§ 209-I — Emergency service by volunteer firefighters

§ 209-i. Emergency service by volunteer firefighters. 1. Whenever a\nvolunteer firefighter is within this state, but outside the area\nregularly served by the fire company or fire department of which he or\nshe is a member and has knowledge of a fire or other emergency at or\nnear the place where he or she is for the time being, such volunteer\nfirefighter may report to the officer in command of the paid or\nvolunteer fire company or paid or volunteer fire department, or in\ncommand of one of the paid or volunteer fire companies or one of the\npaid or volunteer fire departments, engaged in the handling of any such\nfire or other emergency and, on an individual basis, offer his or her\nservices to assist such fire company or fire department. After his or\nher services are so accepted, the volunteer firefighter shall then be\nentitled to all powers, rights, privileges and immunities granted by law\nto volunteer firefighters during the time such services are rendered, in\nthe same manner and to the same extent as if he or she were a volunteer\nmember of the fire company or fire department which he or she is\nassisting, including benefits under the volunteer firefighters' benefit\nlaw. Any such commanding officer shall have power, in his or her\ndiscretion, to so accept the services of a volunteer firefighter unless\nthe legislative body of the city or the village, the board of fire\ncommissioners or other governing board of the fire district, or the town\nboard of the town in relation to (a) the fire companies serving\nterritory outside villages and fire districts or (b) a town fire\ndepartment, as the case may be, by resolution heretofore or hereafter\nadopted, has forbidden the acceptance of any such services pursuant to\nthis section. Any such resolution shall continue in effect until amended\nor repealed by the adoption of a subsequent resolution. The officer in\ncharge of any fire company or fire department shall be notified promptly\nof the adoption of any such resolution and of any amendment or repeal\nthereof.\n 1-a. A volunteer firefighter who, because of his residence or usual\noccupation, is regularly in the area served by a volunteer fire company\nor department of which he is not a member may nevertheless volunteer his\nservices on an on-going basis to the officer in command thereof to\nassist such fire company or fire department for the purpose of assisting\nsuch company or department's general or emergency ambulance services, or\nfor the purpose of assisting such fire company or fire department at a\nfire or other emergency scene or for the purpose of training with such\nfire company or fire department. After his services are so accepted, the\nvolunteer firefighter shall then be entitled to all powers, rights,\nprivileges and immunities granted by law to volunteer firefighters\nduring the time such services are rendered, in the same manner and to\nthe same extent as if he were a volunteer member of the fire company or\nfire department which he is assisting, including benefits under the\nvolunteer firefighters' benefit law. Any such commanding officer when\nauthorized by the legislative body of the city or the village, the board\nof fire commissioners or other governing board of the fire district, or\nthe town board of the town in relation to (a) the fire companies serving\nterritory outside villages and fire districts or (b) a town fire\ndepartment, as the case may be, shall have power, in his discretion, to\nso accept the services of a volunteer firefighter.\n 1-b. In the event that an active volunteer firefighter provides\nservices under subdivision one of this section when there is no\njurisdictional officer in command present, such volunteer firefighter\nshall be entitled to coverage under the volunteer firefighters' benefit\nlaw provided the fire company or municipality the volunteer serves\nadopts a resolution granting coverage for the provision of such\nservices. Upon arrival of a jurisdictional officer in command, such\nvolunteer shall be entitled to benefits in the manner set forth in\nsubdivision one of this section.