§ 5 — Coverage

§ 5. Coverage. 1. The duties and activities in relation to which\nbenefits shall be paid and provided pursuant to this chapter are:\n a. Necessary travel to, working at, and necessary travel returning\nfrom a fire, alarm of fire, hazardous material incident or other\nemergency to which his fire department, fire company, or any unit\nthereof, either has responded or would be required or authorized to\nrespond, including necessary travel during such work or incidental\nthereto.\n b. While, within the state, personally assisting another fire\ndepartment, fire company, or any unit thereof pursuant to the provisions\nof section two hundred nine-i of the general municipal law, including,\nafter his services have been duly accepted, necessary travel to and\nreturning from such work and necessary travel during such work or\nincidental thereto.\n c. While, within the state and pursuant to orders or authorization,\nperforming duties at the firehouse, or elsewhere, directly related to\n(1) the prevention of fires or other disasters, (2) the investigation of\nfires or other disasters, (3) the inspection of property for fire\nhazards or other dangerous conditions, including necessary travel\ndirectly connected therewith.\n d. While, within this country or in Canada and pursuant to orders or\nauthorization, instructing or being instructed in fire duties, attending\na training school or course of instruction for firefighters, or\nattending or participating in any noncompetitive training program,\nincluding necessary travel directly connected therewith, as well as\nnecessary travel to and necessary travel returning from such activity.\n e. While, within this country or in Canada and pursuant to orders or\nauthorization, attending or participating in any drill, parade, funeral,\ninspection or review in which his fire department, fire company, or any\nunit thereof, is engaged, including necessary travel directly connected\ntherewith, as well as necessary travel to and necessary travel from such\nactivity.\n f. While, within the state and pursuant to orders or authorization,\nattending or working at meetings of his fire department or fire company,\nor any organized unit thereof, at the firehouse or other regular or\nspecial headquarters of the department, company or unit, including\nnecessary travel directly connected therewith other than travel to or\nreturning from such meetings.\n g. While, within the state and pursuant to orders or authorization,\nworking in connection with the construction, testing, inspection, repair\nor maintenance of (1) the firehouse and the fixtures, furnishings and\nequipment thereof, and (2) the fire fighting vehicles, fire apparatus\nand equipment used by the fire department, fire company, or other unit\nthereof, including necessary travel directly connected therewith other\nthan travel to or returning from such work.\n h. While, within the state and pursuant to orders or authorization,\nworking in connection with the construction, testing, inspection, repair\nor maintenance of the fire alarm system, water supply system, fire well,\nfire cistern or fire suction pool, used by the fire department or fire\ncompany, including necessary travel directly connected therewith, as\nwell as necessary travel to and necessary travel from such activity.\n i. While, within this country or in Canada and pursuant to orders or\nauthorization, practicing for, or participating as a contestant or an\nofficial in, any competitive tournament, contest or public exhibition\nconducted for firefighters which is intended to promote the efficiency\nof the fire department, fire company or any unit thereof, including\nnecessary travel directly connected therewith other than travel to and\nreturning from such practice. The actual rendition of fire or other\nemergency service shall not be deemed "practicing" within the meaning of\nthis paragraph.\n j. While, pursuant to orders or authorization, engaged in the\ninspection of fire fighting vehicles and fire apparatus prior to\ndelivery under a contract of purchase, or performing duties in relation\nto the delivery thereof, including necessary travel directly connected\ntherewith, as well as necessary travel to and necessary travel returning\nfrom such activity.\n k. Necessary travel to, work in connection with, and necessary travel\nreturning from a call for general ambulance service by a member of an\nemergency rescue and first aid squad which has been authorized to\nfurnish such service pursuant to section two hundred nine-b of the\ngeneral municipal law, including necessary travel during such work or\nincidental thereto.