2012 New York Consolidated Laws
GMU - General Municipal
Article 10 - (200 - 209-Z) FIREMEN AND POLICEMEN
209 - 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, or volunteer ambulance services organized pursuant to section
  one hundred twenty-two-b of this  chapter,  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.