NY Gen Mun L § 209 (2021)
2021 New York Laws GMU - General Municipal Article 10 - Firefighters and Police Officers 209 - Outside Service by Local Fire Departments, Companies, Ambulance Districts and Airport Crash-Fire-Rescue Units.

§ 209. Outside service by local fire departments, companies, ambulance   districts and airport crash-fire-rescue units. 1. The fire department of   any city, village or fire district, the fire companies serving territory   outside  of  villages  and  fire  districts  in  any  town  and the fire   departments of any town which has a town fire department,  an  ambulance   district  and  a  county  or  public authority which operates an airport   crash-fire-rescue unit, may answer calls for assistance outside the area   regularly  served  and  protected  by  such  fire  department  or   fire   companies,  ambulance  district or crash-fire-rescue unit and may engage   and participate in fire training programs in territory outside the  area   regularly  served and protected by such fire department, fire companies,   ambulance districts or crash-fire-rescue unit. While in the  performance   of their duties under this subdivision, the members of such departments,   companies,  districts  or  crash-fire-rescue  units  shall have the same   immunities and privileges as if such duties were  performed  within  the   area  regularly  served  and  protected  by such departments, companies,   districts or crash-fire-rescue units. While responding  to  a  call  for   assistance  under  this  subdivision  a  city,  village,  fire district,   ambulance district, town or county  or  public  authority  operating  an   airport  crash-fire-rescue  unit  shall  be liable for the negligence of   firefighters of the city fire department, village fire department,  fire   district  fire  department,  town fire department, ambulance district or   crash-fire-rescue unit, respectively, occurring in  the  performance  of   their  duties  in  the  same  manner  and  to the same extent as if such   negligence occurred in the performance of their duties within  the  area   regularly  served and protected by such departments, districts or units.   The legislative body of any county, city or village, the board  of  fire   commissioners  or  other governing board of any fire district, ambulance   district or public authority or the town board of any town  in  relation   to  the  fire  companies  serving territory outside of villages and fire   districts or in  relation  to  a  town  fire  department,  or  ambulance   district,  as  the  case may be, by resolution may restrict such outside   service and training to such extent as it shall deem advisable. Any such   resolution shall continue in effect until amended  or  repealed  by  the   adoption  of  a subsequent resolution. The officer in charge of any fire   department or fire company  or  ambulance  district  shall  be  notified   promptly  of the adoption of any such resolution and of any amendment or   repeal thereof. In a county, city, or in a village or town, such  action   may  be  taken by local law or by ordinance instead of by resolution. As   used in this section, the terms  "fire  department",  "fire  companies",   "ambulance  service"  and  "crash-fire-rescue  unit"  shall  include all   companies, squads, patrols or other units of such departments, companies   or units, or volunteer ambulance services organized pursuant to  section   one  hundred  twenty-two-b  of  this  chapter, and the term "assistance"   includes the  services  of  firefighting  forces,  fire  police  squads,   ambulance  services,  emergency  rescue and first aid squads rendered in   case of a fire or other emergency, including stand-by  service,  to  aid   (1)  a  fire  department or fire company, and (2) owners or occupants of   property, and other persons, whether or not such  owners,  occupants  or   persons  are receiving fire or other emergency service from another fire   department or fire company or ambulance  service.  Except  as  otherwise   provided  by  law in the case of natural disaster emergencies, a call to   furnish assistance may be made by any person aware of the peril involved   and the need for assistance or pursuant to  any  legally  authorized  or   recognized  plan  for  the  furnishing of mutual aid in cases of fire or   other  emergency.  The  call  need  not  originate  in   the   municipal   corporation,  district  or  area  liable  for  the  payment of financial   benefits in the event of  the  death  or  injury  of  a  firefighter  or    ambulance  or  rescue squad member engaged in rendering such assistance.   The call may be relayed through  one  or  more  persons  or  mediums  of   communication.  The  provisions  of this subdivision shall supersede the   provisions of any general, special or local law to the extent that there   is  a  conflict between the provisions of this subdivision and such law,   except that if (1) any city had,  prior  to  April  fifteenth,  nineteen   hundred  fifty, restricted in any manner the fire department of the city   from engaging in service outside the city or (2) any city, village, fire   district or  town  has  heretofore  restricted  in  any  manner  a  fire   department or fire company or ambulance service from engaging in service   or  training  pursuant  to  the  provisions  of  this  subdivision, such   restrictions shall continue in effect  until  changed  pursuant  to  the   provisions of this subdivision.2.  Any  loss  or  damage to, or expense incurred in the operation of,   fire apparatus or other equipment answering a call for  assistance  from   outside territory, as provided for in subdivision one of this section or   otherwise,  and  the  cost of any materials used in connection with such   call, shall be a charge against and paid  by  the  city,  village,  fire   district,  ambulance district or by the town in relation to territory in   the town located in (1) a fire protection district,  (2)  a  fire  alarm   district,  (3)  or  ambulance  district or (4) the territory in the town   outside of any village,  fire  district  or  any  such  fire  protection   district  or  fire  alarm district, ambulance district, which issued the   call for assistance. No such claim, however, shall  be  allowed  unless,   within  sixty days after such loss or damage has been sustained, or such   expense has been incurred, or such materials  have  been  used,  written   notice  thereof  be  served  by  mail or otherwise on the comptroller or   chief financial officer of the city, the village clerk of  the  village,   the  secretary of the fire district, the clerk of the ambulance district   or the town clerk of the town in relation to the territory in  the  town   located as aforesaid, from which issued the call for assistance.3. In cities such loss, damage, expense or cost shall be a city charge   and  audited  and  paid  as  other  city charges. In villages such loss,   damage, expense or cost shall be a village charge and shall  be  audited   and  paid  in  the same manner as village charges, and shall be assessed   upon the property liable to taxation in said  village,  and  levied  and   collected  in  the  same  manner  as village taxes. In fire districts or   ambulance districts such loss, damage, expense or cost shall be  audited   and paid in the same manner as other fire district or ambulance district   charges,  and  shall  be assessed and levied upon the property liable to   taxation in such district and collected in the same manner as other fire   or  ambulance  district  charges.  The  limitations  on  fire   district   expenditures  set  forth  in subdivision eighteen of section one hundred   seventy-six of the town law shall not be applicable to appropriations or   expenditures for the purpose of paying any such loss, damage, expense or   cost.4. In towns which do not contain a city, village, fire district,  fire   protection  district,  ambulance  district  or fire alarm district, such   loss, damage, expense or cost shall be a town charge audited and paid in   the same manner as town charges.  In  fire  protection  districts,  fire   alarm   districts,  or  territory  outside  of  cities,  villages,  fire   districts, ambulance districts or any such fire protection or fire alarm   district, such loss, damage, expense or cost shall  be  a  town  charge,   audited  and  paid  in  the  same  manner  as town charges, and shall be   assessed upon the property liable to taxation in  such  fire  protection   district,  fire alarm district or territory outside of cities, villages,   fire districts, ambulance districts or such  fire  protection  and  fire   alarm districts, as the case may be. 5.  Provided,  however,  that  nothing contained in this section shall   preclude a city, village, fire district, ambulance district or town from   entering into a reciprocal fire protection agreement with the  state  of   New  York  and  the head of any military department of the United States   government,  which  agreement shall waive all compensation for any loss,   damage, personal injury,  or  death  occurring  in  consequence  of  the   performance  of  said  reciprocal  fire  protection  agreement. Provided   further, however, that any reciprocal fire protection agreement  entered   into  under  the  authority  of  this  subdivision  may  provide for the   reimbursement for any and all costs incurred by the  party  issuing  the   call for assistance.