§ 176 — Powers and duties of fire district commissioners

New York § 176

• Jurisdiction: New York
• Law TWN: Town
• Art. 11: Fire, Fire Alarm and Fire Protection Districts

Text

§ 176. Powers and duties of fire district commissioners. Subject to\nlaw and the provisions of this chapter, the fire district commissioners\nof every fire district shall constitute and be known as the board of\nfire commissioners of such fire district. Such board of fire\ncommissioners\n 1. Shall elect one of their members as chairman at the first meeting\nof fire commissioners after such district shall have been established\nand annually thereafter at the first meeting thereof following each\nelection of fire district officers. Such chairman, when present, shall\npreside at the meetings of the board of fire commissioners. In the\nabsence of the chairman the other members may designate one of their\nmembers to act as temporary chairman.\n 2. Shall appoint a fire district secretary.\n 2-a. May, notwithstanding the provisions of subdivision two of section\none hundred seventy-four of this chapter, provide by resolution that a\nproposition shall be submitted at any annual fire district election,\nother than one at which a fire district treasurer is required to be\nelected, determining that the office of fire district treasurer shall be\nan appointive office in such district. If such proposition be approved\nat such election, the office of fire district treasurer shall thereafter\nbe an appointive office in such district and no fire district treasurer\nshall be elected at the expiration of the term of office of the\nincumbent elected fire district treasurer. The board of fire\ncommissioners at its organization meeting shall annually appoint a fire\ndistrict treasurer to hold office until the thirty-first day of December\nnext succeeding his appointment. In any fire district in which the\noffice of fire district treasurer has been made appointive, the fire\ndistrict commissioners shall designate one of their members to act as\ntemporary chairman at the organization meeting each year until such time\nas a chairman of the board of fire commissioners shall be chosen.\n In any fire district in which the office of appointed fire district\ntreasurer may exist, the board of fire commissioners may provide by\nresolution that a proposition shall be submitted at any annual fire\ndistrict election determining that the office of fire district treasurer\nshall be an elective office in such district. If such proposition be\napproved at such election, the office of fire district treasurer shall\nthereafter be an elective office in such district and a fire district\ntreasurer shall be elected at the next succeeding annual fire district\nelection in accordance with the provisions of subdivision two of section\none hundred seventy-four of this chapter and the term of office of the\nappointive fire district treasurer for whom such successor shall be\nelected shall expire on the thirty-first day of December next succeeding\nsuch annual fire district election.\n 3. Whenever a vacancy shall occur in any fire district office, the\nboard of fire commissioners of such district, or a majority of the\nmembers thereof in office may appoint a qualified person to fill the\nvacancy. If the appointment be made to fill a vacancy in an appointive\noffice, the person so appointed shall hold office for the remainder of\nthe unexpired term. If the appointment be made to fill a vacancy in an\nelective office, the person so appointed shall hold office until the\nthirty-first day of December next succeeding the first annual fire\ndistrict election held thereafter and at such election a successor shall\nbe elected for the unexpired portion of the term beginning on the first\nday of January next succeeding. If a vacancy shall occur in any elective\nfire district office after the first day of October in any year, the\nperson so appointed to fill the vacancy shall hold office until the\nthirty-first day of December of the following calendar year and a\nsuccessor shall be elected at the annual fire district election held\nimmediately prior thereto to serve for the unexpired portion of the\nterm; provided, however, that if a vacancy so occurs in any elective\nfire district office, the term of which would expire on the thirty-first\nday of December next succeeding, the person so appointed shall hold\noffice only until such thirty-first day of December.\n 4. Shall require the fire district treasurer, before entering upon the\nduties of his office, to give an official undertaking, conditioned for\nthe faithful performance of his duties and that he will well and truly\nkeep, pay over and account for all moneys and property belonging to the\nfire district and coming into his hands as such treasurer, in such form,\nin such sum and with such sureties as the board of fire commissioners\nshall direct and approve and such approval shall be indicated upon such\nundertaking, and when approved such undertaking shall be filed in the\noffice of the town clerk of the town in which such fire district is\nlocated. If such district is situated in more than one town, a duplicate\noriginal of such undertaking, approved by the board of fire\ncommissioners, shall be filed in the office of the town clerk of each\ntown in which such district is located. The fire district commissioners\nmay by resolution determine that such undertaking shall be executed by a\nsurety company authorized to transact business in the state of New York\nand that the expense thereof shall be a charge on the fire district.\n 4-a. Shall audit all claims against the fire district and shall, by\nresolution, order the payment thereof by the fire district treasurer in\nthe amounts allowed. Except as otherwise provided by this subdivision,\nno such claim shall be audited or ordered paid by the board of fire\ncommissioners unless an itemized voucher therefor, in such form as the\nboard of fire commissioners shall prescribe, shall have been presented\nto the board of fire commissioners for audit and allowance. The board of\nfire commissioners may provide by resolution that no such claims may be\npresented, audited or paid unless they be either verified under oath,\nor, in lieu of such verification, certified, to be true and correct in a\nstatement signed by or on behalf of the claimant. The provisions of this\nsubdivision shall not be applicable to claims for the payment of fixed\nsalaries, compensation for services of officers or employees regularly\nengaged by the fire district at agreed wages by the hour, day, week,\nmonth or year unless so required by resolution of the board of fire\ncommissioners adopted at the organization meeting in the month of\nJanuary, the principal of or interest on obligations issued by the fire\ndistrict, fixed amounts becoming due on lawful contracts for the\npurchase of water for fire protection, and amounts which the fire\ndistrict may be required to pay to the state employees' retirement\nsystem on account of contributions for past and current services of\nfirefighters. The board of fire commissioners may, further, by\nresolution authorize the payment in advance of audit of claims for\nlight, telephone, postage, freight and express charges. All such claims\nshall be presented at the next regular meeting for audit, and the\nclaimant and the officer incurring or approving the same shall be\njointly and severally liable for any amount disallowed by the board of\nfire commissioners.\n 4-b. Any fire commissioner, secretary or treasurer of a fire district\nmay administer any necessary oath in any matter or proceeding lawfully\nbefore him, or in connection with any paper to be filed with him as such\nofficer.