NY Town L § 176 (2021)
2021 New York Laws TWN - Town Article 11 - Fire, Fire Alarm and Fire Protection Districts 176 - Powers and Duties of Fire District Commissioners.

§  176.  Powers  and duties of fire district commissioners. Subject to law and the provisions of this chapter, the fire district  commissioners of  every  fire  district  shall constitute and be known as the board of fire  commissioners  of  such  fire  district.  Such   board   of   fire commissioners   1.  Shall  elect one of their members as chairman at the first meeting of fire commissioners after such district shall  have  been  established and  annually  thereafter  at  the  first meeting thereof following each election of fire district officers. Such chairman, when  present,  shall preside  at  the  meetings  of  the  board of fire commissioners. In the absence of the chairman the other members may  designate  one  of  their members to act as temporary chairman.   2. Shall appoint a fire district secretary.   2-a. May, notwithstanding the provisions of subdivision two of section one  hundred  seventy-four of this chapter, provide by resolution that a proposition shall be submitted at any  annual  fire  district  election, other  than  one  at  which  a fire district treasurer is required to be elected, determining that the office of fire district treasurer shall be an appointive office in such district. If such proposition  be  approved at such election, the office of fire district treasurer shall thereafter be  an appointive office in such district and no fire district treasurer shall be elected at  the  expiration  of  the  term  of  office  of  the incumbent   elected   fire   district   treasurer.  The  board  of  fire commissioners at its organization meeting shall annually appoint a  fire district treasurer to hold office until the thirty-first day of December next  succeeding  his  appointment.  In  any  fire district in which the office of fire district treasurer has been  made  appointive,  the  fire district  commissioners  shall  designate one of their members to act as temporary chairman at the organization meeting each year until such time as a chairman of the board of fire commissioners shall be chosen.   In any fire district in which the office of  appointed  fire  district treasurer  may  exist,  the  board  of fire commissioners may provide by resolution that a proposition shall be  submitted  at  any  annual  fire district election determining that the office of fire district treasurer shall  be  an  elective  office in such district. If such proposition be approved at such election, the office of fire district  treasurer  shall thereafter  be  an  elective office in such district and a fire district treasurer shall be elected at the next succeeding annual  fire  district election in accordance with the provisions of subdivision two of section one  hundred  seventy-four of this chapter and the term of office of the appointive fire district treasurer for  whom  such  successor  shall  be elected shall expire on the thirty-first day of December next succeeding such annual fire district election.   3.  Whenever  a  vacancy  shall occur in any fire district office, the board of fire commissioners of such  district,  or  a  majority  of  the members  thereof  in  office  may appoint a qualified person to fill the vacancy. If the appointment be made to fill a vacancy in  an  appointive office,  the  person so appointed shall hold office for the remainder of the unexpired term. If the appointment be made to fill a vacancy  in  an elective  office,  the  person  so appointed shall hold office until the thirty-first day of December  next  succeeding  the  first  annual  fire district election held thereafter and at such election a successor shall be  elected for the unexpired portion of the term beginning on the first day of January next succeeding. If a vacancy shall occur in any elective fire district office after the first day of October  in  any  year,  the person  so  appointed  to  fill  the vacancy shall hold office until the thirty-first day of December  of  the  following  calendar  year  and  a successor  shall  be  elected  at the annual fire district election held  immediately prior thereto to serve for  the  unexpired  portion  of  the term;  provided,  however,  that  if a vacancy so occurs in any elective fire district office, the term of which would expire on the thirty-first day  of  December  next  succeeding,  the person so appointed shall hold office only until such thirty-first day of December.   4. Shall require the fire district treasurer, before entering upon the duties of his office, to give an official undertaking,  conditioned  for the  faithful  performance of his duties and that he will well and truly keep, pay over and account for all moneys and property belonging to  the fire district and coming into his hands as such treasurer, in such form, in  such  sum  and with such sureties as the board of fire commissioners shall direct and approve and such approval shall be indicated upon  such undertaking,  and  when  approved such undertaking shall be filed in the office of the town clerk of the town in  which  such  fire  district  is located. If such district is situated in more than one town, a duplicate original   of   such   undertaking,   approved  by  the  board  of  fire commissioners, shall be filed in the office of the town  clerk  of  each town  in which such district is located. The fire district commissioners may by resolution determine that such undertaking shall be executed by a surety company authorized to transact business in the state of New  York and that the expense thereof shall be a charge on the fire district.   4-a.  Shall  audit  all claims against the fire district and shall, by resolution, order the payment thereof by the fire district treasurer  in the  amounts  allowed. Except as otherwise provided by this subdivision, no such claim shall be audited or ordered paid  by  the  board  of  fire commissioners  unless  an itemized voucher therefor, in such form as the board of fire commissioners shall prescribe, shall have  been  presented to the board of fire commissioners for audit and allowance. The board of fire  commissioners may provide by resolution that no such claims may be presented, audited or paid unless they be either  verified  under  oath, or, in lieu of such verification, certified, to be true and correct in a statement signed by or on behalf of the claimant. The provisions of this subdivision  shall  not be applicable to claims for the payment of fixed salaries, compensation for services of officers or  employees  regularly engaged  by  the  fire  district at agreed wages by the hour, day, week, month or year unless so required by resolution  of  the  board  of  fire commissioners  adopted  at  the  organization  meeting  in  the month of January, the principal of or interest on obligations issued by the  fire district,  fixed  amounts  becoming  due  on  lawful  contracts  for the purchase of water for  fire  protection,  and  amounts  which  the  fire district  may  be  required  to  pay  to the state employees' retirement system on account of contributions for  past  and  current  services  of firefighters.   The   board  of  fire  commissioners  may,  further,  by resolution authorize the payment in  advance  of  audit  of  claims  for light,  telephone, postage, freight and express charges. All such claims shall be presented at the  next  regular  meeting  for  audit,  and  the claimant  and  the  officer  incurring  or  approving  the same shall be jointly and severally liable for any amount disallowed by the  board  of fire commissioners.   4-b.  Any fire commissioner, secretary or treasurer of a fire district may administer any necessary oath in any matter or  proceeding  lawfully before him, or in connection with any paper to be filed with him as such officer.   4-c.  