NY Gen Mun L § 209-I (2021)
2021 New York Laws GMU - General Municipal Article 10 - Firefighters and Police Officers 209-I - Emergency Service by Volunteer Firefighters.

§  209-i.  Emergency  service by volunteer firefighters. 1. Whenever a   volunteer firefighter  is  within  this  state,  but  outside  the  area   regularly  served  by the fire company or fire department of which he or   she is a member and has knowledge of a fire or  other  emergency  at  or   near  the  place  where  he or she is for the time being, such volunteer   firefighter may report  to  the  officer  in  command  of  the  paid  or   volunteer  fire  company  or  paid  or  volunteer fire department, or in   command of one of the paid or volunteer fire companies  or  one  of  the   paid  or volunteer fire departments, engaged in the handling of any such   fire or other emergency and, on an individual basis, offer  his  or  her   services  to  assist  such fire company or fire department. After his or   her services are so accepted, the volunteer firefighter  shall  then  be   entitled to all powers, rights, privileges and immunities granted by law   to volunteer firefighters during the time such services are rendered, in   the  same manner and to the same extent as if he or she were a volunteer   member of the fire company  or  fire  department  which  he  or  she  is   assisting,  including benefits under the volunteer firefighters' benefit   law. Any such commanding  officer  shall  have  power,  in  his  or  her   discretion,  to so accept the services of a volunteer firefighter unless   the legislative body of the city or  the  village,  the  board  of  fire   commissioners or other governing board of the fire district, or the town   board  of  the  town  in  relation  to  (a)  the  fire companies serving   territory outside villages  and  fire  districts  or  (b)  a  town  fire   department,  as  the  case may be, by resolution heretofore or hereafter   adopted, has forbidden the acceptance of any such services  pursuant  to   this section. Any such resolution shall continue in effect until amended   or  repealed  by the adoption of a subsequent resolution.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 company or fire department shall be notified promptly   of the adoption of any such resolution and of any  amendment  or  repeal   thereof.1-a.  A  volunteer  firefighter who, because of his residence or usual   occupation, is regularly in the area served by a volunteer fire  company   or department of which he is not a member may nevertheless volunteer his   services  on  an  on-going  basis  to  the officer in command thereof to   assist such fire company or fire department for the purpose of assisting   such company or department's general or emergency ambulance services, or   for the purpose of assisting such fire company or fire department  at  a   fire  or  other emergency scene or for the purpose of training with such   fire company or fire department. After his services are so accepted, the   volunteer firefighter shall then be  entitled  to  all  powers,  rights,   privileges  and  immunities  granted  by  law  to volunteer firefighters   during the time such services are rendered, in the same  manner  and  to   the  same extent as if he were a volunteer member of the fire company or   fire department which he is  assisting,  including  benefits  under  the   volunteer  firefighters'  benefit  law. Any such commanding officer when   authorized by the legislative body of the city or the village, the board   of fire commissioners or other governing board of the fire district,  or   the town board of the town in relation to (a) the fire companies serving   territory  outside  villages  and  fire  districts  or  (b)  a town fire   department, as the case may be, shall have power, in his discretion,  to   so accept the services of a volunteer firefighter.1-b.  In  the  event  that  an  active  volunteer firefighter provides   services under  subdivision  one  of  this  section  when  there  is  no   jurisdictional  officer  in  command present, such volunteer firefighter   shall be entitled to coverage under the volunteer firefighters'  benefit   law  provided  the  fire  company  or  municipality the volunteer serves   adopts  a  resolution  granting  coverage  for  the  provision  of  such   services.  Upon  arrival  of  a  jurisdictional officer in command, such    volunteer shall be entitled to benefits  in  the  manner  set  forth  in   subdivision one of this section.1-c.  