N.Y. GMU Law § 209 — New York Code / Act GMU / Article 10 / Section 209
Outside service by local fire departments, companies, ambulance districts and airport crash-fire-rescue units
Status: in_force

§ 209. Outside service by local fire departments, companies, ambulance\ndistricts and airport crash-fire-rescue units. 1. The fire department of\nany city, village or fire district, the fire companies serving territory\noutside of villages and fire districts in any town and the fire\ndepartments of any town which has a town fire department, an ambulance\ndistrict and a county or public authority which operates an airport\ncrash-fire-rescue unit, may answer calls for assistance outside the area\nregularly served and protected by such fire department or fire\ncompanies, ambulance district or crash-fire-rescue unit and may engage\nand participate in fire training programs in territory outside the area\nregularly served and protected by such fire department, fire companies,\nambulance districts or crash-fire-rescue unit. While in the performance\nof their duties under this subdivision, the members of such departments,\ncompanies, districts or crash-fire-rescue units shall have the same\nimmunities and privileges as if such duties were performed within the\narea regularly served and protected by such departments, companies,\ndistricts or crash-fire-rescue units. While responding to a call for\nassistance under this subdivision a city, village, fire district,\nambulance district, town or county or public authority operating an\nairport crash-fire-rescue unit shall be liable for the negligence of\nfirefighters of the city fire department, village fire department, fire\ndistrict fire department, town fire department, ambulance district or\ncrash-fire-rescue unit, respectively, occurring in the performance of\ntheir duties in the same manner and to the same extent as if such\nnegligence occurred in the performance of their duties within the area\nregularly served and protected by such departments, districts or units.\nThe legislative body of any county, city or village, the board of fire\ncommissioners or other governing board of any fire district, ambulance\ndistrict or public authority or the town board of any town in relation\nto the fire companies serving territory outside of villages and fire\ndistricts or in relation to a town fire department, or ambulance\ndistrict, as the case may be, by resolution may restrict such outside\nservice and training to such extent as it shall deem advisable. Any such\nresolution shall continue in effect until amended or repealed by the\nadoption of a subsequent resolution. The officer in charge of any fire\ndepartment or fire company or ambulance district shall be notified\npromptly of the adoption of any such resolution and of any amendment or\nrepeal thereof. In a county, city, or in a village or town, such action\nmay be taken by local law or by ordinance instead of by resolution. As\nused in this section, the terms "fire department", "fire companies",\n"ambulance service" and "crash-fire-rescue unit" shall include all\ncompanies, squads, patrols or other units of such departments, companies\nor units, or volunteer ambulance services organized pursuant to section\none hundred twenty-two-b of this chapter, and the term "assistance"\nincludes the services of firefighting forces, fire police squads,\nambulance services, emergency rescue and first aid squads rendered in\ncase of a fire or other emergency, including stand-by service, to aid\n(1) a fire department or fire company, and (2) owners or occupants of\nproperty, and other persons, whether or not such owners, occupants or\npersons are receiving fire or other emergency service from another fire\ndepartment or fire company or ambulance service. Except as otherwise\nprovided by law in the case of natural disaster emergencies, a call to\nfurnish assistance may be made by any person aware of the peril involved\nand the need for assistance or pursuant to any legally authorized or\nrecognized plan for the furnishing of mutual aid in cases of fire or\nother emergency. The call need not originate in the municipal\ncorporation, district or area liable for the payment of financial\nbenefits in the event of the death or injury of a firefighter or\nambulance or rescue squad member engaged in rendering such assistance.\nThe call may be relayed through one or more persons or mediums of\ncommunication. The provisions of this subdivision shall supersede the\nprovisions of any general, special or local law to the extent that there\nis a conflict between the provisions of this subdivision and such law,\nexcept that if (1) any city had, prior to April fifteenth, nineteen\nhundred fifty, restricted in any manner the fire department of the city\nfrom engaging in service outside the city or (2) any city, village, fire\ndistrict or town has heretofore restricted in any manner a fire\ndepartment or fire company or ambulance service from engaging in service\nor training pursuant to the provisions of this subdivision, such\nrestrictions shall continue in effect until changed pursuant to the\nprovisions of this subdivision.\n  2. Any loss or damage to, or expense incurred in the operation of,\nfire apparatus or other equipment answering a call for assistance from\noutside territory, as provided for in subdivision one of this section or\notherwise, and the cost of any materials used in connection with such\ncall, shall be a charge against and paid by the city, village, fire\ndistrict, ambulance district or by the town in relation to territory in\nthe town located in (1) a fire protection district, (2) a fire alarm\ndistrict, (3) or ambulance district or (4) the territory in the town\noutside of any village, fire district or any such fire protection\ndistrict or fire alarm district, ambulance district, which issued the\ncall for assistance. No such claim, however, shall be allowed unless,\nwithin sixty days after such loss or damage has been sustained, or such\nexpense has been incurred, or such materials have been used, written\nnotice thereof be served by mail or otherwise on the comptroller or\nchief financial officer of the city, the village clerk of the village,\nthe secretary of the fire district, the clerk of the ambulance district\nor the town clerk of the town in relation to the territory in the town\nlocated as aforesaid, from which issued the call for assistance.\n  3. In cities such loss, damage, expense or cost shall be a city charge\nand audited and paid as other city charges. In villages such loss,\ndamage, expense or cost shall be a village charge and shall be audited\nand paid in the same manner as village charges, and shall be assessed\nupon the property liable to taxation in said village, and levied and\ncollected in the same manner as village taxes. In fire districts or\nambulance districts such loss, damage, expense or cost shall be audited\nand paid in the same manner as other fire district or ambulance district\ncharges, and shall be assessed and levied upon the property liable to\ntaxation in such district and collected in the same manner as other fire\nor ambulance district charges. The limitations on fire district\nexpenditures set forth in subdivision eighteen of section one hundred\nseventy-six of the town law shall not be applicable to appropriations or\nexpenditures for the purpose of paying any such loss, damage, expense or\ncost.\n  4. In towns which do not contain a city, village, fire district, fire\nprotection district, ambulance district or fire alarm district, such\nloss, damage, expense or cost shall be a town charge audited and paid in\nthe same manner as town charges. In fire protection districts, fire\nalarm districts, or territory outside of cities, villages, fire\ndistricts, ambulance districts or any such fire protection or fire alarm\ndistrict, such loss, damage, expense or cost shall be a town charge,\naudited and paid in the same manner as town charges, and shall be\nassessed upon the property liable to taxation in such fire protection\ndistrict, fire alarm district or territory outside of cities, villages,\nfire districts, ambulance districts or such fire protection and fire\nalarm districts, as the case may be.\n  5. Provided, however, that nothing contained in this section shall\npreclude a city, village, fire district, ambulance district or town from\nentering into a reciprocal fire protection agreement with the state of\nNew York and the head of any military department of the United States\ngovernment, which agreement shall waive all compensation for any loss,\ndamage, personal injury, or death occurring in consequence of the\nperformance of said reciprocal fire protection agreement. Provided\nfurther, however, that any reciprocal fire protection agreement entered\ninto under the authority of this subdivision may provide for the\nreimbursement for any and all costs incurred by the party issuing the\ncall for assistance.\n