Notwithstanding  the  provisions  of  subdivision four-a of this section, may by resolution establish a petty  cash  fund  for  the  fire district  treasurer  for  the  payment, in advance of audit, of properly itemized and verified or certified  bills  for  materials,  supplies  or services  furnished  to the fire district for the conduct of its affairs  and upon terms calling for payment to the vendor upon  the  delivery  of any  such  materials  or supplies or the rendering of any such services. The amount of such petty cash fund shall not exceed  two  hundred  fifty dollars.  At the time of any payment from such fund, the treasurer shall require delivery to him of a bill in form sufficient for  audit  by  the board  of  fire commissioners as required by law. At each meeting of the board of fire commissioners a list of all expenditures  made  from  such fund  since  the  last  meeting  of  the  board, together with the bills supporting such expenditures, shall be presented by the treasurer to the board of fire commissioners for audit. The board of  fire  commissioners shall  direct  the  treasurer to reimburse such petty cash fund from the appropriate budgetary item or items, in an amount equal to the total  of such  bills  which it shall so audit and allow. Any of such bills or any portion of such bills which the board of fire commissioners shall refuse to audit and allow shall be the personal liability of the treasurer  and he  shall  promptly reimburse such petty cash fund in the amount of such disallowances. If such reimbursement has not been made by  the  time  of the  first  payment  of  salary to the treasurer after the action of the board of fire commissioners in disallowing an amount so  expended,  such amount  shall be withheld from such salary payment to the treasurer and, if necessary, subsequent salary payments and paid into such  petty  cash fund  until  an amount equal to the amount so disallowed in the audit of the board of fire commissioners has been repaid to the petty cash  fund. Any bond or undertaking filed by the treasurer shall be available to the fire  district  for  recovery  of  any  losses incurred by reason of the operation of such petty cash fund.   5. Shall cause a map to be prepared showing the  exact  boundaries  of the  fire  district.  If  such  map  indicates  boundary  lines that are contiguous with an adjacent fire district or fire districts,  then  such adjacent  fire district or fire districts shall be given written notice, by certified mail, return receipt requested, addressed to the  secretary of  such  fire  district,  of the intention to file a fire district map, together with a copy of such map. Such  notice  shall  be  sent  by  the secretary  of  the fire district preparing such map. If an adjacent fire district objects to the location  of  a  boundary  line  affecting  such adjacent  fire  district,  then within forty-five days of the receipt of such notification and map, such objections shall be filed with the  fire district  secretary of the fire district proposing such map and with the town clerk of each town in which any  part  of  such  fire  district  is located.  If  such  map  does not indicate any boundary lines contiguous with an adjacent fire district or fire districts, then a certified  copy of  such  map  shall be filed by the secretary of the fire district with the town clerk of each town in which any part of the  fire  district  is located  for  approval by the town board and, when so approved and filed by the secretary of the fire district, in the office of the  town  clerk and  filed  by  the  secretary of the fire district in the office of the county clerk in which said fire district or any part  thereof  shall  be located,  shall constitute presumptive evidence of the boundaries of the fire district. If  such  map  indicates  any  boundary  lines  that  are contiguous  with  an adjacent fire district, such map shall be submitted by the secretary of the fire district to the town clerk of each town  in which  any  part of the fire district is located, together with proof of service upon such adjacent fire  district  or  fire  districts  of  such proposed map, and that more than forty-five days have elapsed since such service  was  made.  In  addition, if objections have been filed, then a verified statement  either  amending  the  proposed  map  to  meet  such objections  or denying such objection in whole or in part, shall also be filed. If the objections are denied, the town board in which  town  such  disputed  boundary  line  is located shall, within thirty days after the submission of  all  proofs,  objections  and  denials,  cause  the  town engineer, if there be one, or, if not, hire a licensed land surveyor, to survey  the boundary line or lines. If the disputed line or lines lie in more than one town, the town boards, acting jointly by a  majority  vote of  the members of each such town shall determine which town engineer or licensed land surveyor shall survey the boundary line or lines. The cost of this survey, if any, shall be borne equally  by  the  fire  districts involved. Upon receipt by the town board or town boards of the survey of the  disputed  boundary line or lines, each involved fire district shall be immediately notified  by  the  town  clerk  or  town  clerks.  If  no objections  are  served  upon  the town clerk or clerks by adjacent fire districts within sixty days of  receipt  of  such  notification  or  the boundary  line  or  lines  have  been  adjusted to meet objections, then thereafter and within twenty days, the town board or town boards if  one disputed  line  or  lines lie in more than one town shall cause a public hearing to be held, at which hearing owners  of  real  property  in  the affected  area  shall  be  given  an  opportunity  to be heard. Upon the conclusion of said public hearing, the town board  shall  determine  the disputed  line  or  lines, and if the disputed line or lines lie in more than one town, the town boards acting jointly by a majority vote of  the members  of  each  such  town board shall determine the disputed line or lines and a copy of such map, as finally approved by the town  board  or town  boards,  shall  be filed in the office of the town clerk or clerks and certified copy shall be filed in the office of the county  clerk  in which  said fire district or any part thereof shall be located. Such map shall then constitute presumptive evidence of the boundaries of the fire district. The town clerk shall notify each affected fire district of the filing of such map in such town clerk's office or  offices  and  in  the office  of the county clerk. The town clerk or clerks shall also publish a notice of the filing of said map in the official paper of the town  or towns.  Any  fire  district  believing  itself  aggrieved  or  aggrieved property owner may within thirty days  of  receipt  of  notification  or publication  commence  an appropriate proceeding in the supreme court of the state of New York, in accordance with article seventy-eight  of  the civil  practice law and rules, naming the involved fire district and the town board or boards as respondents. All fire district  maps  heretofore approved  by  the  town board of each town in which any part of the fire district is located and which map was filed in the office of  the  clerk of  each  town  in  which said fire district is located and filed in the office of the county clerk in which  said  fire  district  or  any  part thereof  is located, prior to the first day of January, nineteen hundred eighty-one, shall continue to be presumptive evidence of the  boundaries of such fire district.   6.  Shall  give  notice  of annual elections in the manner provided in this article.   7. Shall require that candidates for district offices file their names with the secretary of the fire district at least twenty  days  prior  to the  date of such fire district elections and in addition may provide by resolution  that  such  nominations  be  submitted  in   petition   form subscribed  by  twenty-five qualified voters of the district. Thereafter the ballots prepared for the election of fire  district  officers  shall specify  the  names of the candidates duly filed and in addition provide proper blank spaces for each office to be filled at  such  election.  