessed
  upon the property liable to taxation in said  village,  and  levied  and
  collected  in  the  same  manner  as village taxes. In fire districts or
  ambulance districts such loss, damage, expense or cost shall be  audited
  and paid in the same manner as other fire district or ambulance district
  charges,  and  shall  be assessed and levied upon the property liable to
  taxation in such district and collected in the same manner as other fire
  or  ambulance  district  charges.  The  limitations  on  fire   district
  expenditures  set  forth  in subdivision eighteen of section one hundred
  seventy-six of the town law shall not be applicable to appropriations or
  expenditures for the purpose of paying any such loss, damage, expense or
  cost.
    4. In towns which do not contain a city, village, fire district,  fire
  protection  district,  ambulance  district  or fire alarm district, such
  loss, damage, expense or cost shall be a town charge audited and paid in
  the same manner as town charges.  In  fire  protection  districts,  fire
  alarm   districts,  or  territory  outside  of  cities,  villages,  fire
  districts, ambulance districts or any such fire protection or fire alarm
  district, such loss, damage, expense or cost shall  be  a  town  charge,
  audited  and  paid  in  the  same  manner  as town charges, and shall be
  assessed upon the property liable to taxation in  such  fire  protection
  district,  fire alarm district or territory outside of cities, villages,
  fire districts, ambulance districts or such  fire  protection  and  fire
  alarm districts, as the case may be.
    5.  Provided,  however,  that  nothing contained in this section shall
  preclude a city, village, fire district, ambulance district or town from
  entering into a reciprocal fire protection agreement with the  state  of
  New  York  and  the head of any military department of the United States
  government, which agreement shall waive all compensation for  any  loss,
  damage,  personal  injury,  or  death  occurring  in  consequence of the
  performance of  said  reciprocal  fire  protection  agreement.  Provided
  further,  however, that any reciprocal fire protection agreement entered
  into under the  authority  of  this  subdivision  may  provide  for  the
  reimbursement  for  any  and all costs incurred by the party issuing the
  call for assistance.