NY Town L § 184 (2021)
2021 New York Laws TWN - Town Article 11 - Fire, Fire Alarm and Fire Protection Districts 184 - Fire Protection Districts.

§  184.  Fire  protection  districts. 1. Whenever the town board shall have established or extended a fire protection district pursuant to  the provisions  of  this  article,  the  town  board  shall  provide for the furnishing of fire protection within the district and for  that  purpose may  (a)  contract with any city, village, fire district or incorporated fire company maintaining adequate and suitable apparatus and  appliances for  the  furnishing  of  fire  protection  in  such district or (b) may acquire by gift or purchase such apparatus and  appliances  for  use  in such  district and may contract with any city, village, fire district or incorporated fire company for operation, maintenance, and repair of  the same  and  for  the  furnishing  of fire protection in such district, or both. The contract may also provide for the furnishing of (1)  emergency service  in  case  of  accidents,  calamities  or  other  emergencies in connection with which the services of firefighters would be required and (2) 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 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, or with an ambulance service, certified or registered  pursuant  to article  thirty  of  the public health law, which is not organized under the provisions of section two hundred nine-b of  the  general  municipal law.  Any such contract with any such ambulance service permitted herein shall be subject to the provisions of this section.   1-a. (a) Except as provided in  paragraph  (b)  of  this  subdivision, prior  to  commencing  the negotiation process for such contract with an incorporated fire company, the incorporated fire company shall file with the town  board  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.  (b) The provisions of paragraph (a)  of  this  subdivision  shall  not apply  to  the renewal of a contract when the contract is deemed renewed in accordance with subdivision four of this  section.  Upon  good  cause shown,  the town board may, by resolution, waive in whole or in part the  requirement that the fire company file  the  statement,  and  copies  of documents, required by paragraph (a) of this subdivision.   2.  The  contract shall not be entered into until a public hearing has been held by the town board. 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 shall be at least ten days prior to the day specified for the hearing. Before any contract  to  furnish  general ambulance  service  by  an ambulance service is entered into pursuant to this section, and before any  public  hearing  is  conducted  as  herein provided,  the  consent  of  such  ambulance  service to furnish general ambulance sevice shall be obtained. Such consent shall be evidenced by a copy of a resolution certified by the secretary of a voluntary ambulance service or the chief  executive  officer  of  a  professional  ambulance service.   3. Except as provided in subdivision four of this section, 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.   4.  Instead  of  being  for a definite term as provided in subdivision three, 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 twentieth 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 subdivision. Any such contract may provide that in the month of July of each year  in which such a renewal could occur the town clerk of the town in which the fire  protection  district or the major portion thereof is located shall notify the secretary of the fire department, fire company  or  ambulance service  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  twentieth  day  of  August that  it  elects  to  terminate the contract on December thirty-first in such year.   5. The contract shall specify a definite sum to be paid each year  for all of the services to be rendered thereunder.   6.  The  amount which is to be paid each year pursuant to any contract entered into pursuant to the provisions of this section,  together  with all  other  expenses necessarily incurred or occasioned by reason of the establishment or extension of the fire  protection  district,  shall  be assessed  and  levied  upon  the  taxable  property  in the district and collected in the same manner, at the same time and by the same  officers as  town  taxes  are assessed, levied and collected and, when collected, the amount thereof shall be paid to the  supervisor  of  the  town.  The supervisor  shall  pay to the city, village, fire district, incorporated fire company or ambulance service furnishing such service the amount  to  be  paid  each year for the service in one sum or in installments as the contract may provide.   7.  If  a fire protection district shall be situated partly in each of two or more towns any action which would be taken by the town  board  in the  case  of a district situated in only one town shall be taken by the town boards of the several towns acting jointly by a  majority  vote  of the  members  of  each  of  such  town  boards, and the notice of public hearing required by this section shall be given by the  town  clerks  of the several towns acting jointly.   8.  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  (1) amended, (2) terminated, or (3) terminated and a new contract may be entered into  in lieu thereof, if the town board, 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.   9. The term "fire protection,"  as  used  in  this  section,  includes inspections  of buildings and properties in the fire protection district for the purposes specified  in  and  as  authorized  by  sections  eight hundred  seven-a  and  eight  hundred  seven-b  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.   10. The provisions of this section 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.