NY Not for Profit Corp L § 1402 (2021)
2021 New York Laws NPC - Not-For-Profit Corporation Article 14 - Special Not-for-Profit Corporations 1402 - Fire Corporations.

§ 1402. Fire corporations.  (a) Certificate of incorporation; additional contents.   In  addition  to  the  requirements  of  section  402  (Certificate of incorporation; contents), the certificate of  incorporation  of  a  fire corporation shall state the precise boundaries of the territory in which the corporation intends to operate.  (b) Type of corporation.   A fire corporation is a charitable corporation under this chapter.  (c) Appointment of firefighters.  (1)  A  person shall not be eligible to be named in the certificate of incorporation of a fire corporation unless he shall be at least eighteen years of age and a resident of a city, village, fire district,  or  town outside  of  villages  and  fire  districts,  where the fire corporation intends to operate.  (2) If the fire corporation becomes part of the fire department  of  a city,  village  or  fire  district, a person shall not be eligible to be elected as a member or to continue as a member except as provided by law for volunteer members of the fire companies in  such  city,  village  or fire district.  (3)  In towns outside of villages and fire districts, the consent of a majority of the members of the town board to the  formation  of  a  fire corporation  shall constitute an appointment of the persons named in the certificate of incorporation as  town  firefighters.  Thereafter,  other eligible  persons  may  be elected as members pursuant to the by-laws of the fire corporation, but the election of a member must be  approved  by the town board of each town which consented to the formation of the fire corporation.  Such  a  person  shall  be  a  resident  of  the territory specified in the certificate of incorporation or  of  territory  outside such   boundaries   which  is  afforded  fire  protection  by  the  fire corporation pursuant to a contract for fire  protection  under  which  a cash   consideration  is  received  by  the  corporation  or  for  which negotiations for renewal of such a contract are pending. The  membership of  any  volunteer  member shall terminate when he or she ceases to be a resident  of  such  inside  or  outside  territory,  except   that   the corporation  may  authorize  his or her continued membership where he or she notifies the secretary of the fire corporation (a) that  he  or  she plans to change his or her residence to a territory which is not in such inside  or  outside  territory,  and  (b)  that  by reason of his or her residence in the vicinity or his or her usual occupation he or she  will be  available  to  render  active  service as a volunteer firefighter in either  such  inside  or  such  outside  territory.  Voting   for   such authorization shall be pursuant to the by-laws. Such authorization shall not  become effective unless approved by resolution of the town board of each town which consented to  the  formation  of  the  corporation.  Any membership  so  continued  shall terminate when the member can no longer meet the requirements of this subparagraph. A person who cannot meet the residence requirements of this subparagraph may be elected to membership as a volunteer member if by reason  of  his  or  her  residence  in  the vicinity  or  his or her usual occupation he or she will be available to render active service as a  volunteer  firefighter  in  such  inside  or outside  territory.  Voting  for  such election shall be pursuant to the by-laws. Such election shall not become  effective  unless  approved  by resolution  of  the  town  board  of  each  town  which consented to the formation of the corporation. Such membership shall terminate  when  the member  can  no  longer  meet the requirements of this subparagraph. The election or continuance of any person as a member  shall  be  deemed  to have  been  approved  by the town board pursuant to this subparagraph in the event that no action is taken by the town board, either approving or  disapproving, within  forty  days  in  the  case  of  residents  of  the territory  specified  in  the certificate of incorporation or of outside contract territory, and within seventy days in the case of  all  others, after  service  of  written  notice  of  such election or continuance of membership shall have been made by the secretary of the corporation upon the town clerk, either personally or by  mail.  