2013 New York Consolidated Laws
NPC - Not-For-Profit Corporation
Article 14 - (1401 - 1412) SPECIAL NOT-FOR-PROFIT CORPORATIONS
1402 - Fire corporations.

 
  § 1402. Fire corporations.
    (a) Certificate of incorporation; additional contents.
    In  addition  to  the  requirements  of  section  402  (Certificate of
  incorporation; contents), the certificate of  incorporation  of  a  fire
  corporation shall state the precise boundaries of the territory in which
  the corporation intends to operate.
    (b) Type of corporation.
    A fire corporation is a Type B corporation under this chapter.
    (c) Appointment of firemen.
    (1)  A  person shall not be eligible to be named in the certificate of
  incorporation of a fire corporation unless he shall be at least eighteen
  years of age and a resident of a city, village, fire district,  or  town
  outside  of  villages  and  fire  districts,  where the fire corporation
  intends to operate.
    (2) If the fire corporation becomes part of the fire department  of  a
  city,  village  or  fire  district, a person shall not be eligible to be
  elected as a member or to continue as a member except as provided by law
  for volunteer members of the fire companies in  such  city,  village  or
  fire district.
    (3)  In towns outside of villages and fire districts, the consent of a
  majority of the members of the town board to the  formation  of  a  fire
  corporation  shall constitute an appointment of the persons named in the
  certificate of incorporation as  town  firefighters.  Thereafter,  other
  eligible  persons  may  be elected as members pursuant to the by-laws of
  the fire corporation, but the election of a member must be  approved  by
  the town board of each town which consented to the formation of the fire
  corporation.  Such  a  person  shall  be  a  resident  of  the territory
  specified in the certificate of incorporation or  of  territory  outside
  such   boundaries   which  is  afforded  fire  protection  by  the  fire
  corporation pursuant to a contract for fire  protection  under  which  a
  cash   consideration  is  received  by  the  corporation  or  for  which
  negotiations for renewal of such a contract are pending. The  membership
  of  any  volunteer  member shall terminate when he or she ceases to be a
  resident  of  such  inside  or  outside  territory,  except   that   the
  corporation  may  authorize  his or her continued membership where he or
  she notifies the secretary of the fire corporation (a) that  he  or  she
  plans to change his or her residence to a territory which is not in such
  inside  or  outside  territory,  and  (b)  that  by reason of his or her
  residence in the vicinity or his or her usual occupation he or she  will
  be  available  to  render  active  service as a volunteer firefighter in
  either  such  inside  or  such  outside  territory.  Voting   for   such
  authorization shall be pursuant to the by-laws. Such authorization shall
  not  become effective unless approved by resolution of the town board of
  each town which consented to  the  formation  of  the  corporation.  Any
  membership  so  continued  shall terminate when the member can no longer
  meet the requirements of this subparagraph. A person who cannot meet the
  residence requirements of this subparagraph may be elected to membership
  as a volunteer member if by reason  of  his  or  her  residence  in  the
  vicinity  or  his or her usual occupation he or she will be available to
  render active service as a  volunteer  firefighter  in  such  inside  or
  outside  territory.  Voting  for  such election shall be pursuant to the
  by-laws. Such election shall not become  effective  unless  approved  by
  resolution  of  the  town  board  of  each  town  which consented to the
  formation of the corporation. Such membership shall terminate  when  the
  member  can  no  longer  meet the requirements of this subparagraph. The
  election or continuance of any person as a member  shall  be  deemed  to
  have  been  approved  by the town board pursuant to this subparagraph in
  the event that no action is taken by the town board, either approving or

