2012 New York Consolidated Laws
GMU - General Municipal
Article 10 - (200 - 209-Z) FIREMEN AND POLICEMEN
209-B - Emergency rescue and first aid squads.

 
    § 209-b. Emergency rescue and first aid squads. 1. Emergencies. a. The
  authorities  having  control  of fire departments and fire companies may
  organize within such departments or companies emergency rescue and first
  aid squads composed of firemen who are members of  such  departments  or
  companies.  Such  squads,  so  organized, may render services in case of
  accidents, calamities or other  emergencies  in  connection  with  which
  their  services  may  be required, as well as in case of alarms of fire.
  Whether or not such squads have been organized, any fireman  may  render
  service  in  case  of  accidents,  calamities  or  other  emergencies in
  connection with which the services of firemen may be required,  as  well
  as in case of alarms of fire, unless he shall have been duly ordered not
  to  render  such  service  by the authorities having control of the fire
  department or company of  which  he  is  a  member.  If  a  request  for
  emergency  service  is  made  by,  or  originates from a doctor or peace
  officer, acting pursuant to his special duties, or police  officer,  and
  there  is  any  doubt as to whether an emergency exists, the judgment of
  the doctor or officer that there  is,  in  fact,  an  emergency  may  be
  accepted  as conclusive by such squad, or the fireman responding, or who
  has responded to such call. The person designated to receive  calls  for
  such  emergency  services, for the purpose of dispatching such squads or
  firemen, shall determine in the  first  instance  from  the  information
  furnished  to  him  whether  an emergency exists and his decision, if in
  good faith, as to whether or not there is an emergency shall be final in
  relation to dispatching such squads or  firemen.  Any  such  preliminary
  determination shall not be deemed to authorize the rendition of services
  if,  upon  arriving  at  the place to which dispatched, it is found that
  there is no emergency.
    b. The governing board of any city, town,  village  or  fire  district
  which  has  a  fire  department  but  which has not authorized such fire
  department to render emergency ambulance service, may contract  for  the
  furnishing to it of emergency ambulance service with another city, town,
  village  or  fire district which has in its fire department an emergency
  rescue and first aid squad duly authorized to render emergency ambulance
  service.  Before any contract to furnish emergency ambulance service  is
  entered  into, the consents of the fire department, the fire company and
  the emergency rescue and first  aid  squad  to  furnish  such  emergency
  ambulance  service shall be obtained. Each consent shall be evidenced by
  a copy of a resolution certified respectively by the  secretary  of  the
  fire  department  and fire company and by the officer then in command of
  the emergency rescue and first aid squad.
    2. General ambulance service. a. The governing board of any city, town
  which has a fire department, village or fire district which has  in  its
  fire  department an emergency rescue and first aid squad composed mainly
  of volunteer firefighters, by resolution, may authorize any  such  squad
  to furnish general ambulance service for the purpose of (1) transporting
  any  sick, injured or disabled resident or person found within the city,
  town, village or fire district to  a  hospital,  clinic,  sanatorium  or
  other  place  for  treatment  and  care  and  returning  any such person
  therefrom if still sick, injured or disabled and  (2)  transporting  any
  sick,  injured  or  disabled resident of the city, town, village or fire
  district from a hospital, clinic, sanatorium or other place  where  such
  person  has received treatment and care to any other place for treatment
  and care or  to  such  person's  home  whether  such  hospital,  clinic,
  sanatorium  or  other place where such person has received treatment and
  care is within or without the city, town, village or  fire  district  or
  the territory listed on the ambulance service certificate or certificate
  of  registration  as  the  usual  territory  within  which the ambulance
  service operates.

    b. The town board of a town which does not have a fire department  but
  in  which  there is a fire corporation located outside any village, fire
  district,  fire  alarm  district  or  fire   protection   district,   by
  resolution,  may  authorize  the emergency rescue and first aid squad of
  such  fire  corporation  to  furnish  general  ambulance service for the
  purpose of (1) transporting any sick, injured or  disabled  resident  or
  person   found   within   the  area  described  in  the  certificate  of
  incorporation of the fire corporation to a hospital, clinic,  sanatorium
  or  other  place  for  treatment  and care and returning any such person
  therefrom if still sick, injured or disabled and  (2)  transporting  any
  sick,  injured  or  disabled  resident  of  such  described  area from a
  hospital, clinic, sanatorium  or  other  place  where  such  person  has
  received treatment and care to any other place for treatment and care or
  to such person's home whether such hospital, clinic, sanatorium or other
  place  where  such  person  has received treatment and care is within or
  without the area described in the certificate of incorporation  of  such
  fire  corporation  or  the  territory  listed  on  the ambulance service
  certificate or certificate of registration as the usual territory within
  which the ambulance service operates.