\n 4-c. Notwithstanding the provisions of subdivision four-a of this\nsection, may by resolution establish a petty cash fund for the fire\ndistrict treasurer for the payment, in advance of audit, of properly\nitemized and verified or certified bills for materials, supplies or\nservices furnished to the fire district for the conduct of its affairs\nand upon terms calling for payment to the vendor upon the delivery of\nany such materials or supplies or the rendering of any such services.\nThe amount of such petty cash fund shall not exceed two hundred fifty\ndollars. At the time of any payment from such fund, the treasurer shall\nrequire delivery to him of a bill in form sufficient for audit by the\nboard of fire commissioners as required by law. At each meeting of the\nboard of fire commissioners a list of all expenditures made from such\nfund since the last meeting of the board, together with the bills\nsupporting such expenditures, shall be presented by the treasurer to the\nboard of fire commissioners for audit. The board of fire commissioners\nshall direct the treasurer to reimburse such petty cash fund from the\nappropriate budgetary item or items, in an amount equal to the total of\nsuch bills which it shall so audit and allow. Any of such bills or any\nportion of such bills which the board of fire commissioners shall refuse\nto audit and allow shall be the personal liability of the treasurer and\nhe shall promptly reimburse such petty cash fund in the amount of such\ndisallowances. If such reimbursement has not been made by the time of\nthe first payment of salary to the treasurer after the action of the\nboard of fire commissioners in disallowing an amount so expended, such\namount shall be withheld from such salary payment to the treasurer and,\nif necessary, subsequent salary payments and paid into such petty cash\nfund until an amount equal to the amount so disallowed in the audit of\nthe board of fire commissioners has been repaid to the petty cash fund.\nAny bond or undertaking filed by the treasurer shall be available to the\nfire district for recovery of any losses incurred by reason of the\noperation of such petty cash fund.\n 5. Shall cause a map to be prepared showing the exact boundaries of\nthe fire district. If such map indicates boundary lines that are\ncontiguous with an adjacent fire district or fire districts, then such\nadjacent fire district or fire districts shall be given written notice,\nby certified mail, return receipt requested, addressed to the secretary\nof such fire district, of the intention to file a fire district map,\ntogether with a copy of such map. Such notice shall be sent by the\nsecretary of the fire district preparing such map. If an adjacent fire\ndistrict objects to the location of a boundary line affecting such\nadjacent fire district, then within forty-five days of the receipt of\nsuch notification and map, such objections shall be filed with the fire\ndistrict secretary of the fire district proposing such map and with the\ntown clerk of each town in which any part of such fire district is\nlocated. If such map does not indicate any boundary lines contiguous\nwith an adjacent fire district or fire districts, then a certified copy\nof such map shall be filed by the secretary of the fire district with\nthe town clerk of each town in which any part of the fire district is\nlocated for approval by the town board and, when so approved and filed\nby the secretary of the fire district, in the office of the town clerk\nand filed by the secretary of the fire district in the office of the\ncounty clerk in which said fire district or any part thereof shall be\nlocated, shall constitute presumptive evidence of the boundaries of the\nfire district. If such map indicates any boundary lines that are\ncontiguous with an adjacent fire district, such map shall be submitted\nby the secretary of the fire district to the town clerk of each town in\nwhich any part of the fire district is located, together with proof of\nservice upon such adjacent fire district or fire districts of such\nproposed map, and that more than forty-five days have elapsed since such\nservice was made. In addition, if objections have been filed, then a\nverified statement either amending the proposed map to meet such\nobjections or denying such objection in whole or in part, shall also be\nfiled. If the objections are denied, the town board in which town such\ndisputed boundary line is located shall, within thirty days after the\nsubmission of all proofs, objections and denials, cause the town\nengineer, if there be one, or, if not, hire a licensed land surveyor, to\nsurvey the boundary line or lines. If the disputed line or lines lie in\nmore than one town, the town boards, acting jointly by a majority vote\nof the members of each such town shall determine which town engineer or\nlicensed land surveyor shall survey the boundary line or lines. The cost\nof this survey, if any, shall be borne equally by the fire districts\ninvolved. Upon receipt by the town board or town boards of the survey of\nthe disputed boundary line or lines, each involved fire district shall\nbe immediately notified by the town clerk or town clerks. If no\nobjections are served upon the town clerk or clerks by adjacent fire\ndistricts within sixty days of receipt of such notification or the\nboundary line or lines have been adjusted to meet objections, then\nthereafter and within twenty days, the town board or town boards if one\ndisputed line or lines lie in more than one town shall cause a public\nhearing to be held, at which hearing owners of real property in the\naffected area shall be given an opportunity to be heard. Upon the\nconclusion of said public hearing, the town board shall determine the\ndisputed line or lines, and if the disputed line or lines lie in more\nthan one town, the town boards acting jointly by a majority vote of the\nmembers of each such town board shall determine the disputed line or\nlines and a copy of such map, as finally approved by the town board or\ntown boards, shall be filed in the office of the town clerk or clerks\nand certified copy shall be filed in the office of the county clerk in\nwhich said fire district or any part thereof shall be located. Such map\nshall then constitute presumptive evidence of the boundaries of the fire\ndistrict. The town clerk shall notify each affected fire district of the\nfiling of such map in such town clerk's office or offices and in the\noffice of the county clerk. The town clerk or clerks shall also publish\na notice of the filing of said map in the official paper of the town or\ntowns. Any fire district believing itself aggrieved or aggrieved\nproperty owner may within thirty days of receipt of notification or\npublication commence an appropriate proceeding in the supreme court of\nthe state of New York, in accordance with article seventy-eight of the\ncivil practice law and rules, naming the involved fire district and the\ntown board or boards as respondents. All fire district maps heretofore\napproved by the town board of each town in which any part of the fire\ndistrict is located and which map was filed in the office of the clerk\nof each town in which said fire district is located and filed in the\noffice of the county clerk in which said fire district or any part\nthereof is located, prior to the first day of January, nineteen hundred\neighty-one, shall continue to be presumptive evidence of the boundaries\nof such fire district.\n 6. Shall give notice of annual elections in the manner provided in\nthis article.