  disapproving, within  forty  days  in  the  case  of  residents  of  the
  territory  specified  in  the certificate of incorporation or of outside
  contract territory, and within seventy days in the case of  all  others,
  after  service  of  written  notice  of  such election or continuance of
  membership shall have been made by the secretary of the corporation upon
  the town clerk, either personally or by  mail.  The  membership  of  any
  volunteer   firefighter   shall   not  be  continued  pursuant  to  this
  subparagraph, and persons who do not reside in the  territory  specified
  in  the  certificate of incorporation or in territory protected pursuant
  to a contract for fire protection shall not be  elected  to  membership,
  if,  by so doing, the percentage of such nonresident members in the fire
  corporation would exceed forty-five per centum of the actual  membership
  thereof,  provided,  however,  that  the  forty-five  percent  limit  on
  non-resident members shall not apply to the membership of  the  Huguenot
  Fire  Company,  Inc.,  within  the  town  of Deerpark, Orange county, to
  membership of  the  Hopewell  Volunteer  Fire  Department,  Inc.  or  to
  membership  of  the  fire departments within the town of Fleming, Cayuga
  county. Nonresidents of the territory specified in  the  certificate  of
  incorporation   whose   volunteer  membership  has  been  authorized  or
  continued pursuant to this subparagraph may be elected or  appointed  to
  any  office  in  the  fire  corporation  and  shall have all the powers,
  duties, immunities, and privileges of resident volunteer members  except
  a  non-resident  of  this  state  whose  membership  has  been continued
  pursuant to this subparagraph, or who was elected to membership pursuant
  to this subparagraph, shall not  be  considered  to  be  performing  any
  firefighting  duty,  or to be engaged in any firefighting activity, as a
  member of the fire company while he or she  is  outside  of  this  state
  unless  and  until  he  or  she  has  first  reported  to the officer or
  firefighter in command of his or her fire department,  or  any  company,
  squad  or  other  unit  thereof,  engaged  or to be engaged in rendering
  service outside this state, or has received orders or authorization from
  an officer of the fire department or fire company to participate  in  or
  attend authorized activities outside of this state in the same manner as
  resident  members of the fire company. A person shall not be eligible to
  volunteer membership in any other fire corporation or  fire  company  at
  one  time.  The  provisions  of this subparagraph shall not be deemed to
  authorize the election or the continuance of any person as a  member  of
  the  corporation  if such election or continuance of membership shall be
  contrary to the by-laws, rules or regulations of the fire corporation.
    (4) A person who has been convicted of arson in any degree  shall  not
  be  eligible  to  be named in the certificate of incorporation of a fire
  corporation, or to be elected or appointed as a volunteer  member  of  a
  fire  corporation.  The  membership  of  any  volunteer member of a fire
  corporation shall immediately terminate if he is convicted of  arson  in
  any degree while a member of a fire corporation.
    (5)   Upon  application  by  any  person  for  membership  in  a  fire
  corporation operating pursuant to this section,  the  fire  chief  shall
  cause the applicant's background to be checked pursuant to section eight
  hundred  thirty-seven-o  of  the  executive  law  for a criminal history
  involving a conviction for arson.
    (d) Incorporation of fire corporations in towns legalized.
    Any fire, hose, protective or hook and ladder  corporation  heretofore
  organized  under  any  general law with the consent of the town board in
  the territory  served  by  such  corporation  is  hereby  legalized  and
  confirmed,  notwithstanding the omission of any town board to appoint or
  confirm the members of such  corporations  as  town  firemen.  Any  such
  corporation  shall  hereafter  be  subject  to  the  provisions  of this
  section.

    (e) Powers.
    (1) A fire, hose, protective or hook and ladder corporation heretofore
  incorporated  under  any  general  law  or  a fire corporation hereafter
  incorporated under this section shall be under the control of the  city,
  village,  fire district or town authorities having, by law, control over
  the prevention or extinguishment of fires therein. Such authorities  may
  adopt  rules  and  regulations  for  the  government and control of such
  corporations. Notwithstanding the provisions of any such  local  law,  a
  person  who  has  been  convicted  of  arson  in any degree shall not be
  eligible for nomination, election or appointment to any  office  of  the
  corporation,  nor  may such person serve as director of the corporation.
  Any fire corporation officer or director who is convicted  of  arson  in
  any  degree  during  his  term  of  office  shall  be  disqualified from
  completing such term of office.
    (2) Where a fire corporation formed outside of a city, village or fire
  district  furnishes  fire  protection  to  territory  outside   of   the
  boundaries  specified  in  its  certificate  of  incorporation, the fire
  corporation and the members thereof shall be under the exclusive control
  of the town board of the town in which the  fire  corporation  maintains
  its apparatus.
    (3)  The  emergency  relief  squad  of a fire corporation incorporated
  under this section or subject to the provisions thereof shall have power
  to furnish general ambulance service  when  duly  authorized  under  the
  provisions of section two hundred nine-b of the general municipal law.
    (4) Any fire company incorporated under this section or subject to the
  provisions thereof shall have power to engage in fund raising activities
  pursuant to section two hundred four-a of the general municipal law.
    (5) Any fire company incorporated under this section or subject to the
  provisions  thereof  shall  have  power,  subject  to  the  approval  or
  authorization of the town board, to attend a funeral.
    (6) Fire, hose, protective or hook and ladder corporations  heretofore
  incorporated  under  any  general  law  or  fire  corporations hereafter
  incorporated under this section or  volunteer  fire  companies  or  fire
  departments  as  defined in section three of the volunteer firefighters'
  benefits law  are  hereby  authorized  to  enter  into  contracts  among
  themselves  and  among  municipal corporations for the joint purchase of
  goods, supplies and services. Provided that the  provisions  of  article
  five-A  of  the  general  municipal  law  shall  be  controlling for any
  proposed joint purchase  between  such  fire  corporation,  company,  or
  department  and  a  municipal  corporation.  For  the  purposes  of this
  subparagraph the term "municipal corporation" shall mean a county, city,
  town, village, fire district, or ambulance district.
    (f) Directors to file report.
    It shall be the duty of the directors of all fire, hose, protective or
  hook and ladder corporations incorporated under a general law  or  of  a
  fire  corporation  formed  under  this  section  in territory outside of
  cities or villages, or a majority of them, on or  before  the  fifteenth
  day  of  January  in  each  year, to make and file in the county clerk's
  office, where the certificate  of  incorporation  is  filed  a  verified
  certificate,  stating  the  names  of  the directors and officers of the
  corporation, containing an inventory of its property, a statement of its
  liabilities and that  the  corporation  has  not  engaged,  directly  or
  indirectly, in any business other than that set forth in its certificate
  of incorporation.
    (g) Firemen's exemption.
    Every active fireman who shall be a member of a corporation subject to
  the  provisions  of  this  section  shall  be entitled to all the rights
  granted by law to volunteer firemen and every such  active  fireman  who

