§ 1402 — Fire corporations

§ 1402. Fire corporations.\n (a) Certificate of incorporation; additional contents.\n In addition to the requirements of section 402 (Certificate of\nincorporation; contents), the certificate of incorporation of a fire\ncorporation shall state the precise boundaries of the territory in which\nthe corporation intends to operate.\n (b) Type of corporation.\n A fire corporation is a charitable corporation under this chapter.\n (c) Appointment of firefighters.\n (1) A person shall not be eligible to be named in the certificate of\nincorporation of a fire corporation unless he shall be at least eighteen\nyears of age and a resident of a city, village, fire district, or town\noutside of villages and fire districts, where the fire corporation\nintends to operate.\n (2) If the fire corporation becomes part of the fire department of a\ncity, village or fire district, a person shall not be eligible to be\nelected as a member or to continue as a member except as provided by law\nfor volunteer members of the fire companies in such city, village or\nfire district.\n (3) In towns outside of villages and fire districts, the consent of a\nmajority of the members of the town board to the formation of a fire\ncorporation shall constitute an appointment of the persons named in the\ncertificate of incorporation as town firefighters. Thereafter, other\neligible persons may be elected as members pursuant to the by-laws of\nthe fire corporation, but the election of a member must be approved by\nthe town board of each town which consented to the formation of the fire\ncorporation. Such a person shall be a resident of the territory\nspecified in the certificate of incorporation or of territory outside\nsuch boundaries which is afforded fire protection by the fire\ncorporation pursuant to a contract for fire protection under which a\ncash consideration is received by the corporation or for which\nnegotiations for renewal of such a contract are pending. The membership\nof any volunteer member shall terminate when such member ceases to be a\nresident of such inside or outside territory, except that the\ncorporation may authorize their continued membership where such member\nnotifies the secretary of the fire corporation (a) that they plan to\nchange their residence to a territory which is not in such inside or\noutside territory, and (b) that by reason of such member's residence in\nthe vicinity or such member's usual occupation they will be available to\nrender active service as a volunteer firefighter in either such inside\nor such outside territory. Voting for such authorization shall be\npursuant to the by-laws. Such authorization shall not become effective\nunless approved by resolution of the town board of each town which\nconsented to the formation of the corporation. Any membership so\ncontinued shall terminate when the member can no longer meet the\nrequirements of this subparagraph. A person who cannot meet the\nresidence requirements of this subparagraph may be elected to membership\nas a volunteer member if by reason of such member's residence in the\nvicinity or such member's usual occupation they will be available to\nrender active service as a volunteer firefighter in such inside or\noutside territory. Voting for such election shall be pursuant to the\nby-laws. Such election shall not become effective unless approved by\nresolution of the town board of each town which consented to the\nformation of the corporation. Such membership shall terminate when the\nmember can no longer meet the requirements of this subparagraph. The\nelection or continuance of any person as a member shall be deemed to\nhave been approved by the town board pursuant to this subparagraph in\nthe event that no action is taken by the town board, either approving or\ndisapproving, within forty days in the case of residents of the\nterritory specified in the certificate of incorporation or of outside\ncontract territory, and within seventy days in the case of all others,\nafter service of written notice of such election or continuance of\nmembership shall have been made by the secretary of the corporation upon\nthe town clerk, either personally or by mail. The membership of any\nvolunteer firefighter shall not be continued pursuant to this\nsubparagraph, and persons who do not reside in the territory specified\nin the certificate of incorporation or in territory protected pursuant\nto a contract for fire protection shall not be elected to membership,\nif, by so doing, the percentage of such nonresident members in the fire\ncorporation would exceed forty-five per centum of the actual membership\nthereof, provided, however, that the forty-five percent limit on\nnon-resident