§ 176-B — Volunteer members of fire district fire companies

§ 176-b. Volunteer members of fire district fire companies. 1. The\nvolunteer members of a fire company shall be elected and appointed as\nprovided in this section.\n 2. The board of fire commissioners shall appoint residents of the fire\ndistrict as the volunteer members of any newly organized fire company.\nThereafter, the fire company may elect other eligible persons, including\nfire district officers, as volunteer members. The election shall be\npursuant to the by-laws, if any, of the fire company; otherwise, by a\nthree-fourths vote of the members of the fire company present and voting\nat a regular or special meeting thereof. The membership of any person so\nelected shall become effective when approved by resolution of the board\nof fire commissioners. Membership shall be deemed to have been approved\npursuant to this subdivision in the event that no action is taken by the\nboard of fire commissioners, either approving or disapproving, within\nforty days after service of written notice of election to membership\nshall have been made by the secretary of the fire company upon the\nsecretary of the board of fire commissioners, either personally or by\nmail.\n 3. Any person elected to membership as a volunteer member of a fire\ncompany shall be a resident of the fire district or of territory outside\nthe fire district which is afforded fire protection by the fire\ndepartment of the fire district, or any fire company thereof, pursuant\nto a contract for fire protection, except as otherwise provided in\nsubdivision six.\n 4. The membership of a volunteer member of a fire company shall\nterminate when he ceases to be a resident of the fire district or of any\nterritory outside the fire district which is afforded fire protection by\nthe fire department of the fire district, or any fire company thereof,\npursuant to a contract for fire protection, except as otherwise provided\nin subdivision five.\n 5. Any fire company may authorize the continued membership of any\nvolunteer member where such member notifies the secretary of his or her\nfire company (a) that he or she plans to change his or her residence to\nterritory which is not in the fire district and is not protected by the\nfire department of the district, or any fire company thereof, pursuant\nto a contract for fire protection, and (b) that by reason of his or her\nresidence in the vicinity or his or her usual occupation he or she will\nbe available to render active service as a volunteer firefighter in the\nfire district or in territory outside the fire district which is\nafforded fire protection pursuant to a contract for fire protection by\nthe fire department of the fire district, or a fire company thereof.\nSuch authorization shall be pursuant to the by-laws, if any, of the fire\ncompany of which he or she is a member, otherwise by a three-fourths\nvote of the members of such fire company present and voting at a regular\nor special meeting thereof. Such authorization shall not become\neffective unless approved by resolution of the board of fire\ncommissioners. Such authorization shall be deemed to have been approved\npursuant to this subdivision in the event that no action is taken by the\nboard of fire commissioners, either approving or disapproving, within\nforty days after service of written notice of such authorization shall\nhave been made by the secretary of the fire company upon the secretary\nof the board of fire commissioners, either personally or by mail. Any\nmembership continued pursuant to the provisions of this subdivision\nshall terminate when the member cannot meet either the requirements of\nthis subdivision or the residence requirements of subdivision three of\nthis section. In the case of a fire district which adjoins another\nstate, the term "vicinity", as used in this subdivision, includes\nterritory in this state and territory in the adjoining state.\n 6. A person who cannot meet the residence requirements of subdivision\nthree of this section may be elected to membership as a volunteer member\nof any fire company of the fire department if by reason of his or her\nresidence in the vicinity or his or her usual occupation he or her will\nbe available to render active service as a volunteer firefighter in the\nfire district or in territory which is afforded fire protection pursuant\nto a contract for fire protection by the fire department of the fire\ndistrict, or a fire company thereof. Such election shall be pursuant to\nthe by-laws, if any, of the fire company; otherwise by a three-fourths\nvote of the members of the fire company present and voting at a regular\nor special meeting thereof. The membership of any person so elected\nshall not become effective unless approved by resolution of the board of\nfire commissioners. Membership shall be deemed to have been approved\npursuant to this subdivision in the event that no action is taken by the\nboard of fire commissioners, either approving or disapproving within\nseventy days after service of written notice of election to membership\nshall have been made by the secretary of the fire company upon the\nsecretary of the board of fire commissioners, either personally or by\nmail. The membership of any volunteer member elected pursuant to the\nprovisions of this subdivision shall terminate when the member cannot\nmeet either the requirements of this subdivision or the residence\nrequirements of subdivision three of this section. In the case of a fire\ndistrict which adjoins another state, the term "vicinity", as used in\nthis subdivision, includes territory in this state and territory in the\nadjoining state.