\n 7. Shall require that candidates for district offices file their names\nwith the secretary of the fire district at least twenty days prior to\nthe date of such fire district elections and in addition may provide by\nresolution that such nominations be submitted in petition form\nsubscribed by twenty-five qualified voters of the district. Thereafter\nthe ballots prepared for the election of fire district officers shall\nspecify the names of the candidates duly filed and in addition provide\nproper blank spaces for each office to be filled at such election. If\nany such resolution shall be adopted, the requirements thereof shall be\nspecified in the notice of each fire district election held thereafter.\nThe board of fire commissioners may rescind such resolution at any time\nand thereafter fire district officers shall be elected as otherwise\nprovided herein.\n 8. Shall appoint officials for fire district elections as provided in\nsection one hundred seventy-five of this chapter and may provide for\ntheir compensation pursuant to such section.\n 9. Shall have the power to make any and all contracts for the purposes\nherein authorized within the appropriations approved by the taxpayers of\nthe district or within the statutory limitations specified herein.\n 10. May organize, operate, maintain and equip fire companies,\nincluding the purchase of uniforms to be used by the members of such\ncompanies, and provide for the removal of such members for cause.\n 11. May adopt rules and regulations governing all fire companies and\nfire departments in said district and prescribing the duties of the\nmembers thereof and enforce discipline and provide for public drills,\nparades, funerals, inspections and reviews of the fire district fire\ndepartment, or any company or unit thereof, within the fire district or\nat other places within the state, any adjoining state or in Canada. Such\nrules and regulations shall not authorize any member of the board of\nfire commissioners to interfere with the duties of the chief or\nassistant chief at such times as the fire department or any company or\nsquad thereof is on duty.\n 11-a. The members of the fire department of the fire district shall\nmeet at a time and place designated by the board of fire commissioners\non the Thursday following the first Tuesday in April of each year and\nnominate persons for the offices of chief and such assistant chiefs as\nmay be provided for in the rules and regulations adopted by the board of\nfire commissioners. If the Thursday following the first Tuesday in April\nfalls upon a day of special religious observance, the board of fire\ncommissioners may designate any other weekday in April after such\nThursday as the day upon which to hold such meeting. Each nominee shall\nbe a member of the fire department. In addition, the board of fire\ncommissioners may by resolution require that any or all of such fire\ndepartment officers shall be residents of the fire district. All\nnominations shall be made by ballot. The person acting as secretary of\nsuch meeting shall promptly notify the fire district secretary in\nwriting of such nominations. The board of fire commissioners at its\nmeeting next succeeding the making of such nominations shall consider\nthe same and shall appoint such persons to the offices to which they\nhave been respectively nominated or, if a nomination is not approved the\nboard of fire commissioners shall call another meeting of the members of\nthe fire department at which a new nomination shall be made to take the\nplace of any nomination not approved, which procedure shall continue\nuntil a full set of officers is approved. Any such person shall assume\nthe duties of his office as soon as he has been appointed thereto by the\nboard of fire commissioners and shall serve until his successor is\nappointed. A person who has been convicted of arson in any degree shall\nnot be eligible for nomination, election or appointment to the office of\nfire department chief or assistant chief. Any fire department chief or\nassistant chief who is convicted of arson in any degree during his term\nof office shall be disqualified from completing such term of office.\n 11-b. The members of the fire department at a regular or special\nmeeting of the department held after the month of April but prior to the\nmonth of November in any year may adopt a resolution recommending that\nfuture meetings for the nomination of the chief and assistant chiefs be\nheld in December, either on the first Thursday, the first Saturday, the\nThursday following the first Tuesday, the Saturday following the first\nTuesday, the Thursday following the second Tuesday, or the Saturday\nfollowing the second Tuesday in such month, instead of April as provided\nin subdivision eleven-a of this section. Provided, however, the Davis\nPark fire department may adopt a resolution to hold future meetings, for\nnomination of chief and assistant chiefs, on the last Sunday in\nSeptember; the Caton fire district may adopt a resolution to hold future\nmeetings, for nominations of chief and assistant chiefs, on the second\nTuesday in December; the Cherry Grove fire department may adopt a\nresolution to hold future meetings, for nomination of the chief and\nassistant chiefs, on the third Saturday in September; and the Fair\nHarbor fire department may adopt a resolution to hold future meetings,\nfor nomination of the chief and assistant chiefs, on the third Sunday in\nSeptember. The notice or call for such meeting shall specify that such a\nresolution will be offered to be voted upon at such meeting. If such\nresolution is adopted, the board of fire commissioners may adopt a rule\nor regulation providing that future meetings for the nomination of chief\nand assistant chiefs shall be held in December, either on the first\nThursday, the first Saturday, the Thursday following the first Tuesday,\nthe Saturday following the first Tuesday, the Thursday following the\nsecond Tuesday, the Saturday following the second Tuesday in such month,\nthe last Sunday in September in the Davis Park fire department, the\nsecond Tuesday in December in the Caton fire district, the third\nSaturday in September in the Cherry Grove fire department, or the third\nSunday in September in the Fair Harbor fire department, as specified in\nthe fire department resolution, instead of April as provided in\nsubdivision eleven-a of this section. Each nominee shall be a member of\nthe fire department. In addition, the board of fire commissioners may by\nresolution require that any or all of such fire department officers\nshall be residents of the fire district. All nominations shall be made\nby ballot. The person acting as secretary of such meeting shall promptly\nnotify the fire district secretary in writing of such nominations. The\nboard of fire commissioners at its organization meeting in the month of\nJanuary next succeeding the making of such nominations shall consider\nthe same and shall appoint such persons to the offices to which they\nhave been respectively nominated or, if a nomination is not approved the\nboard of fire commissioners shall call another meeting of the members of\nthe fire department at which a new nomination shall be made to take the\nplace of any nomination not approved, which procedure shall continue\nuntil a full set of officers is approved. Any such person shall assume\nthe duties of his office as soon as he has been appointed thereto by the\nboard of fire commissioners and shall serve until his successor is\nappointed. A person who has been convicted of arson in any degree shall\nnot be eligible for nomination, election or appointment to the office of\nfire department chief or assistant chief. Any fire department chief or\nassistant chief who is convicted of arson in any degree during his term\nof office shall be disqualified from completing such term of office.