§ 184 — Fire protection districts

New York § 184

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

Text

§ 184. Fire protection districts. * 1. Whenever the town board shall\nhave established or extended a fire protection district pursuant to the\nprovisions of this article, the town board shall provide for the\nfurnishing of fire protection within the district and for that purpose\nmay (a) contract with any city, village, fire district or incorporated\nfire company maintaining adequate and suitable apparatus and appliances\nfor the furnishing of fire protection in such district or (b) may\nacquire by gift or purchase such apparatus and appliances for use in\nsuch district and may contract with any city, village, fire district or\nincorporated fire company for operation, maintenance, and repair of the\nsame and for the furnishing of fire protection in such district, or\nboth. The contract may also provide for the furnishing of (1) emergency\nservice in case of accidents, calamities or other emergencies in\nconnection with which the services of firefighters would be required and\n(2) general ambulance service subject, however, to the provisions of\nsection two hundred nine-b of the general municipal law. In the event\nthat the fire department or fire company furnishing fire protection\nwithin the district pursuant to contract does not maintain and operate\nan ambulance then a separate contract may be made for the furnishing\nwithin the district of emergency ambulance service or general ambulance\nservice, or both, with any city, village or fire district the fire\ndepartment of which, or with an incorporated fire company having its\nheadquarters outside the district which, maintains and operates an\nambulance subject, however, in the case of general ambulance service, to\nthe provisions of section two hundred nine-b of the general municipal\nlaw, or with an ambulance service, certified or registered pursuant to\narticle thirty of the public health law. Any such contract with any such\nambulance service permitted herein shall be subject to the provisions of\nthis section.\n * NB Effective until April 9, 2031\n * 1. Whenever the town board shall have established or extended a fire\nprotection district pursuant to the provisions of this article, the town\nboard shall provide for the furnishing of fire protection within the\ndistrict and for that purpose may (a) contract with any city, village,\nfire district or incorporated fire company maintaining adequate and\nsuitable apparatus and appliances for the furnishing of fire protection\nin such district or (b) may acquire by gift or purchase such apparatus\nand appliances for use in such district and may contract with any city,\nvillage, fire district or incorporated fire company for operation,\nmaintenance, and repair of the same and for the furnishing of fire\nprotection in such district, or both. The contract may also provide for\nthe furnishing of (1) emergency service in case of accidents, calamities\nor other emergencies in connection with which the services of\nfirefighters would be required and (2) general ambulance service\nsubject, however, to the provisions of section two hundred nine-b of the\ngeneral municipal law. In the event that the fire department or fire\ncompany furnishing fire protection within the district pursuant to\ncontract does not maintain and operate an ambulance then a separate\ncontract may be made for the furnishing within the district of emergency\nambulance service or general ambulance service, or both, with any city,\nvillage or fire district the fire department of which, or with an\nincorporated fire company having its headquarters outside the district\nwhich, maintains and operates an ambulance subject, however, in the case\nof general ambulance service, to the provisions of section two hundred\nnine-b of the general municipal law, or with an ambulance service,\ncertified or registered pursuant to article thirty of the public health\nlaw, which is not organized under the provisions of section two hundred\nnine-b of the general municipal law. Any such contract with any such\nambulance service permitted herein shall be subject to the provisions of\nthis section.\n * NB Effective April 9, 2031\n 1-a. (a) Except as provided in paragraph (b) of this subdivision,\nprior to commencing the negotiation process for such contract with an\nincorporated fire company, the incorporated fire company shall file with\nthe town board a statement itemizing the estimated costs of the\nincorporated fire company attributable to the provision of services\nunder the prospective contract. The estimated costs attributable to the\nprovision of services under the prospective contract itemized in the\nstatement shall include, at a minimum, those, if any, for: supplies;\nmaterials; operation, maintenance and repair of equipment and apparatus;\ninsurance; training; protective clothing, gear and other personnel\ncosts; building rental, maintenance and operation; and a specified\nproportionate share of capital costs. If the fire company is required to\nprepare any of the following documents, copies shall be included with\nthe 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 (b) The provisions of paragraph (a) of this subdivision shall not\napply to the renewal of a contract when the contract is deemed renewed\nin accordance with subdivision four of this section. Upon good cause\nshown, the town board may, by resolution, waive in whole or in part the\nrequirement that the fire company file the statement, and copies of\ndocuments, required by paragraph (a) of this subdivision.