The  membership  of  any volunteer   firefighter   shall   not  be  continued  pursuant  to  this subparagraph, and persons who do not reside in the  territory  specified in  the  certificate of incorporation or in territory protected pursuant to a contract for fire protection shall not be  elected  to  membership, if,  by so doing, the percentage of such nonresident members in the fire corporation would exceed forty-five per centum of the actual  membership thereof,  provided,  however,  that  the  forty-five  percent  limit  on non-resident members shall not apply to the membership of  the  Huguenot Fire  Company,  Inc., within the town of Deerpark, Orange county, to the membership of the Prospect Terrace Fire Company, Inc., within  the  town of  Dickinson,  Broome  county,  to membership of the Hopewell Volunteer Fire Department, Inc., to membership of the Wales Center Volunteer  Fire Company,  Inc., within the town of Wales, Erie county, to the membership of the Nedrow Fire Department, within the  town  of  Onondaga,  Onondaga county,  to  the  membership of the Howlett Hill Fire Department, within the town of Onondaga, Onondaga county, to the  membership  of  the  East Syracuse Fire Department, within the town of Dewitt, Onondaga county, to the membership of the Pleasant Square Fire Company, Inc. within the town of  Johnstown, Fulton county, to the membership of the East Amherst Fire Department, Inc., within  the  town  of  Amherst,  Erie  county,  or  to membership  of  the  fire departments within the town of Fleming, Cayuga county. Nonresidents of the territory specified in  the  certificate  of incorporation   whose   volunteer  membership  has  been  authorized  or continued pursuant to this subparagraph may be elected or  appointed  to any  office  in  the  fire  corporation  and  shall have all the powers, duties, immunities, and privileges of resident volunteer members  except a  non-resident  of  this  state  whose  membership  has  been continued pursuant to this subparagraph, or who was elected to membership pursuant to this subparagraph, shall not  be  considered  to  be  performing  any firefighting  duty,  or to be engaged in any firefighting activity, as a member of the fire company while he or she  is  outside  of  this  state unless  and  until  he  or  she  has  first  reported  to the officer or firefighter in command of his or her fire department,  or  any  company, squad  or  other  unit  thereof,  engaged  or to be engaged in rendering service outside this state, or has received orders or authorization from an officer of the fire department or fire company to participate  in  or attend authorized activities outside of this state in the same manner as resident  members of the fire company. A person shall not be eligible to volunteer membership in any other fire corporation or  fire  company  at one  time.  The  provisions  of this subparagraph shall not be deemed to authorize the election or the continuance of any person as a  member  of the  corporation  if such election or continuance of membership shall be contrary to the by-laws, rules or regulations of the fire corporation.  (4) A person who has been convicted of arson in any degree  shall  not be  eligible  to  be named in the certificate of incorporation of a fire corporation, or to be elected or appointed as a volunteer  member  of  a fire  corporation.  The  membership  of  any  volunteer member of a fire corporation shall immediately terminate if he is convicted of  arson  in any degree while a member of a fire corporation.  (5)   Upon  application  by  any  person  for  membership  in  a  fire corporation operating pursuant to this section,  the  fire  chief  shall cause the applicant's background to be checked pursuant to section eight  hundred  thirty-seven-o  of  the  executive  law  for a criminal history involving a conviction  for  arson  and  conviction  of  a  crime  which requires the person to register as a sex offender under article six-C of the  correction  law.  Where  such criminal history information includes conviction of a crime which requires the person to  register  as  a  sex offender under article six-C of the correction law, a fire company shall determine  whether or not such person shall be eligible to be elected or appointed as a volunteer member of such fire company. Such determination shall be made in accordance with the criteria  established  in  sections seven  hundred fifty-two and seven hundred fifty-three of the correction law.  (d) Incorporation of fire corporations in towns legalized.   Any fire, hose, protective or hook and ladder  corporation  heretofore organized  under  any  general law with the consent of the town board in the territory  served  by  such  corporation  is  hereby  legalized  and confirmed,  notwithstanding the omission of any town board to appoint or confirm the members of such corporations as town firefighters. Any  such corporation  shall  hereafter  be  subject  to  the  provisions  of this section.  (e) Powers.  (1) A fire, hose, protective or hook and ladder corporation heretofore incorporated under any general  law  or  a  fire  corporation  hereafter incorporated  under this section shall be under the control of the city, village, fire district or town authorities having, by law, control  over the  prevention or extinguishment of fires therein. Such authorities may adopt rules and regulations for  the  government  and  control  of  such corporations.  