\n If the date of meetings for the nomination of chief and assistant\nchiefs is changed from April to September or December pursuant to the\nforegoing provisions of this subdivision, the members of the fire\ndepartment at a regular or special meeting of the department held after\nthe month of April but prior to the month of November in any year may\nadopt a resolution recommending that future meetings for the nomination\nfor such officers shall be held in April pursuant to the provisions of\nsubdivision eleven-a of this section. The call for such meeting shall\nspecify that such a resolution will be offered to be voted upon at such\nmeeting. If such a resolution is adopted, the board of fire\ncommissioners may adopt a rule or regulation providing that future\nmeetings for the nomination of chief and assistant chiefs shall be held\nin April pursuant to the provisions of subdivision eleven-a of this\nsection and that the provisions of such subdivision eleven-a shall again\nbecome applicable.\n 11-c. May adopt a resolution to employ paid firefighters and paid fire\nofficers including but not limited to a paid chief of the fire district\ndepartment, provide for their powers and duties, determine the chain of\ncommand in the fire department as between volunteer and paid\nfirefighters, determine that paid chief and/or any other paid officers\nshall have charge of apparatus and other equipment, and determine that\nthe volunteer firefighters and volunteer officers of the fire department\nshall act under the orders and control of such paid fire officers. The\nboard of fire commissioners may adopt a resolution to appoint a paid\nchief of the fire district department only after holding a public\nhearing prior to adopting such resolution. The notice of such hearing\nshall be published and posted and such hearing shall be held in the\nmanner provided in section one hundred seventy-one of this article for a\nhearing upon the establishment of a fire district. The notice shall\nstate the reason for the hearing including but not limited to the\nproposed employment of and proposed salary for the paid chief.\n 12. May contract for a supply of water and for the furnishing,\nerection, maintenance, care and replacement of fire hydrants, including\nthe erection and maintenance of markers therefor, and removal of snow\nand ice to provide access thereto, for fire purposes for a period not\nexceeding five years without any appropriation vote therefor by the\nqualified voters of such district.\n 12-a. In order to provide a supply of water for firefighting purposes\nfor any area of a fire district which does not have an adequate and\navailable supply or which cannot be suitably supplied by contract\npursuant to subdivision twelve of this section, (1) may purchase\npermanent or temporary rights to take water from cisterns, wells, and\nbodies of water and water-courses within the fire district, or may lease\nsuch rights, and (2) may purchase, construct or lease, and maintain,\nfire suction pools in bodies of water and water-courses, fire cisterns\nand fire wells, including necessary pipes, pumps, hydrants and other\nfacilities in connection therewith, and may purchase and lease necessary\nreal property and rights in land and water therefor. The water and\nimprovements shall be used for fire-fighting purposes only and the water\nshall not be sold. The fire suction pools, fire cisterns and fire wells\nshall be fenced or covered to prevent trespass by children and domestic\nanimals. Any such improvement shall be located upon real property within\nthe fire district which is owned or leased by the fire district or upon\nwhich an easement has been acquired by the fire district, except such\nportions of the improvement which are located within the bounds of\npublic highways, roads or streets with the consent of the state or local\nofficial charged with the supervision of the highway, road or street.\nThe board of fire commissioners may purchase insurance to protect the\nfire district from liability for damage to persons or property resulting\nfrom the maintenance of any such improvement by the fire district. If,\nafter proceeding pursuant to this subdivision, an adequate and available\nsupply of water for fire-fighting purposes becomes available for such\narea or if a suitable supply may be obtained therefor by contract\npursuant to subdivision twelve of this section, the fire district,\nnevertheless, may continue to act pursuant to this subdivision.\n 13. May purchase or lease apparatus and equipment for the\nextinguishment and the prevention of fires and for the purposes of\nemergency rescue and first aid and fire police squads.\n 14. For the preservation, protection and storing of fire apparatus and\nequipment and for the social and recreational use of the firefighters\nand residents of the district and for any of the purposes authorized by\nlaw, may acquire by purchase, lease, gift, devise or by condemnation,\nreal property and erect, construct, alter, repair and equip suitable\nbuildings, and may furnish necessary supplies for such purposes, and may\nlease portions thereof not required for fire district purposes. All real\nproperty required by any fire district for any purpose authorized by\nthis article shall be deemed to be required for public use and may be\nacquired by such fire district.\n 15. May construct and maintain an adequate fire alarm system in said\ndistrict.\n 16. May contract to provide outside of the fire district (1) fire\nprotection, (2) emergency service in case of accidents, calamities or\nother emergencies, or (3) general ambulance service pursuant to the\nprovisions of section two hundred nine-b of the general municipal law,\nupon such terms as the board of fire commissioners may determine proper,\nprovided that such service can be supplied without undue hazard to the\nfire district furnishing the service. Whenever the fire department or\nfire company of a fire district provides any such service to outside\nterritory pursuant to a contract, as aforesaid, the board of fire\ncommissioners of such fire district may pay to the fire department of\nsuch fire district, or to any fire company or companies of such fire\ndistrict, performing the service, such portion of the contract price as\nsuch board may deem proper, but not in any event to exceed thirty-five\nper centum of such contract price. The amount received pursuant to any\nsuch contract may be expended without being included in the amount that\nmay be expended annually without the adoption of a proposition therefor\nas provided in subdivision numbered eighteen of this section and in\nsection one hundred seventy-nine of this chapter.\n 17. May employ an attorney to counsel and assist in the discharge of\nits official duties and give it such professional services as it may\nrequire in conducting or defending any action or legal proceedings. If\nthe town attorney shall be so employed he shall receive, in addition to\nhis salary as town attorney, such compensation from the fire district as\nshall be agreed upon between the commissioners of the fire district and\nsuch town attorney, notwithstanding the provisions of section\ntwenty-seven of this chapter.