\n 7. (a) The membership of any volunteer firefighter shall not be\ncontinued pursuant to subdivision five of this section, and persons\nshall not be elected to membership pursuant to subdivision six of this\nsection, if, by so doing, the percentage of such non-resident members in\nthe fire company would exceed forty-five per centum of the actual\nmembership of the fire company, provided however, that the provisions of\nthis subdivision shall not apply to the memberships of the Shelter\nIsland Heights fire district, the Cherry Grove fire district, the Fire\nIsland Pines fire district, the Davis Park fire department, and the Cold\nSpring Harbor fire district in Suffolk county, the New Hampton fire\ndistrict, the Mechanicstown fire district, the Pocatello fire district,\nthe Washington Heights fire district and the Good Will fire district in\nOrange county, the Jericho fire district, the Westbury fire district and\nthe Roslyn Rescue Hook and Ladder Company, No. 1 in Nassau county, the\nOrangeburg fire district in Rockland county, the South Lockport Fire\nCompany and the Terry's Corners volunteer fire company in Niagara\nCounty, the Taunton fire district and the Onondaga Hill fire department\nin Onondaga county, the Town of Batavia fire department in Genesee\nCounty, the Schuyler Heights fire district, the Boght Community fire\ndistrict and the Slingerlands fire district I in Albany county, the town\nof Providence fire district in Saratoga county, the River Road fire\ndistrict, No. 3 and the Armor Volunteer Fire Company in Erie county, the\nSir William Johnson Fire Company in Fulton county, the Fort Johnson Fire\ndistrict in Montgomery county or the memberships of the Millwood fire\ndistrict, the Purchase Fire District, the North Castle South Fire\nDistrict, No. 1 in Westchester county, the Thornwood fire company, No. 1\nin Westchester county and the Rockland Lake fire district in Rockland\ncounty.\n (b) Upon application by a fire district or fire company to the state\nfire administrator, the requirements of paragraph (a) of this\nsubdivision shall be waived, provided that no adjacent fire district\nobjects within sixty days of notice, published in the state register.\nAny such objection shall be made in writing to the state fire\nadministrator setting forth the reasons such waiver should not be\ngranted. In cases where an objection is properly filed, the state fire\nadministrator shall have the authority to grant a waiver upon\nconsideration of (1) the difficulty of the fire company or district in\nretaining and recruiting adequate personnel; (2) any alternative means\navailable to the fire company or district to address such difficulties;\nand (3) the impact of such waiver on adjacent fire districts.\n 8. The board of fire commissioners by resolution may restrict the\nmembership of volunteer members in any or all of the fire companies of\nthe fire department to residents of the fire district. Any volunteer\nmember who then resides in territory outside the fire district shall\ncease to be a member of any fire company to which the restriction is\napplicable unless the resolution provides that his membership shall\ncontinue during the existence of any contract for fire protection to\nsuch territory by his company or during the period in which he may\ncontinue to meet the requirements of subdivision three, five or six.\n 9. Residents of outside territory which is protected pursuant to a\ncontract for fire protection who have been elected to volunteer\nmembership, and non-residents whose volunteer memberships have been\ncontinued or authorized pursuant to subdivision five or six of this\nsection may be elected or appointed to any office in the fire company or\nfire department 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 subdivision five\nof this section, or a non-resident of this state who was elected to\nmembership pursuant to subdivision six of this section, shall not be\nconsidered to be performing any firemanic duty, or to be engaged in any\nfiremanic activity, as a member of the fire company while he or she is\noutside of this state unless and until he or she has first reported to\nthe officer or firefighter in command of his or her fire department, or\nany company, squad or other unit thereof, engaged or to be engaged in\nrendering service outside this state, or has received orders or\nauthorization from an officer of the fire department or fire company to\nparticipate in or attend authorized activities outside of this state in\nthe same manner as resident members of the fire company.\n 10. A person shall not be eligible to volunteer membership in more\nthan one fire company at one time.\n 11. The term "contract for fire protection" as used in this section\nmeans one under which a cash consideration is received by the fire\ndistrict or by the fire department or a fire company thereof for the\nfurnishing of fire protection to an area outside the fire district. Any\nsuch contract shall be deemed in full force and effect for the purposes\nof this section if negotiations are pending for the renewal thereof.\n 12. The provisions of this section shall not be deemed to authorize\nthe election of any person as a member of a fire company, or the\ncontinuance of membership in a fire company as herein provided, if such\nelection or continuance of membership shall be contrary to the by-laws,\nrules or regulations of the fire company or of the fire department of\nthe fire district.