§ 58-A — Requirements for provisional or permanent appointment of certain fire fighters

§ 58-a. Requirements for provisional or permanent appointment of\ncertain fire fighters. 1. Notwithstanding any other provision of this\nlaw or any general, special or local law to the contrary, no person\nshall be eligible for provisional or permanent appointment in the\ncompetitive class of the civil service as a fire fighter unless he or\nshe shall satisfy the basic requirements for education, health and\nphysical fitness established by the state fire administrator pursuant to\nsection one hundred fifty-eight of the executive law.\n 2. Notwithstanding the provisions of subdivision one of this section,\nupon the request of a municipal commission having jurisdiction over a\nfire department and upon a showing by such municipal commission and a\ndetermination by the state commission that aggravated recruitment\ndifficulties are causing a serious shortage of fire fighters in such\nfire department and that such municipal commission and all appropriate\nauthorities are making diligent efforts, including payment of adequate\ncompensation, to overcome such recruitment difficulties, the state\ncommission, with the approval of the state fire administrator, may\nchange the educational, health and physical fitness requirements for\nprovisional and permanent appointment as a fire fighter in such fire\ndepartment for a period not exceeding two years from the date of such\ndetermination. Such changes may be authorized for an additional period\nnot exceeding two years, upon a showing and a determination similar to\nthat required hereunder for the original authorization.\n 3. The provisions of this section shall not prevent the establishment\nof more restrictive local requirements for eligibility for fire\nfighters.\n 4. For the purposes of this section fire fighter means a member of a\nfire department whose duties include fire service as the phrase fire\nservice is defined in paragraph d of subdivision eleven of section three\nhundred two of the retirement and social security law.\n 5. Any person whose name was on an eligible list for appointment in\nthe competitive class of the civil service as a fire fighter on the date\neducational, health and physical fitness requirements for fire fighters\nare promulgated by the state fire administrator pursuant to section one\nhundred fifty-eight of the executive law, shall continue to remain\neligible for appointment from such list during the life of such list\nwithout satisfying such requirements provided he or she would otherwise\nhave remained eligible for appointment from such list if this section\nhad not been enacted.\n 6. The provisions of this section shall not apply to appointments made\nby any county, city, town, village or fire district which employs five\nor fewer fire fighters.\n 7. Notwithstanding any other provision of this law or any general,\nspecial or local law to the contrary, no person shall be eligible for\nprovisional or permanent appointment as a fire chief other than those\nchiefs employed by a fire department of cities with a population of one\nmillion or more unless he or she shall:\n (a) satisfy the basic requirements for education, health and physical\nfitness established by the state fire administrator pursuant to section\none hundred fifty-eight of the executive law; and\n (b) has successfully completed training and education requirements\nestablished by the state fire administrator.\n