\n 18. May, without the adoption of a proposition, expend from the fire\ndistrict revenues for any fiscal year amounts appropriated for\n (1) the payments under contracts made pursuant to subdivisions twelve\nand twenty-two of this section,\n (2) the payments required under a lease to provide a supply of water\nfor fire fighting purposes entered into pursuant to subdivision twelve-a\nof this section,\n (3) the payment of the principal of and interest on bonds, bond\nanticipation notes and capital notes issued by the fire district, and\nbudget notes issued pursuant to the provisions of subdivisions five, six\nand seven of paragraph a of section 29.00 of the local finance law, and\ninterest on tax anticipation notes issued pursuant to the provisions of\nparagraphs c-1 and c-2 of section 24.00 of the local finance law,\n (4) the compensation of paid fire district officers, fire department\nofficers, firefighters and other paid personnel of the fire department,\n (5) contributions to the New York state employees' retirement system\nand the New York state and local police and fire retirement system on\naccount of past and current services of paid fire district officers and\nemployees, including the paid officers, firefighters and other personnel\nof the fire department,\n (6) an assessment, charge, share or other payment required to be paid\nas the result of the participation by the fire district in any county\nself-insurance plan under article five of the workmen's compensation\nlaw,\n (7) the cost of insurance secured to indemnify the fire district\nagainst liability for benefits or compensation required to be paid or\nfurnished under or pursuant to the volunteer firefighters' benefit law\nand workers' compensation law, or for the payment of the benefits or\ncompensation required to be paid or furnished under or pursuant to such\nlaws by a fire district which is a self-insurer under such laws, to the\nextent that such benefits and compensation have not been recovered in\nsuch fiscal year under section twenty of the volunteer firefighters'\nbenefit law or section twenty-nine of the workers' compensation law,\n (7-a) the payment required annually to fund service awards to\nvolunteer firefighters made pursuant to article eleven-A of the general\nmunicipal law,\n (8) the cost of blanket accident insurance purchased under the\nprovisions of section four thousand two hundred thirty-seven of the\ninsurance law to insure volunteer firefighters against injury or death\nresulting from bodily injuries sustained by such firefighters in the\nperformance of their duties,\n (9) medical, surgical, hospital or other care or treatment and medical\ninspections required in connection with the disability of paid fire\ndepartment personnel pursuant to section two hundred seven-a of the\ngeneral municipal law, to the extent, if any, that such charges will not\nbe paid by an insurance carrier or county self-insurance plan under the\nworkmen's compensation law or have not been recovered in such fiscal\nyear under such section two hundred seven-a or under section twenty-nine\nof the workmen's compensation law,\n (10) employer's contributions for old age and survivors insurance\ncoverage under article three of the retirement and social security law,\n (11) the payment of the principal of and interest on indebtedness\nevidenced by tax anticipation notes issued pursuant to subdivision one\nof paragraph d of section 24.00 of the local finance law in relation to\nnewly-created fire districts under subdivision twenty-six of this\nsection, and\n (12) the payment of compromised claims and judgments under\nsubdivisions twenty-eight and thirty of this section;\n (13) the cost of insurance secured to indemnify the fire district\nagainst liability arising out of the ownership, use or operation of\nmotor vehicles owned by the fire district; and\n (14) the payment of monetary rewards pursuant to subdivision\nthirty-one of this section.\n (15) the cost of fuel for the fire district emergency vehicles,\nincluding fuel tax carry-overs.\n (16) the cost of audits required pursuant to section one hundred\neighty-one-a of this article.\n (17) the cost of insurance secured to indemnify the fire district\nagainst liability for benefits required to be paid or furnished pursuant\nto the enhanced cancer disability benefit established in section two\nhundred five-cc of the general municipal law, or for the payment of\nbenefits required to be paid or furnished pursuant to such law by a fire\ndistrict which is a self-insurer under such law.\nIn addition to such expenditures, the board of fire commissioners of any\nfire district may, without the adoption of a proposition therefor,\nexpend from the first district revenues for any fiscal year for purposes\nauthorized by or pursuant to law not to exceed two thousand dollars and\nin districts having a full valuation of real property taxable for fire\ndistrict purposes in excess of one million dollars an additional amount\nequivalent to one mill for each dollar of full valuation of taxable real\nproperty in excess of the first million dollars of full valuation of\nsuch taxable real property. Such full valuation shall, for the purposes\nof this subdivision, be computed by dividing the assessed valuation of\nthe real property subject to taxation by the fire district, as shown on\nthe assessment roll for the fire district which was completed in the\nsecond calendar year prior to that in which the expenditure is to be\nmade, by the town equalization rate established for such roll by the\nstate board of equalization and assessment. Where, in the case of a\nnewly-created fire district, there is no such completed assessment roll\nfor such fire district, full valuation shall be determined from the\nassessment roll upon which the real property included within the\ndistrict was assessed for town purposes and which was completed in the\nsecond calendar year prior to that in which the expenditure is to be\nmade. In any fire district the foregoing limitations provided in this\nsubdivision may be exceeded if a proposition has been adopted pursuant\nto paragraph (d) of subdivision one of section one hundred seventy-nine\nof this chapter.\n The foregoing limitations on expenditures shall not be applicable to\nthe proceeds of a contract for fire department services entered into\npursuant to the provisions of subdivision sixteen of this section and\nsuch proceeds may be expended for purposes authorized by or pursuant to\nlaw.\n The foregoing limitations on expenditures shall not be applicable to\nappropriations to or expenditures from a repair reserve fund,\ncontingency and tax stabilization reserve fund, capital reserve fund,\ndebt stabilization fund, workers' compensation reserve fund, mandatory\nreserve fund, unemployment insurance reserve fund or liability and\ncasualty reserve fund established pursuant to sections six-d, six-e,\nsix-g, six-h, six-j, six-l, six-m and six-n of the general municipal\nlaw, or to the use of the income and capital gains realized on the\ninvestments of the assets of such funds.\n The foregoing limitations on expenditures shall not be applicable to\nthe use of premiums from the sale of fire district obligations, the\nunexpended portion of the proceeds of fire district obligations, the\nincome and capital gains realized on the temporary investment of the\nproceeds, inclusive of premiums, of fire district obligations, as\nprovided in section 165.00 of the local finance law.\n The foregoing limitations on expenditures shall not be applicable to\nthe use of the proceeds of a gift or gifts given to a fire district, and\nsuch proceeds may be expended for purposes authorized by or pursuant to\nlaw.\n The provisions of this subdivision shall not be deemed to prevent the\nissuance of bonds, bond anticipation notes, capital notes or budget\nnotes to finance any object or purpose for which the fire district may\nexpend money.\n The foregoing limitation on expenditures shall not be applicable to\nthe use of insurance proceeds received for the loss, theft, damage or\ndestruction of real or personal property when proposed to be used or\napplied to repair or replace such property. Such proceeds may be\nappropriated by resolution of the board of fire commissioners at any\ntime for such objects and purposes.\n The foregoing limitation on expenditures shall not be applicable to\ncontributions to the state's unemployment insurance fund on account of\nsalaries paid to fire district officers and employees, including the\npaid officers, firefighters and other personnel of the fire department.