\n 1-c. A member of a fire company or department of another state who is\nregularly in an area served by a volunteer fire company or fire\ndepartment may volunteer their services on an on-going basis to such\nfire company or fire department for the purpose of assisting such\ncompany or department's general or emergency ambulance services, or for\nthe purpose of assisting such fire company or fire department at a fire\nor other emergency scene or for the purpose of training with such fire\ncompany or fire department, provided that such company or department is\nauthorized to accept such services by the governing body of the city or\nthe village, the board of fire commissioners or other governing board of\nthe fire district, or the town board of the town in relation to (a) the\nfire companies serving territory outside villages and fire districts or\n(b) a town fire department, as the case may be. Upon application by an\nout-of-state firefighter, a fire company or fire department shall\ndetermine whether such out-of-state firefighter meets state and local\nrequirements for active members of their company or department,\nincluding, but not limited to, compliance with a background check\npursuant to section eight hundred thirty-seven-o of the executive law,\nand whether such out-of-state firefighter is in good standing with the\nfire company or department in which they normally serve. If a volunteer\nfire company or fire department accepts the services of such an\nout-of-state firefighter, such firefighter shall be entitled to all\npowers, rights, privileges and immunities granted by law to volunteer\nfirefighters during the time such services are rendered, in the same\nmanner and to the same extent as if such firefighter were a volunteer\nmember of the fire company or fire department being assisted, including\nbenefits under the volunteer firefighters' benefit law, provided,\nhowever, such firefighter shall not be eligible to participate in a\nservice award program as authorized by articles eleven-A and eleven-AAAA\nof this chapter nor shall such firefighter be eligible for coverage\nunder section eleven-c of the volunteer firefighters' benefit law\nrelating to diseases of the lung and section sixty-one of the volunteer\nfirefighters' benefit law relating to disease or malfunction of heart or\ncoronary arteries and any other presumptive coverage for impairment of\nhealth or death. Upon acceptance of such out-of-state firefighter to a\nfire company or fire department, such company or department shall\nprovide to the applicant, and the applicant shall acknowledge receipt\nof, the following written statement: "If a volunteer fire company or\nfire department accepts the services of a firefighter who is a member of\na fire department or a company of another state, such firefighter shall\nbe entitled to all powers, rights, privileges and immunities granted by\nlaw to volunteer firefighters during the time such services are\nrendered, in the same manner and to the same extent as if such\nfirefighter were a volunteer member of the fire company or fire\ndepartment being assisted, including benefits under the volunteer\nfirefighters' benefit law, provided, however, such firefighter shall not\nbe eligible to participate in a service award program as authorized by\narticles 11-A and 11-AAAA of the general municipal law, nor shall such\nfirefighters be eligible for coverage under section eleven-c of the\nvolunteer firefighters' benefit law, relating to diseases of the lung,\nand section 61 of the volunteer firefighters' benefit law, relating to\ndisease or malfunction of heart or coronary arteries, and any other\npresumptive coverage for impairment of health or death."\n 2. The municipal corporation or fire district which would be liable\nfor the negligence of any volunteer members of the fire company or fire\ndepartment which has accepted the services of the volunteer firefighter\npursuant to this section shall be liable for the negligence of such\nvolunteer firefighter while acting, after such acceptance and during the\ntime such services were rendered, in the discharge of his or her duties\nas a volunteer firefighter in the same manner and to the same extent as\nif he or she were a volunteer member of the fire company or fire\ndepartment which he or she assisted. If the fire company or fire\ndepartment which has so accepted the services of a volunteer firefighter\npursuant to this section is a paid fire company or paid fire department,\nsuch paid fire company or paid fire department shall, for the purposes\nof this subdivision and section two hundred five-b of this article, be\ndeemed to be a "duly organized volunteer fire company" within the\nmeaning of such section two hundred five-b.\n 3. As used in this section, the term "volunteer firefighter" means a\n"volunteer firefighter" as such term is defined in section three of the\nvolunteer firefighters' benefit law; the term "area regularly served"\nmeans the home area of the volunteer firefighter as described in\nsubdivisions one, two, three, four or five of section thirty of the\nvolunteer firefighters' benefit law and, in addition, any other area\nserved pursuant to a contract for fire protection and the terms "fire\ncompany" and "fire department" shall include emergency rescue and first\naid squads or other squads or units of a fire company or fire\ndepartment.\n