2012 New York Consolidated Laws
GMU - General Municipal
Article 10 - (200 - 209-Z) FIREMEN AND POLICEMEN
209-I - Emergency service by volunteer firemen.


NY Gen Mun L § 209-I (2012) What's This?
 
    §  209-i.  Emergency  service  by  volunteer  firemen.   1. Whenever a
  volunteer fireman is within this state, but outside the  area  regularly
  served  by  the  fire company or fire department of which he is a member
  and has knowledge of a fire or other emergency  at  or  near  the  place
  where he is for the time being, such volunteer fireman may report to the
  officer  in  command  of  the  paid or volunteer fire company or paid or
  volunteer fire department, or in command of one of the paid or volunteer
  fire companies or one of the paid or volunteer fire departments, engaged
  in the handling  of  any  such  fire  or  other  emergency  and,  on  an
  individual basis, offer his services to assist such fire company or fire
  department.  After  his  services are so accepted, the volunteer fireman
  shall then be entitled to all powers, rights, privileges and  immunities
  granted  by  law  to volunteer firemen during the time such services are
  rendered, in the same manner and to the same extent  as  if  he  were  a
  volunteer  member  of  the  fire  company or fire department which he is
  assisting, including benefits under the volunteer firemen's benefit law.
  Any such commanding officer shall have power, in his discretion,  to  so
  accept  the  services of a volunteer fireman unless the legislative body
  of the city or the village, the board of  fire  commissioners  or  other
  governing  board  of the fire district, or the town board of the town in
  relation to (a) the fire companies serving  territory  outside  villages
  and fire districts or (b) a town fire department, as the case may be, by
  resolution heretofore or hereafter adopted, has forbidden the acceptance
  of any such services pursuant to this section. 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  continue  in  effect  until  amended  or  repealed  by the adoption of a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 company or fire
  department shall be notified  promptly  of  the  adoption  of  any  such
  resolution and of any amendment or repeal thereof.
    1-a.  A  volunteer  firefighter who, because of his residence or usual
  occupation, is regularly in the area served by a volunteer fire  company
  or department of which he is not a member may nevertheless volunteer his
  services  on  an  on-going  basis  to  the officer in command thereof to
  assist such fire company or fire department for the purpose of assisting
  such company or department's general or emergency ambulance services, or
  for the purpose of assisting such fire company or fire department  at  a
  fire  or  other emergency scene or for the purpose of training with such
  fire company or fire department. After his services are so accepted, the
  volunteer firefighter shall then be  entitled  to  all  powers,  rights,
  privileges  and  immunities  granted  by  law  to volunteer firefighters
  during the time such services are rendered, in the same  manner  and  to
  the  same extent as if he were a volunteer member of the fire company or
  fire department which he is  assisting,  including  benefits  under  the
  volunteer  firefighters'  benefit  law. Any such commanding officer when
  authorized by the legislative body of the city or the village, the board
  of fire commissioners or other governing board of the fire district,  or
  the town board of the town in relation to (a) the fire companies serving
  territory  outside  villages  and  fire  districts  or  (b)  a town fire
  department, as the case may be, shall have power, in his discretion,  to
  so accept the services of a volunteer firefighter.
    2.  The  municipal  corporation or fire district which would be liable
  for the negligence of any volunteer members of the fire company or  fire
  department  which  has  accepted  the  services of the volunteer fireman
  pursuant to this section shall be liable  for  the  negligence  of  such
  volunteer  fireman  while  acting,  after such acceptance and during the
  time such services were rendered, in the discharge of his  duties  as  a
  volunteer  fireman  in  the  same manner and to the same extent as if he
  were a volunteer member of the fire company or fire department which  he
  assisted.  If  the fire company or fire department which has so accepted

  the services of a volunteer fireman pursuant to this section is  a  paid
  fire  company  or  paid  fire department, such paid fire company or paid
  fire department shall, for the purposes of this subdivision and  section
  two  hundred  five-b  of this chapter, be deemed to be a "duly organized
  volunteer fire company" within the meaning of such section  two  hundred
  five-b.
    3.  As  used  in  this  section,  the term "volunteer fireman" means a
  "volunteer fireman" as such term is defined  in  section  three  of  the
  volunteer  firemen's benefit law; the term "area regularly served" means
  the home area of the volunteer fireman as described in subdivisions one,
  two, three, four or five of section thirty of  the  volunteer  firemen's
  benefit  law  and,  in  addition,  any  other  area served pursuant to a
  contract for fire protection and the  terms  "fire  company"  and  "fire
  department" shall include emergency rescue and first aid squads or other
  squads or units of a fire company or fire department.

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