If any  such resolution shall be adopted, the requirements thereof shall be specified in the notice of each fire district election held  thereafter. The  board of fire commissioners may rescind such resolution at any time  and thereafter fire district officers  shall  be  elected  as  otherwise provided herein.   8.  Shall appoint officials for fire district elections as provided in section one hundred seventy-five of this chapter  and  may  provide  for their compensation pursuant to such section.   9. Shall have the power to make any and all contracts for the purposes herein authorized within the appropriations approved by the taxpayers of the district or within the statutory limitations specified herein.   10.   May  organize,  operate,  maintain  and  equip  fire  companies, including the purchase of uniforms to be used by  the  members  of  such companies, and provide for the removal of such members for cause.   11.  May  adopt rules and regulations governing all fire companies and fire departments in said district and  prescribing  the  duties  of  the members  thereof  and  enforce discipline and provide for public drills, parades, funerals, inspections and reviews of  the  fire  district  fire department,  or any company or unit thereof, within the fire district or at other places within the state, any adjoining state or in Canada. Such rules and regulations shall not authorize any member  of  the  board  of fire  commissioners  to  interfere  with  the  duties  of  the  chief or assistant chief at such times as the fire department or any  company  or squad thereof is on duty.   11-a.  The  members  of the fire department of the fire district shall meet at a time and place designated by the board of  fire  commissioners on  the  Thursday  following the first Tuesday in April of each year and nominate persons for the offices of chief and such assistant  chiefs  as may be provided for in the rules and regulations adopted by the board of fire commissioners. If the Thursday following the first Tuesday in April falls  upon  a  day  of  special religious observance, the board of fire commissioners may designate  any  other  weekday  in  April  after  such Thursday  as the day upon which to hold such meeting. Each nominee shall be a member of the fire department.  In  addition,  the  board  of  fire commissioners  may  by  resolution  require that any or all of such fire department officers  shall  be  residents  of  the  fire  district.  All nominations  shall  be made by ballot. The person acting as secretary of such meeting shall  promptly  notify  the  fire  district  secretary  in writing  of  such  nominations.  The  board of fire commissioners at its meeting next succeeding the making of such  nominations  shall  consider the  same  and  shall  appoint such persons to the offices to which they have been respectively nominated or, if a nomination is not approved the board of fire commissioners shall call another meeting of the members of the fire department at which a new nomination shall be made to take  the place  of  any  nomination  not approved, which procedure shall continue until a full set of officers is approved. Any such person  shall  assume the duties of his office as soon as he has been appointed thereto by the board  of  fire  commissioners  and  shall  serve until his successor is appointed. A person who has been convicted of arson in any degree  shall not be eligible for nomination, election or appointment to the office of fire  department  chief or assistant chief. Any fire department chief or assistant chief who is convicted of arson in any degree during his  term of office shall be disqualified from completing such term of office.   11-b.  The  members  of  the  fire  department at a regular or special meeting of the department held after the month of April but prior to the month of November in any year may adopt a resolution  recommending  that future  meetings for the nomination of the chief and assistant chiefs be held in December, either on the first Thursday, the first Saturday,  the Thursday  following  the first Tuesday, the Saturday following the first Tuesday, the Thursday following the  second  Tuesday,  or  the  Saturday following the second Tuesday in such month, instead of April as provided  in  subdivision  eleven-a  of this section. Provided, however, the Davis Park fire department may adopt a resolution to hold future meetings, for nomination of  chief  and  assistant  chiefs,  on  the  last  Sunday  in September; the Caton fire district may adopt a resolution to hold future meetings,  for  nominations of chief and assistant chiefs, on the second Tuesday in December; the  Cherry  Grove  fire  department  may  adopt  a resolution  to  hold  future  meetings,  for nomination of the chief and assistant chiefs, on the third  Saturday  in  September;  and  the  Fair Harbor  fire  department may adopt a resolution to hold future meetings, for nomination of the chief and assistant chiefs, on the third Sunday in September. The notice or call for such meeting shall specify that such a resolution will be offered to be voted upon at  such  meeting.  If  such resolution  is adopted, the board of fire commissioners may adopt a rule or regulation providing that future meetings for the nomination of chief and assistant chiefs shall be held in  December,  either  on  the  first Thursday,  the first Saturday, the Thursday following the first Tuesday, the Saturday following the first Tuesday,  the  Thursday  following  the second Tuesday, the Saturday following the second Tuesday in such month, the  last  Sunday  in  September  in the Davis Park fire department, the second Tuesday in  December  in  the  Caton  fire  district,  the  third Saturday  in September in the Cherry Grove fire department, or the third Sunday in September in the Fair Harbor fire department, as specified  in the  fire  department  resolution,  instead  of  April  as  provided  in subdivision eleven-a of this section. Each nominee shall be a member  of the fire department. In addition, the board of fire commissioners may by resolution  require  that  any  or  all of such fire department officers shall be residents of the fire district. All nominations shall  be  made by ballot. The person acting as secretary of such meeting shall promptly notify  the  fire district secretary in writing of such nominations. The board of fire commissioners at its organization meeting in the month  of January  next  succeeding  the making of such nominations shall consider the same and shall appoint such persons to the  offices  to  which  they have been respectively nominated or, if a nomination is not approved the board of fire commissioners shall call another meeting of the members of the  fire department at which a new nomination shall be made to take the place of any nomination not approved,  which  procedure  shall  continue until  a  full set of officers is approved. Any such person shall assume the duties of his office as soon as he has been appointed thereto by the board of fire commissioners and  shall  serve  until  his  successor  is appointed.  A person who has been convicted of arson in any degree shall not be eligible for nomination, election or appointment to the office of fire department chief or assistant chief. Any fire department  chief  or assistant  chief who is convicted of arson in any degree during his term of office shall be disqualified from completing such term of office.   