NY Gen Mun L § 209-B (2021)
2021 New York Laws GMU - General Municipal Article 10 - Firefighters and Police Officers 209-B - Emergency Rescue and First Aid Squads.

§  209-b.  Emergency  rescue and first aid squads. 1. Emergencies.  a.   The authorities having control of fire departments  and  fire  companies   may  organize  within such departments or companies emergency rescue and   first aid squads composed  of  firefighters  who  are  members  of  such   departments or companies. Such squads, so organized, may render services   in case of accidents, calamities or other emergencies in connection with   which  their  services  may be required, as well as in case of alarms of   fire. Whether or not such squads have been  organized,  any  firefighter   may render service in case of accidents, calamities or other emergencies   in  connection  with which the services of firefighters may be required,   as well as in case of alarms of fire, unless he or she shall  have  been   duly  ordered  not  to  render  such  service  by the authorities having   control of the fire department or company  of  which  he  or  she  is  a   member.  If  a  request  for emergency service is made by, or originates   from a doctor or peace officer, acting pursuant to his  or  her  special   duties,  or  police  officer,  and  there  is any doubt as to whether an   emergency exists, the judgment of the doctor or officer that  there  is,   in  fact,  an  emergency may be accepted as conclusive by such squad, or   the firefighter responding, or who  has  responded  to  such  call.  The   person  designated to receive calls for such emergency services, for the   purpose of dispatching such squads or firefighters, shall  determine  in   the  first instance from the information furnished to him or her whether   an emergency exists and his or her decision, if in  good  faith,  as  to   whether  or  not  there  is  an  emergency shall be final in relation to   dispatching  such  squads  or   firefighters.   Any   such   preliminary   determination shall not be deemed to authorize the rendition of services   if,  upon  arriving  at  the place to which dispatched, it is found that   there is no emergency.b. The governing board of any city, town,  village  or  fire  district   which  has  a  fire  department  but  which has not authorized such fire   department to render emergency ambulance service, may contract  for  the   furnishing to it of emergency ambulance service with another city, town,   village  or  fire district which has in its fire department an emergency   rescue and first aid squad duly authorized to render emergency ambulance   service.  Before any contract to furnish emergency ambulance service  is   entered  into, the consents of the fire department, the fire company and   the emergency rescue and first  aid  squad  to  furnish  such  emergency   ambulance  service shall be obtained. Each consent shall be evidenced by   a copy of a resolution certified respectively by the  secretary  of  the   fire  department  and fire company and by the officer then in command of   the emergency rescue and first aid squad.2. General ambulance service. a. The governing board of any city, town   which has a fire department, village or fire district which has  in  its   fire  department an emergency rescue and first aid squad composed mainly   of volunteer firefighters, by resolution, may authorize any  such  squad   to furnish general ambulance service for the purpose of (1) transporting   any  sick, injured or disabled resident or person found within the city,   town, village or fire district to  a  hospital,  clinic,  sanatorium  or   other  place  for  treatment  and  care  and  returning  any such person   therefrom if still sick, injured or disabled and  (2)  transporting  any   sick,  injured  or  disabled resident of the city, town, village or fire   district from a hospital, clinic, sanatorium or other place  where  such   person  has received treatment and care to any other place for treatment   and care or  to  such  person's  home  whether  such  hospital,  clinic,   sanatorium  or  other place where such person has received treatment and   care is within or without the city, town, village or  fire  district  or   the territory listed on the ambulance service certificate or certificate    of  registration  as  the  usual  territory  within  which the ambulance   service operates.b.  The town board of a town which does not have a fire department but   in which there is a fire corporation located outside any  village,  fire   district,   fire   alarm   district  or  fire  protection  district,  by   resolution, may authorize the emergency rescue and first  aid  squad  of   such  fire  corporation  to  furnish  general  ambulance service for the   purpose of (1) transporting any sick, injured or  disabled  resident  or   person   found   within   the  area  described  in  the  certificate  of   incorporation of the fire corporation to a hospital, clinic,  sanatorium   or  other  place  for  treatment  and care and returning any such person   therefrom if still sick, injured or disabled and  (2)  transporting  any   sick,  injured  or  disabled  resident  of  such  described  area from a   hospital, clinic, sanatorium  or  other  place  where  such  person  has   received treatment and care