2010 New York Code
TWN - Town
Article 11 - (170 - 189) FIRE, FIRE ALARM AND FIRE PROTECTION DISTRICTS
184 - Fire protection districts.

§  184.  Fire  protection  districts. 1. Whenever the town board shall
  have established or extended a fire protection district pursuant to  the
  provisions  of  this  article,  the  town  board  shall  provide for the
  furnishing of fire protection within the district and for  that  purpose
  may  (a)  contract with any city, village, fire district or incorporated
  fire company maintaining adequate and suitable apparatus and  appliances
  for  the  furnishing  of  fire  protection  in  such district or (b) may
  acquire by gift or purchase such apparatus and  appliances  for  use  in
  such  district and may contract with any city, village, fire district or
  incorporated fire company for operation, maintenance, and repair of  the
  same  and  for  the  furnishing  of fire protection in such district, or
  both. The contract may also provide for the furnishing of (1)  emergency
  service  in  case  of  accidents,  calamities  or  other  emergencies in
  connection with which the services of firefighters would be required and
  (2) general ambulance service subject, however,  to  the  provisions  of
  section  two  hundred  nine-b of the general municipal law. In the event
  that the fire department or  fire  company  furnishing  fire  protection
  within  the  district pursuant to contract does not maintain and operate
  an ambulance then a separate contract may be  made  for  the  furnishing
  within  the district of emergency ambulance service or general ambulance
  service, or both, with any city,  village  or  fire  district  the  fire
  department  of  which,  or  with an incorporated fire company having its
  headquarters outside the  district  which,  maintains  and  operates  an
  ambulance subject, however, in the case of general ambulance service, to
  the  provisions  of  section two hundred nine-b of the general municipal
  law, or with an ambulance service, certified or registered  pursuant  to
  article  thirty  of  the public health law, which is not organized under
  the provisions of section two hundred nine-b of  the  general  municipal
  law.  Any such contract with any such ambulance service permitted herein
  shall be subject to the provisions of this section.
    2. The contract shall not be entered into until a public  hearing  has
  been held by the town board. Notice of the hearing shall be published at
  least  once  in at least one newspaper having general circulation in the
  district. The notice shall specify the time when  and  place  where  the
  hearing  will  be  held,  and  describe  in  general  terms the proposed
  contract. The first publication shall be at least ten days prior to  the
  day  specified  for  the hearing. Before any contract to furnish general
  ambulance service by an ambulance service is entered  into  pursuant  to
  this  section,  and  before  any  public  hearing is conducted as herein
  provided, the consent of  such  ambulance  service  to  furnish  general
  ambulance sevice shall be obtained. Such consent shall be evidenced by a
  copy of a resolution certified by the secretary of a voluntary ambulance
  service  or  the  chief  executive  officer  of a professional ambulance
  service.
    3. Except as provided in subdivision four of this section, the term of
  the contract shall be for a definite period of time,  but  in  no  event
  shall the term exceed five years. The contract year or years in all such
  contracts  entered  into  after  the  year  nineteen hundred sixty shall
  terminate on December thirty-first.
    4. Instead of being for a definite term  as  provided  in  subdivision
  three,  the contract may be for an original term of one calendar year or
  less and provide that it shall be deemed renewed on the same basis  each
  year thereafter for a further term of one full calendar year without any
  further  public  hearing  unless  one  of  the contracting parties shall
  notify the other in writing on or before the  twentieth  day  of  August
  that  it  elects  to  terminate the contract on December thirty-first in
  that year. The term of any such contract, including renewals, shall  not
  exceed five years, but the contract may provide that there shall be less

than  four  such  renewals.  If the city, village or fire district, fire
  department or fire company which is to furnish the service under such  a
  contract is not a fully paid department or company, the city, village or
  fire  district  governing  board,  upon the request of the department or
  company, shall terminate the contract as provided in  this  subdivision.
  Any  such contract may provide that in the month of July of each year in
  which such a renewal could occur the town clerk of the town in which the
  fire protection district or the major portion thereof is  located  shall
  notify  the  secretary of the fire department, fire company or ambulance
  service which is to furnish the service  under  the  contract  that  the
  contract  shall  be  deemed renewed on the same basis for a further full
  term of one calendar year unless one of the  contracting  parties  shall
  notify  the  other  in  writing on or before the twentieth day of August
  that it elects to terminate the contract  on  December  thirty-first  in
  such year.
    5.  The contract shall specify a definite sum to be paid each year for
  all of the services to be rendered thereunder.
    6. The amount which is to be paid each year pursuant to  any  contract
  entered  into  pursuant to the provisions of this section, together with
  all other expenses necessarily incurred or occasioned by reason  of  the
  establishment  or  extension  of  the fire protection district, shall be
  assessed and levied upon  the  taxable  property  in  the  district  and
  collected  in the same manner, at the same time and by the same officers
  as town taxes are assessed, levied and collected  and,  when  collected,
  the  amount  thereof  shall  be  paid to the supervisor of the town. The
  supervisor shall pay to the city, village, fire  district,  incorporated
  fire  company or ambulance service furnishing such service the amount to
  be paid each year for the service in one sum or in installments  as  the
  contract may provide.
    7.  If  a fire protection district shall be situated partly in each of
  two or more towns any action which would be taken by the town  board  in
  the  case  of a district situated in only one town shall be taken by the
  town boards of the several towns acting jointly by a  majority  vote  of
  the  members  of  each  of  such  town  boards, and the notice of public
  hearing required by this section shall be given by the  town  clerks  of
  the several towns acting jointly.
    8.  By  mutual  consent of the contracting parties, and after a public
  hearing held pursuant to  notice  in  the  manner  aforesaid,  any  such
  contract  heretofore  or  hereafter  executed  may  be  (1) amended, (2)
  terminated, or (3) terminated and a new contract may be entered into  in
  lieu thereof, if the town board, after such hearing, shall determine, by
  resolution,  that  it  is  in  the public interest so to do. Such notice
  shall state in general terms the reason why any existing contract is  to
  be  amended  or  terminated, and if a new contract is to be entered into
  the notice shall also describe the new contract in general terms.
    9. The term "fire protection,"  as  used  in  this  section,  includes
  inspections  of buildings and properties in the fire protection district
  for the purposes specified  in  and  as  authorized  by  sections  eight
  hundred  seven-a  and  eight  hundred  seven-b  of  the  education  law,
  subdivision  four  of  section  three  hundred  three  of  the  multiple
  residence law, and section one hundred eighty-nine of the town law.
    10. The provisions of this section shall not be deemed to have amended
  subdivision  two  of  section  two hundred nine-b or section two hundred
  nine-d of the general municipal law, or any other  general,  special  or
  local law requiring the consent of a fire department, fire company or an
  emergency  rescue and first aid squad to the entering into of a contract
  for services to be performed by such department, company or squad.