If the date of meetings for the  nomination  of  chief  and  assistant chiefs  is  changed  from April to September or December pursuant to the foregoing provisions of  this  subdivision,  the  members  of  the  fire department  at a regular or special meeting of the department held after the month of April but prior to the month of November in  any  year  may adopt  a resolution recommending that future meetings for the nomination for such officers shall be held in April pursuant to the  provisions  of subdivision  eleven-a  of  this section. The call for such meeting shall specify that such a resolution will be offered to be voted upon at  such meeting.   If   such   a  resolution  is  adopted,  the  board  of  fire commissioners may adopt a  rule  or  regulation  providing  that  future meetings  for the nomination of chief and assistant chiefs shall be held in April pursuant to the provisions  of  subdivision  eleven-a  of  this  section and that the provisions of such subdivision eleven-a shall again become applicable.   11-c. May adopt a resolution to employ paid firefighters and paid fire officers  including but not limited to a paid chief of the fire district department, provide for their powers and duties, determine the chain  of command   in   the   fire  department  as  between  volunteer  and  paid firefighters, determine that paid chief and/or any other  paid  officers shall  have  charge of apparatus and other equipment, and determine that the volunteer firefighters and volunteer officers of the fire department shall act under the orders and control of such paid fire  officers.  The board  of  fire  commissioners  may adopt a resolution to appoint a paid chief of the fire  district  department  only  after  holding  a  public hearing  prior  to  adopting such resolution. The notice of such hearing shall be published and posted and such hearing  shall  be  held  in  the manner provided in section one hundred seventy-one of this article for a hearing  upon  the  establishment  of  a fire district. The notice shall state the reason for the  hearing  including  but  not  limited  to  the proposed employment of and proposed salary for the paid chief.   12.  May  contract  for  a  supply  of  water  and for the furnishing, erection, maintenance, care and replacement of fire hydrants,  including the  erection  and  maintenance of markers therefor, and removal of snow and ice to provide access thereto, for fire purposes for  a  period  not exceeding  five  years  without  any  appropriation vote therefor by the qualified voters of such district.   12-a. In order to provide a supply of water for firefighting  purposes for  any  area  of  a  fire district which does not have an adequate and available supply or  which  cannot  be  suitably  supplied  by  contract pursuant  to  subdivision  twelve  of  this  section,  (1)  may purchase permanent or temporary rights to take water from  cisterns,  wells,  and bodies of water and water-courses within the fire district, or may lease such  rights,  and  (2)  may purchase, construct or lease, and maintain, fire suction pools in bodies of water and water-courses,  fire  cisterns and  fire  wells,  including  necessary pipes, pumps, hydrants and other facilities in connection therewith, and may purchase and lease necessary real property and rights in land  and  water  therefor.  The  water  and improvements shall be used for fire-fighting purposes only and the water shall  not be sold. The fire suction pools, fire cisterns and fire wells shall be fenced or covered to prevent trespass by children and  domestic animals. Any such improvement shall be located upon real property within the  fire district which is owned or leased by the fire district or upon which an easement has been acquired by the fire  district,  except  such portions  of  the  improvement  which  are  located within the bounds of public highways, roads or streets with the consent of the state or local official charged with the supervision of the highway,  road  or  street. The  board  of  fire commissioners may purchase insurance to protect the fire district from liability for damage to persons or property resulting from the maintenance of any such improvement by the fire  district.  If, after proceeding pursuant to this subdivision, an adequate and available supply  of  water  for fire-fighting purposes becomes available for such area or if a suitable  supply  may  be  obtained  therefor  by  contract pursuant  to  subdivision  twelve  of  this  section, the fire district, nevertheless, may continue to act pursuant to this subdivision.   13.  May  purchase  or  lease  apparatus   and   equipment   for   the extinguishment  and  the  prevention  of  fires  and for the purposes of emergency rescue and first aid and fire police squads.   14. For the preservation, protection and storing of fire apparatus and equipment and for the social and recreational use  of  the  firefighters and  residents of the district and for any of the purposes authorized by  law, may acquire by purchase, lease, gift, devise  or  by  condemnation, real  property  and  erect,  construct, alter, repair and equip suitable buildings, and may furnish necessary supplies for such purposes, and may lease portions thereof not required for fire district purposes. All real property  required  by  any  fire district for any purpose authorized by this article shall be deemed to be required for public use  and  may  be acquired by such fire district.   15.  May  construct and maintain an adequate fire alarm system in said district.   16. May contract to provide outside of  the  fire  district  (1)  fire protection,  (2)  emergency  service in case of accidents, calamities or other emergencies, or (3) general  ambulance  service  pursuant  to  the provisions  of  section two hundred nine-b of the general municipal law, upon such terms as the board of fire commissioners may determine proper, provided that such service can be supplied without undue hazard  to  the fire  district  furnishing  the service. Whenever the fire department or fire company of a fire district provides any  such  service  to  outside territory  pursuant  to  a  contract,  as  aforesaid,  the board of fire commissioners of such fire district may pay to the  fire  department  of such  fire  district,  or  to any fire company or companies of such fire district, performing the service, such portion of the contract price  as such  board  may deem proper, but not in any event to exceed thirty-five per centum of such contract price. The amount received pursuant  to  any such  contract may be expended without being included in the amount that may be expended annually without the adoption of a proposition  therefor as  provided  in  subdivision  numbered  eighteen of this section and in section one hundred seventy-nine of this chapter.   17. May employ an attorney to counsel and assist in the  discharge  of its  official  duties  and  give it such professional services as it may require in conducting or defending any action or legal  proceedings.  If the  town attorney shall be so employed he shall receive, in addition to his salary as town attorney, such compensation from the fire district as shall be agreed upon between the commissioners of the fire district  and such   town   attorney,   notwithstanding   the  provisions  of  section twenty-seven of this chapter.   