    c. The governing board of a city, village or fire  district  which  by
  law  is authorized to contract to have fire protection furnished for any
  district or area thereof by the  fire  department  or  fire  company  of
  another  city, town, village or fire district, or a town board on behalf
  of a fire protection district or fire alarm district, may include in any
  fire protection contract a  provision  for  the  furnishing  of  general
  ambulance  service  by  the  emergency rescue and first aid squad of the
  fire department or fire company which furnishes  such  fire  protection.
  Such  general  ambulance  service  shall  be  for  the  purpose  of  (1)
  transporting any sick, injured or  disabled  resident  or  person  found
  within  the  contract district or area to a hospital, clinic, sanatorium
  or other place for treatment and care  and  returning  any  such  person
  therefrom  if  still  sick, injured or disabled and (2) transporting any
  sick, injured or disabled resident of such  contract  district  or  area
  from a hospital, clinic, sanatorium or other place where such person has
  received treatment and care to any other place for treatment and care or
  to such person's home whether such hospital, clinic, sanatorium or other
  place  where  such  person  has received treatment and care is within or
  without the contract district or area or the  territory  listed  on  the
  ambulance  service  certificate  or  certificate  of registration as the
  usual territory within which the ambulance service operates.  The  city,
  town,  village,  fire  district  or  the fire department or fire company
  thereof which is authorized to furnish such fire protection pursuant  to
  contract  shall have power to contract to furnish such general ambulance
  service.
    d. Before any authorization is granted under paragraphs  a  and  b  of
  this  subdivision,  or  before any contract to furnish general ambulance
  service is entered into pursuant to paragraph c of this subdivision, and
  before any public hearing is conducted as herein provided, the  consents
  of  the  fire  department, the fire company and the emergency rescue and
  first aid squad to  furnish  the  general  ambulance  service  shall  be
  obtained.  Each  consent  shall  be  evidenced by a copy of a resolution
  certified, respectively, by the secretary of  the  fire  department  and
  fire  company and by the officer then in command of the emergency rescue
  and first aid squad.
    e. Before authorizing general ambulance service under paragraphs a and
  b of this subdivision the governing board of a city,  town,  village  or
  fire district shall conduct a public hearing. Before the governing board
  of  a  city,  town,  village or fire district enters into a contract for

  fire protection which contract,  for  the  first  time  for  a  specific
  district  or  area,  provides  for  the  furnishing of general ambulance
  service pursuant to paragraph c of this subdivision, it shall conduct  a
  public  hearing  in the manner required by law, if any, for the entering
  into of a fire protection contract therefor, but if a public hearing  is
  not  required in any such case, then the public hearing shall be held as
  herein provided and the  procedure  for  publishing  notice  under  this
  paragraph shall be applicable. Notice of such hearing shall be published
  at least once in a newspaper or newspapers having general circulation in
  the  city, town, village or fire district, or, in the case of contracts,
  in the fire alarm district, fire protection district, or other  contract
  area.  In  all  cases the notice of hearing shall, in general terms, (1)
  describe  the  general  ambulance  service  which  is  proposed  to   be
  furnished,  (2)  describe  the area to be served, (3) state the names of
  the fire department, fire companies and emergency rescue and  first  aid
  squad  affected,  (4)  state  the  time and place within the city, town,
  village or fire district, or, in the case of contracts, the  fire  alarm
  district,  fire  protection district, or other contract area, where such
  hearing will be held and (5) state that all persons residing within  the
  area  to  be  served,  all  persons,  firms and corporations owning real
  property within the area to  be  served,  and  all  persons,  firms  and
  corporations  whose  business  interests  or  employment would either be
  benefited or adversely affected, whether or not a resident or  owner  of
  real  property  within the area to be served, shall have the right to be
  heard in person or by representative at the public hearing. Such  notice
  shall  be  published  at  least ten days prior to the date fixed for the
  hearing.