\n l. While, within this country or Canada and pursuant to orders or\nauthorization, attending a convention or conference of firefighters or\nfire officers or fire district officers as the authorized delegate or\nrepresentative of his or her fire department, fire company or any unit\nthereof, including necessary travel directly connected therewith, as\nwell as necessary travel to and necessary travel returning from such\nactivity.\n m. While, within the state and pursuant to orders or authorization,\nworking in connection with a fund raising activity of his or her fire\ncompany, as defined in subdivision fifteen of section three of this\nchapter including necessary travel directly connected therewith, as well\nas necessary travel to and necessary travel returning from such\nactivity, but shall not include competitive events in which volunteer\nfirefighters are competitors, such as baseball, basketball, football,\nbowling, tugs of war, water-ball fights, donkey baseball, boxing,\nwrestling, contests between bands or drum corps, or other competitive\nevents in which volunteer firefighters are competitors and which involve\nphysical exertion on the part of the competitors.\n n. While, within the state and pursuant to orders or authorization,\nperforming work or service leading or directing a youth program\nestablished pursuant to section two hundred four-b of the general\nmunicipal law, including necessary travel directly connected therewith,\nas well as necessary travel to and necessary travel returning from such\nactivity. This paragraph shall not be interpreted as providing coverage\nfor participants in such youth programs.\n o. While, within the state and pursuant to orders or authorization,\nperforming the duty of pumping out water or any other substance from the\nbasement or other part of a building, including necessary travel\ndirectly connected therewith.\n p. While, within the state and pursuant to orders or authorization,\ninstructing, supervising, being instructed or participating in a\nsupervised physical fitness class, group session or program for the\npurpose of promoting or maintaining the performance of their duties as\nfirefighters, as well as necessary travel to and necessary travel from\nsuch activity, but shall not include competitive sporting events in\nwhich volunteer firefighters are competitors.\n 2. Benefits shall not be paid and provided pursuant to this chapter in\nthe following instances:\n a. Work or service rendered by a volunteer firefighter while on a\nleave of absence pursuant to either section two hundred-b or section two\nhundred-c of the general municipal law, unless such work or service is\nperformed pursuant to subdivision one-a of section two hundred-b or\nsubdivision one-a of section two hundred-c of the general municipal law,\nor pursuant to any other general, special or local law, charter or\nordinance or pursuant to the constitution, by-laws, rules or regulations\napplicable to the fire company or fire department of which he or she is\na member.\n b. Practice for and participation in any recreational, social, or fund\nraising activity other than a fund raising activity for which coverage\nis provided under paragraph m of subdivision one of this section.\n c. Work or service rendered by a volunteer firefighter while suspended\nfrom duty pursuant to section two hundred nine-l of the general\nmunicipal law, article eight of the village law or pursuant to any other\ngeneral, special or local law, charter or ordinance or pursuant to the\nconstitution, by-laws, rules or regulations applicable to the fire\ncompany or fire department of which he or she is a member.\n d. Work or service not rendered as a volunteer firefighter, but\nrendered as an officer, official or employee of a public corporation or\nany special district thereof, whether with or without remuneration, even\nthough by law a requirement for such office, position or employment\nshall be that such officer, official or employee shall have been or must\nbe a volunteer firefighter.\n e. Work or service not rendered as a volunteer firefighter, but\nrendered in the course of his or her employment for a private employer.\n f. Work or service not rendered as a volunteer firefighter, but\nrendered as a civil defense volunteer.\n g. Work, service or activities in which the volunteer firefighter has\nbeen ordered not to participate.\n This subdivision shall not be deemed to enumerate all of the\nactivities engaged in by volunteer firefighters for which mandatory\ncoverage is not provided by this chapter, or to prohibit any of the\nactivities described in this subdivision, or to prevent the securing of\ninsurance pursuant to section four thousand two hundred thirty-seven of\nthe insurance law to cover volunteer firefighters when engaged in\nactivities other than those for which mandatory coverage is provided by\nthis chapter.\n