A member of a fire company or department of another state who is   regularly in an  area  served  by  a  volunteer  fire  company  or  fire   department  may  volunteer  their  services on an on-going basis to such   fire company or fire  department  for  the  purpose  of  assisting  such   company  or department's general or emergency ambulance services, or for   the purpose of assisting such fire company or fire department at a  fire   or  other  emergency scene or for the purpose of training with such fire   company or fire department, provided that such company or department  is   authorized  to accept such services by the governing body of the city or   the village, the board of fire commissioners or other governing board of   the fire district, or the town board of the town in relation to (a)  the   fire  companies serving territory outside villages and fire districts or   (b) a town fire department, as the case may be. Upon application  by  an   out-of-state  firefighter,  a  fire  company  or  fire  department shall   determine whether such out-of-state firefighter meets  state  and  local   requirements   for  active  members  of  their  company  or  department,   including, but not  limited  to,  compliance  with  a  background  check   pursuant  to  section eight hundred thirty-seven-o of the executive law,   and whether such out-of-state firefighter is in good standing  with  the   fire  company or department in which they normally serve. If a volunteer   fire company  or  fire  department  accepts  the  services  of  such  an   out-of-state  firefighter,  such  firefighter  shall  be entitled to all   powers, rights, privileges and immunities granted by  law  to  volunteer   firefighters  during  the  time  such services are rendered, in the same   manner and to the same extent as if such firefighter  were  a  volunteer   member  of the fire company or fire department being assisted, including   benefits  under  the  volunteer  firefighters'  benefit  law,  provided,   however,  such  firefighter  shall  not  be eligible to participate in a   service award program as authorized by articles eleven-A and eleven-AAAA   of this chapter nor shall such  firefighter  be  eligible  for  coverage   under  section  eleven-c  of  the  volunteer  firefighters'  benefit law   relating to diseases of the lung and section sixty-one of the  volunteer   firefighters' benefit law relating to disease or malfunction of heart or   coronary  arteries  and any other presumptive coverage for impairment of   health or death. Upon acceptance of such out-of-state firefighter  to  a   fire  company  or  fire  department,  such  company  or department shall   provide to the applicant, and the applicant  shall  acknowledge  receipt   of,  the  following  written  statement: "If a volunteer fire company or   fire department accepts the services of a firefighter who is a member of   a fire department or a company of another state, such firefighter  shall   be  entitled to all powers, rights, privileges and immunities granted by   law  to  volunteer  firefighters  during  the  time  such  services  are   rendered,  in  the  same  manner  and  to  the  same  extent  as if such   firefighter were  a  volunteer  member  of  the  fire  company  or  fire   department  being  assisted,  including  benefits  under  the  volunteer   firefighters' benefit law, provided, however, such firefighter shall not   be eligible to participate in a service award program as  authorized  by   articles  11-A  and 11-AAAA of the general municipal law, nor shall such   firefighters be eligible for coverage  under  section  eleven-c  of  the   volunteer  firefighters'  benefit law, relating to diseases of the lung,   and section 61 of the volunteer firefighters' benefit law,  relating  to   disease  or  malfunction  of  heart  or coronary arteries, and any other   presumptive coverage for impairment of health or death."2. The municipal corporation or fire district which  would  be  liable   for  the negligence of any volunteer members of the fire company or fire   department which has accepted the services of the volunteer  firefighter    pursuant  to  this  section  shall  be liable for the negligence of such   volunteer firefighter while acting, after such acceptance and during the   time such services were rendered, in the discharge of his or her  duties   as  a volunteer firefighter in the same manner and to the same extent as   if he or she were a  volunteer  member  of  the  fire  company  or  fire   department  which  he  or  she  assisted.  If  the  fire company or fire   department which has so accepted the services of a volunteer firefighter   pursuant to this section is a paid fire company or paid fire department,   such paid fire company or paid fire department shall, for  the  purposes   of  this  subdivision and section two hundred five-b of this article, be   deemed to be a  "duly  organized  volunteer  fire  company"  within  the   meaning of such section two hundred five-b.3.  As  used in this section, the term "volunteer firefighter" means a   "volunteer firefighter" as such term is defined in section three of  the   volunteer  firefighters'  benefit  law; the term "area regularly served"   means the home  area  of  the  volunteer  firefighter  as  described  in   subdivisions  one,  two,  three,  four  or five of section thirty of the   volunteer firefighters' benefit law and, in  addition,  any  other  area   served  pursuant  to  a contract for fire protection and the terms "fire   company" and "fire department" shall include emergency rescue and  first   aid  squads  or  other  squads  or  units  of  a  fire  company  or fire   department.