    f. After the hearing and after considering the statements made at  the
  hearing  the  governing  board  shall  determine whether authorizing the
  furnishing of general ambulance service,  or  the  entering  into  of  a
  contract  for  general  ambulance service, is in the public interest. If
  the governing board determines that it is  in  the  public  interest  to
  authorize  the furnishing of general ambulance service, or to enter into
  a contract for general ambulance service, it shall adopt the  resolution
  authorizing  the  same  and within ten days thereafter cause a certified
  copy of the resolution and the determination on which it is based to  be
  filed  in the office of the clerk of the county or counties in which the
  city, town, village or fire district is located. The  consents  required
  by  paragraph  d of this subdivision shall be filed with such resolution
  and determination.
    g. The determination  of  the  governing  board  in  relation  to  the
  furnishing  of  general  ambulance service shall be subject to review in
  the manner provided in article seventy-eight of the civil  practice  law
  and rules provided that application has been made therefor within thirty
  days  from  the  date  of  the  filing thereof. Such determination shall
  become final and conclusive and the resolution shall become effective at
  the expiration of such thirty days or,  if  application  for  review  be
  made, upon the final determination thereof.
    h.  When  general  ambulance  service  is  authorized pursuant to this
  subdivision, the emergency rescue and first aid squad shall  answer  all
  calls  and  demands for such service to be furnished to sick, injured or
  disabled persons entitled thereto, subject to such rules and regulations
  as shall be prescribed by authorities having control of such squad,  and
  subject  at  all times to the emergency needs of the fire department and
  any limitations  upon  such  service  specified  in  a  fire  protection
  contract.  Such  rules  and regulations may establish limitations on the
  distances which may be traveled outside the area to be served  in  order

  to  reach hospitals, clinics, sanatoriums or other places where care and
  treatment is to be or has been furnished.
    i.  Any  action taken pursuant to this subdivision may be rescinded by
  resolution of the governing board which has taken such action. The  term
  "resolution",  as  used  in  this  subdivision  two,  means  resolution,
  ordinance, act or local law.
    j. The provisions of this subdivision two shall apply to  all  cities,
  towns,  villages  and  fire  districts, except where the provisions of a
  general or special law  expressly  prohibit  the  rendition  of  general
  ambulance service by an emergency rescue and first aid squad of the fire
  department thereof.
    3.  Transportation of persons. Squads and persons authorized to render
  service pursuant to  this  section  shall  transport  sick,  injured  or
  disabled  persons  only  in  vehicles owned by or under the control of a
  city, town, village, fire district, a fire department or a fire  company
  unless  ordered or permitted to transport such persons in other vehicles
  by the authorities having control of the fire department or fire company
  of which he is a member.
    3-a. Mutual aid. a. The governing board of any city, town which has  a
  fire  department,  village  or  fire  district  which  has  in  its fire
  department an emergency rescue and first aid squad  composed  mainly  of
  volunteer  firefighters,  may, by resolution authorize any such squad to
  enter into one or more mutual aid agreements as defined  in  subdivision
  twenty of section three thousand one of the public health law, and/or to
  contract  with  ambulance  services  as  defined in subdivisions two and
  three of section three thousand one of the public health law to  provide
  services when the emergency rescue and first aid squad is unavailable.
    b.  The town board of a town which does not have a fire department but
  in which there is a fire corporation located outside any  village,  fire
  district,  fire  alarm  district  or  fire  protection  district may, by
  resolution, authorize the emergency rescue and first aid squad  of  such
  fire  corporation  to  enter  into  one or more mutual aid agreements as
  defined in subdivision twenty of  section  three  thousand  one  of  the
  public health law, and/or to contract with ambulance services as defined
  in  subdivisions  two  and  three  of  section three thousand one of the
  public health law to provide services  when  the  emergency  rescue  and
  first aid squad is unavailable.
    4.  Fees  and  charges  prohibited.  Emergency  and  general ambulance
  service authorized pursuant to this section shall be  furnished  without
  cost to the person served. The acceptance by any fireman of any personal
  remuneration  or  gratuity, directly or indirectly, from a person served
  shall be a ground for his expulsion or suspension as  a  member  of  the
  fire department or fire company.
    5.  The term "emergency", as used in this chapter, or in any other law
  of  general  application,  in  relation  to  the  operations   of   fire
  departments,  includes, unless a contrary intent is clearly expressed or
  indicated, the search for persons and the search for,  and  attempts  to
  recover  or the recovery of, bodies of persons even though it is posible
  or is known that all hope of life is gone.