18. May, without the adoption of a proposition, expend from  the  fire district revenues for any fiscal year amounts appropriated for  (1)  the payments under contracts made pursuant to subdivisions twelve and twenty-two of this section,  (2) the payments required under a lease to provide a supply  of  water for fire fighting purposes entered into pursuant to subdivision twelve-a of this section,  (3)  the  payment  of  the  principal  of  and interest on bonds, bond anticipation notes and capital notes issued by the  fire  district,  and budget notes issued pursuant to the provisions of subdivisions five, six and  seven of paragraph a of section 29.00 of the local finance law, and interest on tax anticipation notes issued pursuant to the provisions  of paragraphs c-1 and c-2 of section 24.00 of the local finance law,  (4)  the  compensation of paid fire district officers, fire department officers, firefighters and other paid personnel of the fire department,  (5) contributions to the New York state employees'  retirement  system and  the  New  York state and local police and fire retirement system on account of past and current services of paid fire district officers  and employees, including the paid officers, firefighters and other personnel of the fire department,  (6)  an assessment, charge, share or other payment required to be paid as the result of the participation by the fire district  in  any  county  self-insurance  plan  under  article  five of the workmen's compensation law,  (7)  the  cost  of  insurance  secured  to indemnify the fire district against liability for benefits or compensation required to  be  paid  or furnished  under  or pursuant to the volunteer firefighters' benefit law and workers' compensation law, or for the payment  of  the  benefits  or compensation  required to be paid or furnished under or pursuant to such laws by a fire district which is a self-insurer under such laws, to  the extent  that  such  benefits and compensation have not been recovered in such fiscal year under section twenty  of  the  volunteer  firefighters' benefit law or section twenty-nine of the workers' compensation law,  (7-a)  the  payment  required  annually  to  fund  service  awards  to volunteer firefighters made pursuant to article eleven-A of the  general municipal law,  (8)  the  cost  of  blanket  accident  insurance  purchased  under the provisions of section four thousand  two  hundred  thirty-seven  of  the insurance  law  to insure volunteer firefighters against injury or death resulting from bodily injuries sustained by  such  firefighters  in  the performance of their duties,  (9) medical, surgical, hospital or other care or treatment and medical inspections  required  in  connection  with  the disability of paid fire department personnel pursuant to section  two  hundred  seven-a  of  the general municipal law, to the extent, if any, that such charges will not be  paid by an insurance carrier or county self-insurance plan under the workmen's compensation law or have not been  recovered  in  such  fiscal year under such section two hundred seven-a or under section twenty-nine of the workmen's compensation law,  (10)  employer's  contributions  for  old  age and survivors insurance coverage under article three of the retirement and social security law,  (11) the payment of the principal  of  and  interest  on  indebtedness evidenced  by  tax anticipation notes issued pursuant to subdivision one of paragraph d of section 24.00 of the local finance law in relation  to newly-created  fire  districts  under  subdivision  twenty-six  of  this section, and  (12)  the  payment  of  compromised   claims   and   judgments   under subdivisions twenty-eight and thirty of this section;  (13)  the  cost  of  insurance  secured to indemnify the fire district against liability arising out of the  ownership,  use  or  operation  of motor vehicles owned by the fire district; and  (14)   the   payment  of  monetary  rewards  pursuant  to  subdivision thirty-one of this section.  (15) the cost of  fuel  for  the  fire  district  emergency  vehicles, including fuel tax carry-overs.  (16)  the  cost  of  audits  required  pursuant to section one hundred eighty-one-a of this article.  (17) the cost of insurance secured  to  indemnify  the  fire  district against liability for benefits required to be paid or furnished pursuant to  the  enhanced  cancer  disability benefit established in section two hundred five-cc of the general municipal law,  or  for  the  payment  of benefits required to be paid or furnished pursuant to such law by a fire district which is a self-insurer under such law. In addition to such expenditures, the board of fire commissioners of any fire  district  may,  without  the  adoption  of a proposition therefor, expend from the first district revenues for any fiscal year for purposes authorized by or pursuant to law not to exceed two thousand dollars  and in  districts  having a full valuation of real property taxable for fire district purposes in excess of one million dollars an additional  amount equivalent to one mill for each dollar of full valuation of taxable real  property  in  excess  of  the first million dollars of full valuation of such taxable real property. Such full valuation shall, for the  purposes of  this  subdivision, be computed by dividing the assessed valuation of the  real property subject to taxation by the fire district, as shown on the assessment roll for the fire district which  was  completed  in  the second  calendar  year  prior  to that in which the expenditure is to be made, by the town equalization rate established for  such  roll  by  the state  board  of  equalization  and  assessment. Where, in the case of a newly-created fire district, there is no such completed assessment  roll for  such  fire  district,  full  valuation shall be determined from the assessment roll  upon  which  the  real  property  included  within  the district  was  assessed for town purposes and which was completed in the second calendar year prior to that in which the  expenditure  is  to  be made.  In  any  fire district the foregoing limitations provided in this subdivision may be exceeded if a proposition has been  adopted  pursuant to  paragraph (d) of subdivision one of section one hundred seventy-nine of this chapter.   The foregoing limitations on expenditures shall not be  applicable  to the  proceeds  of  a  contract for fire department services entered into pursuant to the provisions of subdivision sixteen of  this  section  and such  proceeds may be expended for purposes authorized by or pursuant to law.   The foregoing limitations on expenditures shall not be  applicable  to appropriations   to   or   expenditures  from  a  repair  reserve  fund, contingency and tax stabilization reserve fund,  capital  reserve  fund, debt  stabilization  fund, workers' compensation reserve fund, mandatory reserve fund, unemployment  insurance  reserve  fund  or  liability  and casualty  reserve  fund  established  pursuant to sections six-d, six-e, six-g, six-h, six-j, six-l, six-m and six-n  of  the  general  municipal law,  or  to  the  use  of  the income and capital gains realized on the investments of the assets of such funds.   The foregoing limitations on expenditures shall not be  applicable  to the  use  of  premiums  from  the sale of fire district obligations, the unexpended portion of the proceeds of  fire  district  obligations,  the income  and  capital  gains  realized on the temporary investment of the proceeds, inclusive  of  premiums,  of  fire  district  obligations,  as provided in section 165.00 of the local finance law.   The  foregoing  limitations on expenditures shall not be applicable to the use of the proceeds of a gift or gifts given to a fire district, and such proceeds may be expended for purposes authorized by or pursuant  to law.   The  provisions of this subdivision shall not be deemed to prevent the issuance of bonds, bond anticipation  notes,  capital  notes  or  budget notes  to  finance any object or purpose for which the fire district may expend money.   The foregoing limitation on expenditures shall not  be  applicable  to the  use  of  insurance proceeds received for the loss, theft, damage or destruction of real or personal property when proposed  to  be  used  or applied  to  repair  or  replace  such  property.  Such  proceeds may be appropriated by resolution of the board of  fire  commissioners  at  any time for such objects and purposes.   The  foregoing  limitation  on expenditures shall not be applicable to contributions to the state's unemployment insurance fund on  account  of salaries  paid  to  fire  district officers and employees, including the paid officers, firefighters and other personnel of the fire department.   