\n 2. The contract shall not be entered into until a public hearing has\nbeen held by the town board. Notice of the hearing shall be published at\nleast once in at least one newspaper having general circulation in the\ndistrict. The notice shall specify the time when and place where the\nhearing will be held, and describe in general terms the proposed\ncontract. The first publication shall be at least ten days prior to the\nday specified for the hearing. Before any contract to furnish general\nambulance service by an ambulance service is entered into pursuant to\nthis section, and before any public hearing is conducted as herein\nprovided, the consent of such ambulance service to furnish general\nambulance sevice shall be obtained. Such consent shall be evidenced by a\ncopy of a resolution certified by the secretary of a voluntary ambulance\nservice or the chief executive officer of a professional ambulance\nservice.\n 3. Except as provided in subdivision four of this section, the term of\nthe contract shall be for a definite period of time, but in no event\nshall the term exceed five years. The contract year or years in all such\ncontracts entered into after the year nineteen hundred sixty shall\nterminate on December thirty-first.\n 4. Instead of being for a definite term as provided in subdivision\nthree, the contract may be for an original term of one calendar year or\nless and provide that it shall be deemed renewed on the same basis each\nyear thereafter 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 twentieth day of August\nthat it elects to terminate the contract on December thirty-first in\nthat year. The term of any such contract, including renewals, shall not\nexceed five years, but the contract may provide that there shall be less\nthan four such renewals. If the city, village or fire district, fire\ndepartment or fire company which is to furnish the service under such a\ncontract is not a fully paid department or company, the city, village or\nfire district governing board, upon the request of the department or\ncompany, shall terminate the contract as provided in this subdivision.\nAny such contract may provide that in the month of July of each year in\nwhich such a renewal could occur the town clerk of the town in which the\nfire protection district or the major portion thereof is located shall\nnotify the secretary of the fire department, fire company or ambulance\nservice 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 twentieth day of August\nthat it elects to terminate the contract on December thirty-first in\nsuch year.\n 5. The contract shall specify a definite sum to be paid each year for\nall of the services to be rendered thereunder.\n 6. The amount which is to be paid each year pursuant to any contract\nentered into pursuant to the provisions of this section, together with\nall other expenses necessarily incurred or occasioned by reason of the\nestablishment or extension of the fire protection district, shall be\nassessed and levied upon the taxable property in the district and\ncollected in the same manner, at the same time and by the same officers\nas town taxes are assessed, levied and collected and, when collected,\nthe amount thereof shall be paid to the supervisor of the town. The\nsupervisor shall pay to the city, village, fire district, incorporated\nfire company or ambulance service furnishing such service the amount to\nbe paid each year for the service in one sum or in installments as the\ncontract may provide.\n 7. If a fire protection district shall be situated partly in each of\ntwo or more towns any action which would be taken by the town board in\nthe case of a district situated in only one town shall be taken by the\ntown boards of the several towns acting jointly by a majority vote of\nthe members of each of such town boards, and the notice of public\nhearing required by this section shall be given by the town clerks of\nthe several towns acting jointly.\n 8. 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 (1) amended, (2)\nterminated, or (3) terminated and a new contract may be entered into in\nlieu thereof, if the town board, after such hearing, shall determine, by\nresolution, that it is in the public interest so to do. Such notice\nshall state in general terms the reason why any existing contract is to\nbe amended or terminated, and if a new contract is to be entered into\nthe notice shall also describe the new contract in general terms.\n 9. The term "fire protection," as used in this section, includes\ninspections of buildings and properties in the fire protection district\nfor the purposes specified in and as authorized by sections eight\nhundred seven-a and eight hundred seven-b of the education law,\nsubdivision four of section three hundred three of the multiple\nresidence law, and section one hundred eighty-nine of the town law.\n 10. The provisions of this section shall not be deemed to have amended\nsubdivision two of section two hundred nine-b or section two hundred\nnine-d of the general municipal law, or any other general, special or\nlocal law requiring the consent of a fire department, fire company or an\nemergency rescue and first aid squad to the entering into of a contract\nfor services to be performed by such department, company or squad.\n