members shall not apply to the membership of the Huguenot\nFire Company, Inc., within the town of Deerpark, Orange county, to the\nmembership of the Prospect Terrace Fire Company, Inc., within the town\nof Dickinson, Broome county, to membership of the Hopewell Volunteer\nFire Department, Inc., to membership of the Wales Center Volunteer Fire\nCompany, Inc., within the town of Wales, Erie county, to the membership\nof the Nedrow Fire Department, within the town of Onondaga, Onondaga\ncounty, to the membership of the Howlett Hill Fire Department, within\nthe town of Onondaga, Onondaga county, to the membership of the South\nOnondaga Fire Department, within the town of Onondaga, Onondaga county,\nto the membership of the Southwood Volunteer Fire Department, Inc.,\nwithin the town of Onondaga, Onondaga county, to the membership of the\nEast Syracuse Fire Department, within the town of Dewitt, Onondaga\ncounty, to the membership of the Camillus Volunteer Fire Department,\nInc., within the town of Camillus, Onondaga county, to the membership of\nthe Pleasant Square Fire Company, Inc. within the town of Johnstown,\nFulton county, to the membership of the East Amherst Fire Department,\nInc., within the town of Amherst, Erie county, to the membership of the\nCrittenden Volunteer Fire Department, Inc., within the town of Alden,\nErie county, to membership of the fire departments within the town of\nFleming, Cayuga county, to membership of the Bushnell's Basin Fire\nDepartment, in the town of Perinton, Monroe county, to the membership of\nthe East Dunkirk Volunteer Fire Company, Inc. within the town of\nDunkirk, Chautauqua county, to the membership of the Varna Volunteer\nFire Company, Inc., within the town of Dryden, Tompkins county, to the\nmembership of the Leeds Hose Company No. 1, Inc. within the town of\nCatskill, Greene county or to membership of the Salina Consolidated Fire\nDistrict #2, in the town of Salina, Onondaga county. Nonresidents of the\nterritory specified in the certificate of incorporation whose volunteer\nmembership has been authorized or continued pursuant to this\nsubparagraph may be elected or appointed to any office in the fire\ncorporation and shall have all the powers, duties, immunities, and\nprivileges of resident volunteer members except a non-resident of this\nstate whose membership has been continued pursuant to this subparagraph,\nor who was elected to membership pursuant to this subparagraph, shall\nnot be considered to be performing any firefighting duty, or to be\nengaged in any firefighting activity, as a member of the fire company\nwhile such member is outside of this state unless and until such member\nhas first reported to the officer or firefighter in command of their\nfire department, or any company, squad or other unit thereof, engaged or\nto be engaged in rendering service outside this state, or has received\norders or authorization from an officer of the fire department or fire\ncompany to participate in or attend authorized activities outside of\nthis state in the same manner as resident members of the fire company. A\nperson shall not be eligible to volunteer membership in any other fire\ncorporation or fire company at one time. The provisions of this\nsubparagraph shall not be deemed to authorize the election or the\ncontinuance of any person as a member of the corporation if such\nelection or continuance of membership shall be contrary to the by-laws,\nrules or regulations of the fire corporation.\n (4) A person who has been convicted of arson in any degree shall not\nbe eligible to be named in the certificate of incorporation of a fire\ncorporation, or to be elected or appointed as a volunteer member of a\nfire corporation. The membership of any volunteer member of a fire\ncorporation shall immediately terminate if he is convicted of arson in\nany degree while a member of a fire corporation.\n (5) Upon application by any person for membership in a fire\ncorporation operating pursuant to this section, the fire chief shall\ncause the applicant's background to be checked pursuant to section eight\nhundred thirty-seven-o of the executive law for a criminal history\ninvolving a conviction for arson and conviction of a crime which\nrequires the person to register as a sex offender under article six-C of\nthe correction law. Where such criminal history information includes\nconviction of a crime which requires the person to register as a sex\noffender under article six-C of the correction law, a fire company shall\ndetermine whether or not such person shall be eligible to be elected or\nappointed as a volunteer member of such fire company. Such determination\nshall be made in accordance with the criteria established in sections\nseven hundred fifty-two and seven hundred fifty-three of the correction\nlaw.