18-a. May employ such persons as may be necessary  to  effectuate  the objects  and  purposes  of the district. Persons may be employed as paid firefighters, however, only after a public hearing in relation  to  such  employment.  Any  such  hearing  shall  be  held  by  the  board of fire commissioners and the notice of the hearing shall state  the  time  when and  place in the district where the hearing will be held, the number of paid firefighters to be employed and the total annual amount to be spent for  the salaries or other compensation of such firefighters. The notice shall be published in the official newspaper of the  district  at  least once not more than twenty nor less than ten days before the hearing.   19. Shall have the exclusive management and control of the property of the  fire  district  and may insure the same against loss or damage from any risk whatsoever and may contract at the expense of the district  for insurance indemnifying the district, its officers, agents, employees and the members of all fire companies against any loss arising from injuries to  persons  or  property  through the operation and maintenance of such fire district and the performance of the duties thereof and  insure  the members  of  the fire department of the district against injury or death in the performance of their duties, or both.   20. May grant or withhold its consent  to  the  formation  of  a  fire corporation  which  intends to operate within the territory of such fire district, pursuant to subdivision (f) of section four  hundred  four  of the not-for-profit corporation law.   21.  Shall  have  and  exercise all the powers conferred upon the fire district and such additional powers  as  shall  be  necessarily  implied therefrom.   22.  (a) May contract for the furnishing of fire protection within the fire district with any city, village,  fire  district,  or  incorporated fire  company  having  its  headquarters  outside such fire district and maintaining adequate and  suitable  apparatus  and  appliances  for  the furnishing  of  fire  protection  in such district; provided there is no fire company maintaining its headquarters in said district  or  provided the  fire  department  of said district is, in the judgment of such fire commissioners, unable to render adequate and prompt fire  protection  to such district or any area thereof. The contract also may provide for the furnishing  of (i) emergency service in case of accidents, calamities or other emergencies in connection with which the services of  firefighters would  be  required and (ii) general ambulance service subject, however, to the provisions of section two hundred nine-b of the general municipal law. In the event that the fire department or  fire  company  furnishing fire  protection  within  the  district  pursuant  to  contract does not maintain and operate an ambulance and provision has not  otherwise  been made  for  ambulance  service  for  the area of the district pursuant to section one hundred twenty two-b of the general  municipal  law  then  a separate  contract may be made for the furnishing within the district of emergency ambulance service or general ambulance service, or both,  with any city, village or fire district the fire department of which, or with an  incorporated  fire  company  having  its  headquarters  outside  the district which, maintains and operates an ambulance subject, however, in the case of general ambulance service, to the provisions of section  two hundred nine-b of the general municipal law.  (b)(i)  Except  as  provided  in  subparagraph (ii) of this paragraph, prior to commencing the negotiation process for such  contract  with  an incorporated fire company, the incorporated fire company shall file with the  board  of  fire  commissioners  a statement itemizing the estimated costs of the incorporated fire company attributable to the provision  of services   under   the   prospective   contract.   The  estimated  costs attributable to the provision of services under the prospective contract itemized in the statement shall include, at a minimum,  those,  if  any, for: supplies; materials; operation, maintenance and repair of equipment and  apparatus; insurance; training; protective clothing, gear and other  personnel costs; building  rental,  maintenance  and  operation;  and  a specified  proportionate  share of capital costs. If the fire company is required to prepare any of the  following  documents,  copies  shall  be included with the statement:  (1) the fire company's most recent annual report of directors pursuant to section five hundred nineteen of the not-for-profit corporation law;  (2)  the  fire  company's most recent verified certificate pursuant to subdivision (f) of section fourteen hundred two  of  the  not-for-profit corporation law;  (3)  the fire company's most recent internal revenue service form 990; and  (4) the fire company's most recent annual report pursuant  to  section thirty-a of the general municipal law.  (ii)  The  provisions  of subparagraph (i) of this paragraph shall not apply to the renewal of a contract when the contract is  deemed  renewed in  accordance  with  paragraph (e) of this subdivision. Upon good cause shown, the board of fire commissioners  may,  by  resolution,  waive  in whole  or  in  part  the  requirement  that  the  fire  company file the statement, and copies of documents, required by subparagraph (i) of this paragraph.  (c) The contract shall not be entered into until a public hearing  has been  held  by  the  board  of fire commissioners. Notice of the hearing shall be published at least  once  in  at  least  one  newspaper  having general  circulation  in the district. The notice shall specify the time when and place where the hearing will be held, and describe  in  general terms  the  proposed contract. The first publication thereof shall be at least ten days prior to the day specified for the hearing.  (d) Except as hereinafter provided, the term of the contract shall  be for  a  definite  period  of time, but in no event shall the term exceed five years. The contract year or years in  all  such  contracts  entered into  after  the year nineteen hundred sixty shall terminate on December thirty-first.  (e) Instead of being for a definite term as hereinabove provided,  the contract  may  be  for an original term of one calendar year or less and provide that it shall be deemed renewed on  the  same  basis  each  year thereafter  for  a  further  term  of one full calendar year without any further public hearing unless  one  of  the  contracting  parties  shall notify the other in writing on or before the first day of August that it elects  to terminate the contract on December thirty-first in that year. The term of any such contract, including renewals, shall not exceed five years, but the contract may provide that there shall be less  than  four such  renewals. If the city, village or fire district fire department or fire company which is to furnish the service under such  a  contract  is not  a  fully  paid  department  or  company,  the city, village or fire district governing board upon the request of the department or  company, shall terminate the contract as provided in this paragraph. Any contract entered into pursuant to this paragraph may provide that in the month of July  of each year in which such a renewal could occur the fire district secretary shall notify the secretary of  the  fire  department  or  fire company  which  is  to  furnish  the service under the contract that the contract shall be deemed renewed on the same basis for  a  further  full term  of  one  calendar year unless one of the contracting parties shall notify the other in writing on or before the first day of August that it elects to terminate the contract on December thirty-first in such year.  (f) The contract shall specify a definite sum to be paid each year for all of the services to be rendered thereunder and may provide that  such amount shall be paid in one sum or in installments.  (g)  By  mutual consent of the contracting parties, and after a public hearing held pursuant to  notice  in  the  manner  aforesaid,  any  such contract  heretofore  or  hereafter  executed  may  be (i) amended, (ii) terminated, or (iii) terminated and a new contract may be  entered  into in lieu thereof, if the board of fire commissioners, after such hearing, shall  determine  by resolution, that it is in the public interest so to do. Such notice shall state in general terms the reason why any existing contract is to be amended or terminated, and if a new contract is to  be entered  into the notice shall also describe the new contract in general terms.  (h) The term "fire protection", as used in this subdivision,  includes inspections  of  buildings  and  properties in the fire district for the purposes specified in and as authorized by section eight hundred seven-a of the education law, subdivision four of section three hundred three of the multiple residence law, and section one hundred eighty-nine  of  the town law.  (i)  The  provisions  of  this subdivision shall not be deemed to have amended subdivision two of section two hundred  nine-b  or  section  two hundred  nine-d  of  the  general  municipal  law, or any other general, special or local law requiring the consent of a  fire  department,  fire company  or an emergency rescue and first aid squad to the entering into of a contract for services to be performed by such  department,  company or squad.   23. May sell or otherwise dispose of real and personal property of the district  no  longer  necessary for any of its uses or purposes if, when and in the manner and to the extent authorized so to do in a proposition which is duly submitted and adopted or approved at a special  or  annual fire  district  election  in  the manner provided by section one hundred seventy-nine of this article for voting upon appropriations, except that if a proposition shall be submitted pursuant to the provisions  of  said section  for  the  purchase  of  apparatus  or if a proposition shall be submitted pursuant to the local finance law for the approval of  a  bond resolution or a capital note resolution for obligations to be issued for the  purchase  of apparatus, such proposition may specify that apparatus or equipment owned by the district or the proceeds of the  sale  thereof is to be used in part payment for new apparatus and the adoption of such proposition  shall  authorize the sale or such other disposition of such apparatus or equipment, or if apparatus or equipment is to be  purchased without  the  submission  of  a  proposition  as  aforesaid apparatus or equipment owned by the district may be used  as  part  payment  for  new apparatus  or  equipment without the adoption of a proposition therefor, and except also that the board of fire commissioners  may  at  any  time sell  or otherwise dispose of real and personal property of the district no longer necessary for any of its uses or purposes if  valued  at  less than one hundred thousand dollars but not below twenty thousand dollars, if,  when  and  in the manner and to the extent authorized so to do in a resolution which shall be subject to a permissive referendum governed in the manner provided in subdivision seven of section six-g of the general municipal law and except also that the board of fire  commissioners  may at  any  time sell or otherwise dispose of real and personal property of the district no longer necessary for any of its uses or purposes without the adoption of a proposition therefor if the value  of  such  real  and personal property does not exceed the sum of twenty thousand dollars.   23-a.  Shall  award all contracts for public work and, except when the office of director of purchasing has been established and a director  of purchasing  shall  have  been  appointed  and  qualified,  all  purchase contracts to the lowest responsible bidder after advertisement for  bids where  so required by section one hundred three of the general municipal  law. In any case of a purchase from a manufacturer of  a  motor  vehicle used  for  fighting  fires,  whether  or not including apparatus used in connection  with  such  motor  vehicle,  having  a  period  of  probable usefulness  of  ten  years  as  determined by section 11.00 of the local finance law, advertisement for sealed bids may be made and the  purchase contract  may  be  awarded for such motor vehicle and apparatus with the provision, if the board of fire commissioners  shall  so  specify,  that progress  payments  be  made to the manufacturer as the motor vehicle or apparatus or both progresses, provided that evidence satisfactory to the board of fire commissioners as to the progress of such work be  produced with  each  request  by  the  manufacturer  for  a progress payment, and further provided that such progress payments shall not  exceed  four  in number  and  that at least twenty-five per cent of the contract price of the motor vehicle or apparatus or both be withheld by the board of  fire commissioners  until  such  motor  vehicle  or  apparatus  or  both  are delivered to and accepted  by  the  board  of  fire  commissioners,  and further  provided  that  every  such  contract  providing  for  progress payments shall be accompanied by a surety bond  of  a  property/casualty insurance  company,  as  defined  in  section  one  hundred seven of the insurance law,  for  the  completion  of  the  work,  specified  in  the contract,  within  the  amount  stipulated  therein, which bond shall be filed with the board of fire commissioners.   24. May enter into an agreement  with  the  town  in  which  the  fire district  is  located in whole or in part for the fire district to issue fire permits on behalf of the town as provided in  and  subject  to  the provisions   of   sections  one  hundred  thirty-nine  and  one  hundred seventy-six-a of this chapter and may terminate any  such  agreement  as provided in such section one hundred thirty-nine.   25.  Shall  have power to cause investigations to be made to determine whether the provisions of laws relating  to  fire  prevention  and  fire equipment  are being complied with within the fire district and, in case there is found what appears to be a violation of any town building  code or of any town ordinances, rules and regulations for fire prevention, or for  the  removal or repair of unsafe buildings or collapsed structures, shall report the same to the town building inspector appointed  pursuant to  section one hundred thirty-eight of this chapter, or, if there be no such official, to the town board, for appropriate action.   26. The amount of any indebtedness incurred by a  newly  created  fire district  prior to the first fiscal year for which an annual estimate is adopted, and the amount of the interest thereon, shall  be  included  in the  first  statement of expenditures of the district submitted pursuant to section one hundred eighty-one of this chapter and shall be  assessed and levied on the taxable property of such district and collected in the same  manner  and at the same time as the other amounts included in such statement of expenditures. The amount so raised shall not be subject  to the limitations of subdivision eighteen of this section.   27. Shall have power to establish within the fire district one or more zones  in  which  the  rate  of  tax for fire district purposes shall be different from the rate for other  zones  or  for  the  portion  of  the district  not  included in any zone, after a public hearing thereon. The notice of such hearing shall be published and posted  and  such  hearing shall  be held in the manner provided in this article for a hearing upon the establishment of a fire, fire alarm or fire protection district upon petition, except that the secretary of the board of  fire  commissioners shall  perform  the  duties of the town clerk. Such notice shall specify the boundaries of the proposed zone or zones and the items of expense of the district which shall be charged against such zone  or  zones,  other than  those  charged  against  the  district  as  a  whole, or the other  respects in which the rates of tax for the proposed zone or zones are to be different from the rates for the remainder  of  the  district.  