  shall  meet  the  requirements  of  section  two  hundred of the general
  municipal law shall be entitled to the additional rights granted by  law
  to exempt volunteer firemen.
    (h)  Legalization  of membership of fire corporations in towns outside
  villages and fire districts.
    (1) Any person:
    (A) who was recognized prior  to  the  first  day  of  July,  nineteen
  hundred  fifty-four, as a volunteer member of a fire corporation subject
  to the provisions of this section located in a town outside villages and
  fire districts by the town board or by the officers and members  of  the
  fire corporation, and
    (B)  who  rendered  active service with such fire corporation prior to
  such date, and
    (C) who was, at the time of his election to membership, a resident  of
  the  territory  specified  in  the  certificate  of  incorporation or of
  territory outside such boundaries which was afforded fire protection  by
  the fire corporation pursuant to a contract for fire protection,
  shall  for  all  purposes in law be considered to have been duly elected
  and confirmed as a member in such fire corporation as  of  the  date  of
  such  confirmation,  if  any,  and, if none, then as of the date of such
  election; notwithstanding that there may have been some legal defect  in
  such election, or the proceedings precedent thereto, or a failure of the
  town  board  to  confirm such member, as provided by the law in force at
  the time of such election, and the status of such person as a  volunteer
  fireman  as  of  the  date  of  such  confirmation or election is hereby
  legalized, validated and confirmed. This subparagraph shall not apply to
  a person, if any, whose volunteer membership in a fire  corporation  was
  declared invalid by a court of competent jurisdiction prior to the first
  day of January, nineteen hundred fifty-five.
    (2) Any person:
    (A)  who  was  recognized  on or after the first day of July, nineteen
  hundred fifty-four and prior to the first day of January,  two  thousand
  eleven  as  a  volunteer  member  of  a  fire corporation subject to the
  provisions of this section located in a town outside villages  and  fire
  districts  by  the town board or by the officers and members of the fire
  corporation, and
    (B) who rendered active service with  such  fire  corporation  between
  such dates, and
    (C)  who was, at the time of his election to membership, a resident of
  the territory specified  in  the  certificate  of  incorporation  or  of
  territory  outside such boundaries which was afforded fire protection by
  the fire corporation pursuant to a contract for fire protection, or  who
  was  a  nonresident  elected  to  membership  or  who was continued as a
  member, pursuant to the provisions of subparagraph  (A)  shall  for  all
  purposes  in  law be considered to have been duly elected and confirmed,
  or continued, as a member in such fire corporation as  of  the  date  of
  such  confirmation,  if  any,  and, if none, then as of the date of such
  election or, in the case of a continuance, as of the date  of  approval,
  if  any, by the town board and, if none, as of the date of authorization
  of continuance by the fire corporation; notwithstanding that  there  may
  have  been  some  legal  defect  in  such  election,  or the proceedings
  thereto, or a failure of the town board  to  confirm  the  election,  or
  approve  the  continuance  of membership, of such member, as provided by
  the law in force at the time of such election or  continuance,  and  the
  status  of  such person as a volunteer fireman as of such date is hereby
  legalized, validated and confirmed. This subparagraph shall not apply to
  a person, if any, whose volunteer membership in a fire  corporation  was

  declared invalid by a court of competent jurisdiction prior to the first
  day of January, two thousand eleven.
    (i)  Discrimination  because  of race, color, creed or national origin
  prohibited.
    (1) It shall be an unlawful discriminatory practice for any  volunteer
  fire department, fire company or fire corporation, through any member or
  members  thereof, directors, officers, members of a town board, board of
  fire commissioners or other body or office having power  of  appointment
  of  volunteer  firemen  in  any  fire  department,  fire company or fire
  corporation pursuant to this section, because of the race, creed, color,
  national origin, sex or marital status of any individual, to exclude  or
  to   expel   from  its  volunteer  membership  such  individual,  or  to
  discriminate against any of its members  because  of  the  race,  creed,
  color, national origin, sex or marital status of such volunteer members.
    (2)  Any person claiming to be aggrieved by an unlawful discriminatory
  practice pursuant to this paragraph may by himself or  his  attorney  at
  law  make,  sign  and  file  with  the state division of human rights, a
  verified complaint which shall set forth the particulars of the  alleged
  unlawful  discriminatory  practice and contain such other information as
  the division of human rights may require. The division  shall  thereupon
  cause  to  be  made  an  investigation  and  disposition  of the charges
  pursuant to the provisions of article fifteen of the executive law.