\n 18-a. May employ such persons as may be necessary to effectuate the\nobjects and purposes of the district. Persons may be employed as paid\nfirefighters, however, only after a public hearing in relation to such\nemployment. Any such hearing shall be held by the board of fire\ncommissioners and the notice of the hearing shall state the time when\nand place in the district where the hearing will be held, the number of\npaid firefighters to be employed and the total annual amount to be spent\nfor the salaries or other compensation of such firefighters. The notice\nshall be published in the official newspaper of the district at least\nonce not more than twenty nor less than ten days before the hearing.\n 19. Shall have the exclusive management and control of the property of\nthe fire district and may insure the same against loss or damage from\nany risk whatsoever and may contract at the expense of the district for\ninsurance indemnifying the district, its officers, agents, employees and\nthe members of all fire companies against any loss arising from injuries\nto persons or property through the operation and maintenance of such\nfire district and the performance of the duties thereof and insure the\nmembers of the fire department of the district against injury or death\nin the performance of their duties, or both.\n 20. May grant or withhold its consent to the formation of a fire\ncorporation which intends to operate within the territory of such fire\ndistrict, pursuant to subdivision (f) of section four hundred four of\nthe not-for-profit corporation law.\n 21. Shall have and exercise all the powers conferred upon the fire\ndistrict and such additional powers as shall be necessarily implied\ntherefrom.\n 22. (a) May contract for the furnishing of fire protection within the\nfire district with any city, village, fire district, or incorporated\nfire company having its headquarters outside such fire district and\nmaintaining adequate and suitable apparatus and appliances for the\nfurnishing of fire protection in such district; provided there is no\nfire company maintaining its headquarters in said district or provided\nthe fire department of said district is, in the judgment of such fire\ncommissioners, unable to render adequate and prompt fire protection to\nsuch district or any area thereof. The contract also may provide for the\nfurnishing of (i) emergency service in case of accidents, calamities or\nother emergencies in connection with which the services of firefighters\nwould be required and (ii) general ambulance service subject, however,\nto the provisions of section two hundred nine-b of the general municipal\nlaw. In the event that the fire department or fire company furnishing\nfire protection within the district pursuant to contract does not\nmaintain and operate an ambulance and provision has not otherwise been\nmade for ambulance service for the area of the district pursuant to\nsection one hundred twenty two-b of the general municipal law then a\nseparate contract may be made for the furnishing within the district of\nemergency ambulance service or general ambulance service, or both, with\nany city, village or fire district the fire department of which, or with\nan incorporated fire company having its headquarters outside the\ndistrict which, maintains and operates an ambulance subject, however, in\nthe case of general ambulance service, to the provisions of section two\nhundred nine-b of the general municipal law.\n (b)(i) Except as provided in subparagraph (ii) of this paragraph,\nprior to commencing the negotiation process for such contract with an\nincorporated fire company, the incorporated fire company shall file with\nthe board of fire commissioners a statement itemizing the estimated\ncosts of the incorporated fire company attributable to the provision of\nservices under the prospective contract. The estimated costs\nattributable to the provision of services under the prospective contract\nitemized in the statement shall include, at a minimum, those, if any,\nfor: supplies; materials; operation, maintenance and repair of equipment\nand apparatus; insurance; training; protective clothing, gear and other\npersonnel costs; building rental, maintenance and operation; and a\nspecified proportionate share of capital costs. If the fire company is\nrequired to prepare any of the following documents, copies shall be\nincluded with the statement:\n (1) the fire company's most recent annual report of directors pursuant\nto section five hundred nineteen of the not-for-profit corporation law;\n (2) the fire company's most recent verified certificate pursuant to\nsubdivision (f) of section fourteen hundred two of the not-for-profit\ncorporation law;\n (3) the fire company's most recent internal revenue service form 990;\nand\n (4) the fire company's most recent annual report pursuant to section\nthirty-a of the general municipal law.\n (ii) The provisions of subparagraph (i) of this paragraph shall not\napply to the renewal of a contract when the contract is deemed renewed\nin accordance with paragraph (e) of this subdivision. Upon good cause\nshown, the board of fire commissioners may, by resolution, waive in\nwhole or in part the requirement that the fire company file the\nstatement, and copies of documents, required by subparagraph (i) of this\nparagraph.\n (c) The contract shall not be entered into until a public hearing has\nbeen held by the board of fire commissioners. Notice of the hearing\nshall be published at least once in at least one newspaper having\ngeneral circulation in the district. The notice shall specify the time\nwhen and place where the hearing will be held, and describe in general\nterms the proposed contract. The first publication thereof shall be at\nleast ten days prior to the day specified for the hearing.\n (d) Except as hereinafter provided, the term of the contract shall be\nfor a definite period of time, but in no event shall the term exceed\nfive years. The contract year or years in all such contracts entered\ninto after the year nineteen hundred sixty shall terminate on December\nthirty-first.\n (e) Instead of being for a definite term as hereinabove provided, the\ncontract may be for an original term of one calendar year or less and\nprovide that it shall be deemed renewed on the same basis each year\nthereafter for a further term of one full calendar year without any\nfurther public hearing unless one of the contracting parties shall\nnotify the other in writing on or before the first day of August that it\nelects to terminate the contract on December thirty-first in that year.\nThe term of any such contract, including renewals, shall not exceed five\nyears, but the contract may provide that there shall be less than four\nsuch renewals. If the city, village or fire district fire department or\nfire company which is to furnish the service under such a contract is\nnot a fully paid department or company, the city, village or fire\ndistrict governing board upon the request of the department or company,\nshall terminate the contract as provided in this paragraph. Any contract\nentered into pursuant to this paragraph may provide that in the month of\nJuly of each year in which such a renewal could occur the fire district\nsecretary shall notify the secretary of the fire department or fire\ncompany which is to furnish the service under the contract that the\ncontract shall be deemed renewed on the same basis for a further full\nterm of one calendar year unless one of the contracting parties shall\nnotify the other in writing on or before the first day of August that it\nelects to terminate the contract on December thirty-first in such year.\n (f) The contract shall specify a definite sum to be paid each year for\nall of the services to be rendered thereunder and may provide that such\namount shall be paid in one sum or in installments.