\n 13. Any person:\n (1) who was recognized prior to the first day of July, nineteen\nhundred fifty-four, as a volunteer member of any fire company of the\nfire district by the board of fire commissioners of the fire district or\nby the officers and members of his fire company, and\n (2) who rendered active service with such fire company prior to such\ndate, and\n (3) who was, at the time of his or her election to membership, a\nresident of the fire district or of territory outside the fire district\nwhich was afforded fire protection by the fire department of the fire\ndistrict, or any fire company thereof, pursuant to a contract for fire\nprotection,\nshall for all purposes in law be considered to have been duly elected\nand appointed to membership in such fire company as of the date of such\nappointment, if any, and, if none, then as of the date of such election;\nnotwithstanding that there may have been some legal defect in such\nelection, or the proceedings precedent thereto, or a failure of the\nboard of fire commissioners to appoint such member, as provided by the\nlaw in force at the time of such election, and the status of such person\nas a volunteer firefighter as of the date of such appointment or\nelection is hereby legalized, validated, and confirmed. This\nsubdivision shall not apply to a person, if any, whose volunteer\nmembership in a fire company was declared invalid by a court of\ncompetent jurisdiction prior to the first day of January, nineteen\nhundred fifty-five.\n 14. Any person:\n (1) who was recognized on and 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 any fire company of the fire district\nby the board of fire commissioners of the fire district or by the\nofficers and members of his fire company, and\n (2) who rendered active service with such fire company between such\ndates, and\n (3) who was, at the time of his election to membership, a resident of\nthe fire district or of territory outside the fire district which was\nafforded fire protection by the fire department of the fire district, or\nany fire company thereof, pursuant to a contract for fire protection,\nor, who was a nonresident who was elected to membership or who was\ncontinued as a member, pursuant to the provisions of subdivision five or\nsix of this section, shall for all purposes in law be considered to have\nbeen duly elected and approved, or continued, as a member in such fire\ncompany as of the date of such approval, if any, and, if none, then as\nof the date of such election or, in the case of a continuance, as of the\ndate of the approval, if any, by the board of fire commissioners, and,\nif none, as of the date of authorization of continuance by the fire\ncompany; notwithstanding that there may have been some legal defect in\nsuch election, or the proceedings precedent thereto, or a failure of the\nboard of fire commissioners to approve such member, or approve the\ncontinuance of membership of such member, as provided by the law in\nforce at the time of such election or continuance, and the status of\nsuch person as a volunteer firefighter as of such date is hereby\nlegalized, validated, and confirmed. This subdivision shall not apply to\na person, if any, whose volunteer membership in a fire company was\ndisapproved by the board of fire commissioners or declared invalid by a\ncourt of competent jurisdiction prior to the first day of January, two\nthousand eleven.\n 15. (a) It shall be an unlawful discriminatory practice for any\nvolunteer fire department or fire company, through any member or members\nthereof, officers, board of fire commissioners or other body or office\nhaving power of appointment of volunteer firefighters in any fire\ndepartment or fire company pursuant to this section, because of the\nrace, creed, color, national origin, sex or marital status of any\nindividual, to exclude or to expel from its volunteer membership such\nindividual, or to discriminate against any of its members because of the\nrace, creed, color, national origin, sex or marital status of such\nvolunteer members.\n (b) Any person claiming to be aggrieved by an unlawful discriminatory\npractice pursuant to this section may by himself or his attorney at law\nmake, sign and file with the state division of human rights, a verified\ncomplaint which shall set forth the particulars of the alleged unlawful\ndiscriminatory practice and contain such other information as the\ndivision of human rights may require. The division shall thereupon cause\nto be made an investigation and disposition of the charges pursuant to\nthe provisions of article fifteen of the executive law.\n 16. A person who has been convicted of arson in any degree shall not\nbe eligible to be elected or appointed as a volunteer member of a fire\ncompany. The membership of any volunteer member of a fire company shall\nimmediately terminate if he is convicted of arson in any degree while a\nmember of a fire company.\n 17. Upon application by any person for membership in a fire company\noperating pursuant to this section, the fire chief shall cause the\napplicant's background to be checked pursuant to section eight hundred\nthirty-seven-o of the executive law for a criminal history involving a\nconviction for arson and conviction of a crime which requires the person\nto register as a sex offender under article six-C of the correction law.\nWhere such criminal history information includes conviction of a crime\nwhich requires the person to register as a sex offender under article\nsix-C of the correction law, a fire company shall determine whether or\nnot such person shall be eligible to be elected or appointed as a\nvolunteer member of such fire company. Such determination shall be made\nin accordance with the criteria established in sections seven hundred\nfifty-two and seven hundred fifty-three of the correction law.\n