\n (d) Incorporation of fire corporations in towns legalized.\n Any fire, hose, protective or hook and ladder corporation heretofore\norganized under any general law with the consent of the town board in\nthe territory served by such corporation is hereby legalized and\nconfirmed, notwithstanding the omission of any town board to appoint or\nconfirm the members of such corporations as town firefighters. Any such\ncorporation shall hereafter be subject to the provisions of this\nsection.\n (e) Powers.\n (1) A fire, hose, protective or hook and ladder corporation heretofore\nincorporated under any general law or a fire corporation hereafter\nincorporated under this section shall be under the control of the city,\nvillage, fire district or town authorities having, by law, control over\nthe prevention or extinguishment of fires therein. Such authorities may\nadopt rules and regulations for the government and control of such\ncorporations. Notwithstanding the provisions of any such local law, a\nperson who has been convicted of arson in any degree shall not be\neligible for nomination, election or appointment to any office of the\ncorporation, nor may such person serve as director of the corporation.\nAny fire corporation officer or director who is convicted of arson in\nany degree during his term of office shall be disqualified from\ncompleting such term of office.\n (2) Where a fire corporation formed outside of a city, village or fire\ndistrict furnishes fire protection to territory outside of the\nboundaries specified in its certificate of incorporation, the fire\ncorporation and the members thereof shall be under the exclusive control\nof the town board of the town in which the fire corporation maintains\nits apparatus.\n (3) The emergency relief squad of a fire corporation incorporated\nunder this section or subject to the provisions thereof shall have power\nto furnish general ambulance service when duly authorized under the\nprovisions of section two hundred nine-b of the general municipal law.\n (4) Any fire company incorporated under this section or subject to the\nprovisions thereof shall have power to engage in fund raising activities\npursuant to section two hundred four-a of the general municipal law.\n (5) Any fire company incorporated under this section or subject to the\nprovisions thereof shall have power, subject to the approval or\nauthorization of the town board, to attend a funeral.\n (6) Fire, hose, protective or hook and ladder corporations heretofore\nincorporated under any general law or fire corporations hereafter\nincorporated under this section or volunteer fire companies or fire\ndepartments as defined in section three of the volunteer firefighters'\nbenefits law are hereby authorized to enter into contracts among\nthemselves and among municipal corporations for the joint purchase of\ngoods, supplies and services. Provided that the provisions of article\nfive-A of the general municipal law shall be controlling for any\nproposed joint purchase between such fire corporation, company, or\ndepartment and a municipal corporation. For the purposes of this\nsubparagraph the term "municipal corporation" shall mean a county, city,\ntown, village, fire district, or ambulance district.\n (f) Directors to file report.\n It shall be the duty of the directors of all fire, hose, protective or\nhook and ladder corporations incorporated under a general law or of a\nfire corporation formed under this section in territory outside of\ncities or villages, or a majority of them, on or before the fifteenth\nday of January in each year, to make and file in the county clerk's\noffice, where the certificate of incorporation is filed a verified\ncertificate, stating the names of the directors and officers of the\ncorporation, containing an inventory of its property, a statement of its\nliabilities and that the corporation has not engaged, directly or\nindirectly, in any business other than that set forth in its certificate\nof incorporation.\n (g) Firefighters' exemption.\n Every active firefighter who shall be a member of a corporation\nsubject to the provisions of this section shall be entitled to all the\nrights granted by law to volunteer firefighters and every such active\nfirefighter who shall meet the requirements of section two hundred of\nthe general municipal law shall be entitled to the additional rights\ngranted by law to exempt volunteer firefighters.\n (h) Legalization of membership of fire corporations in towns outside\nvillages and fire districts.