\n (g) By mutual consent of the contracting parties, and after a public\nhearing held pursuant to notice in the manner aforesaid, any such\ncontract heretofore or hereafter executed may be (i) amended, (ii)\nterminated, or (iii) terminated and a new contract may be entered into\nin lieu thereof, if the board of fire commissioners, after such hearing,\nshall determine by resolution, that it is in the public interest so to\ndo. Such notice shall state in general terms the reason why any existing\ncontract is to be amended or terminated, and if a new contract is to be\nentered into the notice shall also describe the new contract in general\nterms.\n (h) The term "fire protection", as used in this subdivision, includes\ninspections of buildings and properties in the fire district for the\npurposes specified in and as authorized by section eight hundred seven-a\nof the education law, subdivision four of section three hundred three of\nthe multiple residence law, and section one hundred eighty-nine of the\ntown law.\n (i) The provisions of this subdivision shall not be deemed to have\namended subdivision two of section two hundred nine-b or section two\nhundred nine-d of the general municipal law, or any other general,\nspecial or local law requiring the consent of a fire department, fire\ncompany or an emergency rescue and first aid squad to the entering into\nof a contract for services to be performed by such department, company\nor squad.\n 23. May sell or otherwise dispose of real and personal property of the\ndistrict no longer necessary for any of its uses or purposes if, when\nand in the manner and to the extent authorized so to do in a proposition\nwhich is duly submitted and adopted or approved at a special or annual\nfire district election in the manner provided by section one hundred\nseventy-nine of this article for voting upon appropriations, except that\nif a proposition shall be submitted pursuant to the provisions of said\nsection for the purchase of apparatus or if a proposition shall be\nsubmitted pursuant to the local finance law for the approval of a bond\nresolution or a capital note resolution for obligations to be issued for\nthe purchase of apparatus, such proposition may specify that apparatus\nor equipment owned by the district or the proceeds of the sale thereof\nis to be used in part payment for new apparatus and the adoption of such\nproposition shall authorize the sale or such other disposition of such\napparatus or equipment, or if apparatus or equipment is to be purchased\nwithout the submission of a proposition as aforesaid apparatus or\nequipment owned by the district may be used as part payment for new\napparatus or equipment without the adoption of a proposition therefor,\nand except also that the board of fire commissioners may at any time\nsell or otherwise dispose of real and personal property of the district\nno longer necessary for any of its uses or purposes if valued at less\nthan one hundred thousand dollars but not below twenty thousand dollars,\nif, when and in the manner and to the extent authorized so to do in a\nresolution which shall be subject to a permissive referendum governed in\nthe manner provided in subdivision seven of section six-g of the general\nmunicipal law and except also that the board of fire commissioners may\nat any time sell or otherwise dispose of real and personal property of\nthe district no longer necessary for any of its uses or purposes without\nthe adoption of a proposition therefor if the value of such real and\npersonal property does not exceed the sum of twenty thousand dollars.\n 23-a. Shall award all contracts for public work and, except when the\noffice of director of purchasing has been established and a director of\npurchasing shall have been appointed and qualified, all purchase\ncontracts to the lowest responsible bidder after advertisement for bids\nwhere so required by section one hundred three of the general municipal\nlaw. In any case of a purchase from a manufacturer of a motor vehicle\nused for fighting fires, whether or not including apparatus used in\nconnection with such motor vehicle, having a period of probable\nusefulness of ten years as determined by section 11.00 of the local\nfinance law, advertisement for sealed bids may be made and the purchase\ncontract may be awarded for such motor vehicle and apparatus with the\nprovision, if the board of fire commissioners shall so specify, that\nprogress payments be made to the manufacturer as the motor vehicle or\napparatus or both progresses, provided that evidence satisfactory to the\nboard of fire commissioners as to the progress of such work be produced\nwith each request by the manufacturer for a progress payment, and\nfurther provided that such progress payments shall not exceed four in\nnumber and that at least twenty-five per cent of the contract price of\nthe motor vehicle or apparatus or both be withheld by the board of fire\ncommissioners until such motor vehicle or apparatus or both are\ndelivered to and accepted by the board of fire commissioners, and\nfurther provided that every such contract providing for progress\npayments shall be accompanied by a surety bond of a property/casualty\ninsurance company, as defined in section one hundred seven of the\ninsurance law, for the completion of the work, specified in the\ncontract, within the amount stipulated therein, which bond shall be\nfiled with the board of fire commissioners.\n 24. May enter into an agreement with the town in which the fire\ndistrict is located in whole or in part for the fire district to issue\nfire permits on behalf of the town as provided in and subject to the\nprovisions of sections one hundred thirty-nine and one hundred\nseventy-six-a of this chapter and may terminate any such agreement as\nprovided in such section one hundred thirty-nine.\n 25. Shall have power to cause investigations to be made to determine\nwhether the provisions of laws relating to fire prevention and fire\nequipment are being complied with within the fire district and, in case\nthere is found what appears to be a violation of any town building code\nor of any town ordinances, rules and regulations for fire prevention, or\nfor the removal or repair of unsafe buildings or collapsed structures,\nshall report the same to the town building inspector appointed pursuant\nto section one hundred thirty-eight of this chapter, or, if there be no\nsuch official, to the town board, for appropriate action.\n 26. The amount of any indebtedness incurred by a newly created fire\ndistrict prior to the first fiscal year for which an annual estimate is\nadopted, and the amount of the interest thereon, shall be included in\nthe first statement of expenditures of the district submitted pursuant\nto section one hundred eighty-one of this chapter and shall be assessed\nand levied on the taxable property of such district and collected in the\nsame manner and at the same time as the other amounts included in such\nstatement of expenditures. The amount so raised shall not be subject to\nthe limitations of subdivision eighteen of this section.