to any other place for treatment and care or   to such person's home whether such hospital, clinic, sanatorium or other   place  where  such  person  has received treatment and care is within or   without the area described in the certificate of incorporation  of  such   fire  corporation  or  the  territory  listed  on  the ambulance service   certificate or certificate of registration as the usual territory within   which the ambulance service operates.c. The governing board of a city, village or fire  district  which  by   law  is authorized to contract to have fire protection furnished for any   district or area thereof by the  fire  department  or  fire  company  of   another  city, town, village or fire district, or a town board on behalf   of a fire protection district or fire alarm district, may include in any   fire protection contract a  provision  for  the  furnishing  of  general   ambulance  service  by  the  emergency rescue and first aid squad of the   fire department or fire company which furnishes  such  fire  protection.   Such  general  ambulance  service  shall  be  for  the  purpose  of  (1)   transporting any sick, injured or  disabled  resident  or  person  found   within  the  contract district or area to a hospital, clinic, sanatorium   or other place for treatment and care  and  returning  any  such  person   therefrom  if  still  sick, injured or disabled and (2) transporting any   sick, injured or disabled resident of such  contract  district  or  area   from a hospital, clinic, sanatorium or other place where such person has   received treatment and care to any other place for treatment and care or   to such person's home whether such hospital, clinic, sanatorium or other   place  where  such  person  has received treatment and care is within or   without the contract district or area or the  territory  listed  on  the   ambulance  service  certificate  or  certificate  of registration as the   usual territory within which the ambulance service operates.  The  city,   town,  village,  fire  district  or  the fire department or fire company   thereof which is authorized to furnish such fire protection pursuant  to   contract  shall have power to contract to furnish such general ambulance   service.d. Before any authorization is granted under paragraphs  a  and  b  of   this  subdivision,  or  before any contract to furnish general ambulance   service is entered into pursuant to paragraph c of this subdivision, and   before any public hearing is conducted as herein provided, the  consents   of  the  fire  department, the fire company and the emergency rescue and   first aid squad to  furnish  the  general  ambulance  service  shall  be   obtained.  Each  consent  shall  be  evidenced by a copy of a resolution   certified, respectively, by the secretary of  the  fire  department  and   fire  company and by the officer then in command of the emergency rescue   and first aid squad.e. Before authorizing general ambulance service under paragraphs a and   b of this subdivision the governing board of a city,  town,  village  or    fire district shall conduct a public hearing. Before the governing board   of  a  city,  town,  village or fire district enters into a contract for   fire protection which contract,  for  the  first  time  for  a  specific   district  or  area,  provides  for  the  furnishing of general ambulance   service pursuant to paragraph c of this subdivision, it shall conduct  a   public  hearing  in the manner required by law, if any, for the entering   into of a fire protection contract therefor, but if a public hearing  is   not  required in any such case, then the public hearing shall be held as   herein provided and the  procedure  for  publishing  notice  under  this   paragraph shall be applicable. Notice of such hearing shall be published   at least once in a newspaper or newspapers having general circulation in   the  city, town, village or fire district, or, in the case of contracts,   in the fire alarm district, fire protection district, or other  contract   area.  In  all  cases the notice of hearing shall, in general terms, (1)   describe  the  general  ambulance  service  which  is  proposed  to   be   furnished,  (2)  describe  the area to be served, (3) state the names of   the fire department, fire companies and emergency rescue and  first  aid   squad  affected,  (4)  state  the  time and place within the city, town,   village or fire district, or, in the case of contracts, the  fire  alarm   district,  fire  protection district, or other contract area, where such   hearing will be held and (5) state that all persons residing within  the   area  to  be  served,  all  persons,  firms and corporations owning real   property within the area to  be  served,  and  all  persons,  firms  and   corporations  whose  business  interests  or  employment would either be   benefited or adversely affected, whether or not a resident or  owner  of   real  property  within the area to be served, shall have the right to be   heard in person or by representative at the public hearing. Such  notice   shall  be  published  at  least ten days prior to the date fixed for the   hearing.f. After the hearing and after considering the statements made at  the   hearing  the  governing  board  shall  determine whether authorizing the   