\n (1) Any person:\n (A) who was recognized prior to the first day of July, nineteen\nhundred fifty-four, as a volunteer member of a fire corporation subject\nto the provisions of this section located in a town outside villages and\nfire districts by the town board or by the officers and members of the\nfire corporation, and\n (B) who rendered active service with such fire corporation prior to\nsuch date, and\n (C) who was, at the time of his or her election to membership, a\nresident of the territory specified in the certificate of incorporation\nor of territory outside such boundaries which was afforded fire\nprotection by the fire corporation pursuant to a contract for fire\nprotection,\n shall for all purposes in law be considered to have been duly elected\nand confirmed as a member in such fire corporation as of the date of\nsuch confirmation, if any, and, if none, then as of the date of such\nelection; notwithstanding that there may have been some legal defect in\nsuch election, or the proceedings precedent thereto, or a failure of the\ntown board to confirm such member, as provided by the law in force at\nthe time of such election, and the status of such person as a volunteer\nfirefighter as of the date of such confirmation or election is hereby\nlegalized, validated and confirmed. This subparagraph shall not apply to\na person, if any, whose volunteer membership in a fire corporation was\ndeclared invalid by a court of competent jurisdiction prior to the first\nday of January, nineteen hundred fifty-five.\n (2) Any person:\n (A) who was recognized on or after the first day of July, nineteen\nhundred fifty-four and prior to the first day of January, two thousand\neleven as a volunteer member of a fire corporation subject to the\nprovisions of this section located in a town outside villages and fire\ndistricts by the town board or by the officers and members of the fire\ncorporation, and\n (B) who rendered active service with such fire corporation between\nsuch dates, and\n (C) who was, at the time of his or her election to membership, a\nresident of the territory specified in the certificate of incorporation\nor of territory outside such boundaries which was afforded fire\nprotection by the fire corporation pursuant to a contract for fire\nprotection, or who was a nonresident elected to membership or who was\ncontinued as a member, pursuant to the provisions of subparagraph (A)\n shall for all purposes in law be considered to have been duly elected\nand confirmed, or continued, as a member in such fire corporation as of\nthe date of such confirmation, if any, and, if none, then as of the date\nof such election or, in the case of a continuance, as of the date of\napproval, if any, by the town board and, if none, as of the date of\nauthorization of continuance by the fire corporation; notwithstanding\nthat there may have been some legal defect in such election, or the\nproceedings thereto, or a failure of the town board to confirm the\nelection, or approve the continuance of membership, of such member, as\nprovided by the law in force at the time of such election or\ncontinuance, and the status of such person as a volunteer firefighter as\nof such date is hereby legalized, validated and confirmed. This\nsubparagraph shall not apply to a person, if any, whose volunteer\nmembership in a fire corporation was declared invalid by a court of\ncompetent jurisdiction prior to the first day of January, two thousand\neleven.\n (i) Discrimination because of race, color, creed or national origin\nprohibited.\n (1) It shall be an unlawful discriminatory practice for any volunteer\nfire department, fire company or fire corporation, through any member or\nmembers thereof, directors, officers, members of a town board, board of\nfire commissioners or other body or office having power of appointment\nof volunteer firefighters in any fire department, fire company or fire\ncorporation pursuant to this section, because of the race, creed, color,\nnational origin, sex or marital status of any individual, to exclude or\nto expel from its volunteer membership such individual, or to\ndiscriminate against any of its members because of the race, creed,\ncolor, national origin, sex or marital status of such volunteer members.\n (2) Any person claiming to be aggrieved by an unlawful discriminatory\npractice pursuant to this paragraph may by himself or his attorney at\nlaw make, sign and file with the state division of human rights, a\nverified complaint which shall set forth the particulars of the alleged\nunlawful discriminatory practice and contain such other information as\nthe division of human rights may require. The division shall thereupon\ncause to be made an investigation and disposition of the charges\npursuant to the provisions of article fifteen of the executive law.\n