\n 27. Shall have power to establish within the fire district one or more\nzones in which the rate of tax for fire district purposes shall be\ndifferent from the rate for other zones or for the portion of the\ndistrict not included in any zone, after a public hearing thereon. The\nnotice of such hearing shall be published and posted and such hearing\nshall be held in the manner provided in this article for a hearing upon\nthe establishment of a fire, fire alarm or fire protection district upon\npetition, except that the secretary of the board of fire commissioners\nshall perform the duties of the town clerk. Such notice shall specify\nthe boundaries of the proposed zone or zones and the items of expense of\nthe district which shall be charged against such zone or zones, other\nthan those charged against the district as a whole, or the other\nrespects in which the rates of tax for the proposed zone or zones are to\nbe different from the rates for the remainder of the district. After\nsuch hearing and upon the evidence given thereat, the board of fire\ncommissioners shall determine by resolution whether it be in the public\ninterest to establish the proposed zone or zones. If it be determined\nthat the establishment of such zone or zones be in the public interest,\nsuch board shall determine whether all the property, property owners and\ninterested persons within the proposed zone or zones are benefited\nthereby or enjoy benefits greater than are conferred upon the remainder\nof the district, and whether all property or property owners benefited\nor who enjoy such benefits are included within such zone or zones, and\nit shall so alter the boundaries of such zone or zones that all property\nand property owners and only such property and property owners as are\nbenefited and enjoy such benefits shall be included within the limits of\nsuch zone or zones. In the event, however, that it is found that any\nproperty, property owner or any interested persons not included in the\nzone or zones as originally proposed will be benefited thereby or enjoy\nsuch benefits, a further notice shall be posted and published and\nanother hearing held as provided herein, unless all said additional\nproperty owners or interested persons affected file a written consent to\nbe included in such zone or zones. When the boundaries of such zone or\nzones shall have been finally determined by such board, a certificate\nthereof shall be filed in the office of the town clerk or, if the\ndistrict be situated in more than one town, in the offices of the town\nclerks of all of the towns in which such district is situated, and such\nzone or zones shall be deemed established by the filing of such\ncertificate. Such board shall also cause such zone or zones to be\ncorrectly marked upon the map of the fire district. It is intended that\nthe provisions of this subdivision shall apply, for example, so as to\npermit one rate of taxation within a given distance of the fire house,\nwhere insurance rates are lower, and another rate for a greater distance\nfrom the fire house, or one rate for that portion of the district which\ndoes not have water hydrants and another rate for that portion of the\ndistrict which has water hydrants, or in the event of any other unusual\ncircumstances making the establishment of a zone or zones desirable.\nAfter such zone or zones shall be established, the annual statement of\nexpenditures, filed pursuant to section one hundred eighty-one of this\nchapter, shall specify the amounts to be raised by taxation in said zone\nor zones, which are not to be a general charge against all of the\nproperty of the fire district, and such amounts shall be levied only\nupon the property included in such zone or zones. Notwithstanding any\nother provision of this chapter, the petition for the creation of a fire\ndistrict may provide for the establishment of a zone or zones as\naforesaid, and the town board or boards in the creation of the fire\ndistrict may establish such separate zone or zones in the same manner\nthat they established the fire district, but the provisions relating to\nthe establishment of zones by the board of fire commissioners of a fire\ndistrict shall be followed so far as applicable. In case a petition for\nthe creation of a fire district calls for the establishment of such a\nzone or zones, the notice of the public hearing with respect to the\ncreation of the fire district shall contain information similar to that\nrequired to be contained in the notice given by the secretary of the\nboard of fire commissioners where the zone or zones are to be created by\nthe board of fire commissioners and the town board or boards shall have\nall of the powers of a board of fire commissioners with respect to the\ncreation of such zone or zones. The board of fire commissioners of a\nfire district in which a zone or zones shall have been established as\nhereinbefore provided may alter the boundaries of any such zone or zones\nor cause any such zone or zones to be abolished by procedure similar to\nthat provided in this section for the establishment of a zone or zones\nby the board of fire commissioners.\n 28. May compromise any suits or claims now existing or hereafter\narising against the fire district under section two hundred five-b of\nthe general municipal law, and a tax may be levied against the taxable\nproperty of the fire district for such purpose in addition to the sums\nauthorized by subdivision eighteen of this section, without the adoption\nof a proposition therefor, provided, however, that such compromise shall\nhave been approved by the court in which such action is pending, or if\nnot pending in any court, by a justice of the supreme court of the\njudicial district in which such fire district is located, on motion of\neither party supported by the affidavits of both an officer of such fire\ndistrict and the claimant or claimants, and the affidavits of such other\npersons as the court or justice may require, setting forth facts\nsufficient to establish the liability of the fire district and its lack\nof adequate defense.\n 29. May authorize the use of voting machines at any annual or special\nelection held within the fire district and such voting machine shall be\nused in accordance with the provisions contained in article nine of the\nelection law.\n 30. May provide by taxation the sum necessary to pay any judgment\nrecovered against the fire district, or may provide such sum, in whole\nor in part, pursuant to the local finance law and any taxes levied for\nsuch purpose against the taxable property of the fire district shall be\nin addition to the sums authorized by subdivision eighteen of this\nsection without the adoption of a proposition therefor.\n 31. May offer monetary rewards, in sums not to exceed one thousand\ndollars, to individuals for information leading to the arrest and\nconviction of any person or persons for felonies or misdemeanors\ndirectly connected to vandalism or theft of district property. Such\nrewards may be offered on any conditions the board may determine,\nsubject to whatever qualifications it may deem appropriate.\n 32. May engage a certified public accountant or public accountant to\naudit the accounts and fiscal affairs of the fire district.\n 33. May authorize the use of fire equipment and apparatus belonging to\nthe fire district for the purpose of participation in the funeral of a\ndeceased member or former member of a fire department or fire company\nwithin the district including the transportation of the body of the\ndeceased firefighter.\n 34. May adopt a resolution authorizing the application of the\nagricultural value assessment established pursuant to article\ntwenty-five-AA of the agriculture and markets law to the special\nassessment or special ad valorem levy made on behalf of the district on\nland benefitting from the agricultural value assessment under article\ntwenty-five-AA of the agriculture and markets law located within the\ndistrict. A copy of this resolution shall be delivered to the assessor\nor assessors of the unit or units in which the district is located and\nshall be effective on the assessment roll prepared after the next\ntaxable statue date following its adoption. A resolution repealing this\nexemption shall be delivered to the assessor or assessors of the\nassessing unit or units in which the district is located and shall be\neffective on the assessment roll prepared after the next taxable status\ndate following its adoption.\n