furnishing of general ambulance service,  or  the  entering  into  of  a   contract  for  general  ambulance service, is in the public interest. If   the governing board determines that it is  in  the  public  interest  to   authorize  the furnishing of general ambulance service, or to enter into   a contract for general ambulance service, it shall adopt the  resolution   authorizing  the  same  and within ten days thereafter cause a certified   copy of the resolution and the determination on which it is based to  be   filed  in the office of the clerk of the county or counties in which the   city, town, village or fire district is located. The  consents  required   by  paragraph  d of this subdivision shall be filed with such resolution   and determination.g. The determination  of  the  governing  board  in  relation  to  the   furnishing  of  general  ambulance service shall be subject to review in   the manner provided in article seventy-eight of the civil  practice  law   and rules provided that application has been made therefor within thirty   days  from  the  date  of  the  filing thereof. Such determination shall   become final and conclusive and the resolution shall become effective at   the expiration of such thirty days or,  if  application  for  review  be   made, upon the final determination thereof.h.  When  general  ambulance  service  is  authorized pursuant to this   subdivision, the emergency rescue and first aid squad shall  answer  all   calls  and  demands for such service to be furnished to sick, injured or   disabled persons entitled thereto, subject to such rules and regulations   as shall be prescribed by authorities having control of such squad,  and   subject  at  all times to the emergency needs of the fire department and   any limitations  upon  such  service  specified  in  a  fire  protection   contract.  Such  rules  and regulations may establish limitations on the    distances which may be traveled outside the area to be served  in  order   to  reach hospitals, clinics, sanatoriums or other places where care and   treatment is to be or has been furnished.i.  Any  action taken pursuant to this subdivision may be rescinded by   resolution of the governing board which has taken such action. The  term   "resolution",  as  used  in  this  subdivision  two,  means  resolution,   ordinance, act or local law.j. The provisions of this subdivision two shall apply to  all  cities,   towns,  villages  and  fire  districts, except where the provisions of a   general or special law  expressly  prohibit  the  rendition  of  general   ambulance service by an emergency rescue and first aid squad of the fire   department thereof.3.  Transportation of persons. Squads and persons authorized to render   service pursuant to  this  section  shall  transport  sick,  injured  or   disabled  persons  only  in  vehicles owned by or under the control of a   city, town, village, fire district, a fire department or a fire  company   unless  ordered or permitted to transport such persons in other vehicles   by the authorities having control of the fire department or fire company   of which he is a member.3-a. Mutual aid. a. The governing board of any city, town which has  a   fire  department,  village  or  fire  district  which  has  in  its fire   department an emergency rescue and first aid squad  composed  mainly  of   volunteer  firefighters,  may, by resolution authorize any such squad to   enter into one or more mutual aid agreements as defined  in  subdivision   twenty of section three thousand one of the public health law, and/or to   contract  with  ambulance  services  as  defined in subdivisions two and   three of section three thousand one of the public health law to  provide   services when the emergency rescue and first aid squad is unavailable.b.  The town board of a town which does not have a fire department but   in which there is a fire corporation located outside any  village,  fire   district,  fire  alarm  district  or  fire  protection  district may, by   resolution, authorize the emergency rescue and first aid squad  of  such   fire  corporation  to  enter  into  one or more mutual aid agreements as   defined in subdivision twenty of  section  three  thousand  one  of  the   public health law, and/or to contract with ambulance services as defined   in  subdivisions  two  and  three  of  section three thousand one of the   public health law to provide services  when  the  emergency  rescue  and   first aid squad is unavailable.4.  Fees  and  charges  prohibited.  Emergency  and  general ambulance   service authorized pursuant to this section shall be  furnished  without   cost  to  the  person  served.  The acceptance by any firefighter of any   personal remuneration or gratuity, directly or indirectly, from a person   served shall be a ground for his or her expulsion  or  suspension  as  a   member of the fire department or fire company.5.  The term "emergency", as used in this chapter, or in any other law   of  general  application,  in  relation  to  the  operations   of   fire   departments,  includes, unless a contrary intent is clearly expressed or   indicated, the search for persons and the search for,  and  attempts  to   recover  or the recovery of, bodies of persons even though it is posible   or is known that all hope of life is gone.