After such  hearing  and  upon  the  evidence given thereat, the board of fire commissioners  shall determine by resolution whether it be in the public interest to establish the proposed zone or zones. If  it  be  determined that  the establishment of such zone or zones be in the public interest, such board shall determine whether all the property, property owners and interested persons within the  proposed  zone  or  zones  are  benefited thereby  or enjoy benefits greater than are conferred upon the remainder of the district, and whether all property or property  owners  benefited or  who  enjoy such benefits are included within such zone or zones, and it shall so alter the boundaries of such zone or zones that all property and property owners and only such property and property  owners  as  are benefited and enjoy such benefits shall be included within the limits of such  zone  or  zones.  In the event, however, that it is found that any property, property owner or any interested persons not included  in  the zone  or zones as originally proposed will be benefited thereby or enjoy such benefits, a further  notice  shall  be  posted  and  published  and another  hearing  held  as  provided  herein, unless all said additional property owners or interested persons affected file a written consent to be included in such zone or zones. When the boundaries of such  zone  or zones  shall  have  been finally determined by such board, a certificate thereof shall be filed in the office  of  the  town  clerk  or,  if  the district  be  situated in more than one town, in the offices of the town clerks of all of the towns in which such district is situated, and  such zone  or  zones  shall  be  deemed  established  by  the  filing of such certificate. Such board shall also  cause  such  zone  or  zones  to  be correctly  marked upon the map of the fire district. It is intended that the provisions of this subdivision shall apply, for example,  so  as  to permit  one  rate of taxation within a given distance of the fire house, where insurance rates are lower, and another rate for a greater distance from the fire house, or one rate for that portion of the district  which does  not  have  water hydrants and another rate for that portion of the district which has water hydrants, or in the event of any other  unusual circumstances  making  the  establishment  of a zone or zones desirable. After such zone or zones shall be established, the annual  statement  of expenditures,  filed  pursuant to section one hundred eighty-one of this chapter, shall specify the amounts to be raised by taxation in said zone or zones, which are not to be  a  general  charge  against  all  of  the property  of  the  fire  district, and such amounts shall be levied only upon the property included in such zone or  zones.  Notwithstanding  any other provision of this chapter, the petition for the creation of a fire district  may  provide  for  the  establishment  of  a  zone or zones as aforesaid, and the town board or boards in  the  creation  of  the  fire district  may  establish  such separate zone or zones in the same manner that they established the fire district, but the provisions relating  to the  establishment of zones by the board of fire commissioners of a fire district shall be followed so far as applicable. In case a petition  for the  creation  of  a fire district calls for the establishment of such a zone or zones, the notice of the public  hearing  with  respect  to  the creation  of the fire district shall contain information similar to that required to be contained in the notice given by  the  secretary  of  the board of fire commissioners where the zone or zones are to be created by the  board of fire commissioners and the town board or boards shall have all of the powers of a board of fire commissioners with respect  to  the creation  of  such  zone  or zones. The board of fire commissioners of a fire district in which a zone or zones shall have  been  established  as hereinbefore provided may alter the boundaries of any such zone or zones  or  cause any such zone or zones to be abolished by procedure similar to that provided in this section for the establishment of a zone  or  zones by the board of fire commissioners.   28.  May  compromise  any  suits  or  claims now existing or hereafter arising against the fire district under section two  hundred  five-b  of the  general  municipal law, and a tax may be levied against the taxable property of the fire district for such purpose in addition to  the  sums authorized by subdivision eighteen of this section, without the adoption of a proposition therefor, provided, however, that such compromise shall have  been  approved by the court in which such action is pending, or if not pending in any court, by a justice  of  the  supreme  court  of  the judicial  district  in which such fire district is located, on motion of either party supported by the affidavits of both an officer of such fire district and the claimant or claimants, and the affidavits of such other persons as the  court  or  justice  may  require,  setting  forth  facts sufficient  to establish the liability of the fire district and its lack of adequate defense.   29. May authorize the use of voting machines at any annual or  special election  held within the fire district and such voting machine shall be used in accordance with the provisions contained in article nine of  the election law.   30.  May  provide  by  taxation  the sum necessary to pay any judgment recovered against the fire district, or may provide such sum,  in  whole or  in  part, pursuant to the local finance law and any taxes levied for such purpose against the taxable property of the fire district shall  be in  addition  to  the  sums  authorized  by subdivision eighteen of this section without the adoption of a proposition therefor.   31. May offer monetary rewards, in sums not  to  exceed  one  thousand dollars,  to  individuals  for  information  leading  to  the arrest and conviction of  any  person  or  persons  for  felonies  or  misdemeanors directly  connected  to  vandalism  or  theft of district property. Such rewards may be offered  on  any  conditions  the  board  may  determine, subject to whatever qualifications it may deem appropriate.   32.  May  engage a certified public accountant or public accountant to audit the accounts and fiscal affairs of the fire district.   33. May authorize the use of fire equipment and apparatus belonging to the fire district for the purpose of participation in the funeral  of  a deceased  member  or  former member of a fire department or fire company within the district including the transportation  of  the  body  of  the deceased firefighter.   34.  May  adopt  a  resolution  authorizing  the  application  of  the agricultural  value   assessment   established   pursuant   to   article twenty-five-AA  of  the  agriculture  and  markets  law  to  the special assessment or special ad valorem levy made on behalf of the district  on land  benefitting  from  the agricultural value assessment under article twenty-five-AA of the agriculture and markets  law  located  within  the district.  A  copy of this resolution shall be delivered to the assessor or assessors of the unit or units in which the district is  located  and shall  be  effective  on  the  assessment  roll  prepared after the next taxable statue date following its adoption. A resolution repealing  this exemption  shall  be  delivered  to  the  assessor  or  assessors of the assessing unit or units in which the district is located  and  shall  be effective  on the assessment roll prepared after the next taxable status date following its adoption.