Notwithstanding  the  provisions of any such local law, a person who has been convicted of  arson  in  any  degree  shall  not  be eligible  for  nomination,  election or appointment to any office of the corporation, nor may such person serve as director of  the  corporation. Any  fire  corporation  officer or director who is convicted of arson in any degree  during  his  term  of  office  shall  be  disqualified  from completing such term of office.  (2) Where a fire corporation formed outside of a city, village or fire district   furnishes   fire  protection  to  territory  outside  of  the boundaries specified in  its  certificate  of  incorporation,  the  fire corporation and the members thereof shall be under the exclusive control of  the  town  board of the town in which the fire corporation maintains its apparatus.  (3) The emergency relief squad  of  a  fire  corporation  incorporated under this section or subject to the provisions thereof shall have power to  furnish  general  ambulance  service  when duly authorized under the provisions of section two hundred nine-b of the general municipal law.  (4) Any fire company incorporated under this section or subject to the provisions thereof shall have power to engage in fund raising activities pursuant to section two hundred four-a of the general municipal law.  (5) Any fire company incorporated under this section or subject to the provisions  thereof  shall  have  power,  subject  to  the  approval  or authorization of the town board, to attend a funeral.  (6)  Fire, hose, protective or hook and ladder corporations heretofore incorporated under  any  general  law  or  fire  corporations  hereafter incorporated  under  this  section  or  volunteer fire companies or fire departments as defined in section three of the  volunteer  firefighters' benefits  law  are  hereby  authorized  to  enter  into  contracts among themselves and among municipal corporations for the  joint  purchase  of goods,  supplies  and  services. Provided that the provisions of article five-A of the  general  municipal  law  shall  be  controlling  for  any proposed  joint  purchase  between  such  fire  corporation, company, or  department and  a  municipal  corporation.  For  the  purposes  of  this subparagraph the term "municipal corporation" shall mean a county, city, town, village, fire district, or ambulance district.  (f) Directors to file report.   It shall be the duty of the directors of all fire, hose, protective or hook  and  ladder  corporations incorporated under a general law or of a fire corporation formed under  this  section  in  territory  outside  of cities  or  villages,  or a majority of them, on or before the fifteenth day of January in each year, to make and  file  in  the  county  clerk's office,  where  the  certificate  of  incorporation  is filed a verified certificate, stating the names of the  directors  and  officers  of  the corporation, containing an inventory of its property, a statement of its liabilities  and  that  the  corporation  has  not  engaged, directly or indirectly, in any business other than that set forth in its certificate of incorporation.  (g) Firefighters' exemption.   Every active firefighter who  shall  be  a  member  of  a  corporation subject  to  the provisions of this section shall be entitled to all the rights granted by law to volunteer firefighters and  every  such  active firefighter  who  shall  meet the requirements of section two hundred of the general municipal law shall be entitled  to  the  additional  rights granted by law to exempt volunteer firefighters.  (h)  Legalization  of membership of fire corporations in towns outside villages and fire districts.  (1) Any person:  (A) who was recognized prior  to  the  first  day  of  July,  nineteen hundred  fifty-four, as a volunteer member of a fire corporation subject to the provisions of this section located in a town outside villages and fire districts by the town board or by the officers and members  of  the fire corporation, and  (B)  who  rendered  active service with such fire corporation prior to such date, and  (C) who was, at the time of his  or  her  election  to  membership,  a resident  of the territory specified in the certificate of incorporation or  of  territory  outside  such  boundaries  which  was  afforded  fire protection  by  the  fire  corporation  pursuant  to a contract for fire protection,   shall for all purposes in law be considered to have been duly  elected and  confirmed  as  a  member in such fire corporation as of the date of such confirmation, if any, and, if none, then as of  the  date  of  such election;  notwithstanding that there may have been some legal defect in such election, or the proceedings precedent thereto, or a failure of the town board to confirm such member, as provided by the law  in  force  at the  time of such election, and the status of such person as a volunteer firefighter as of the date of such confirmation or  election  is  hereby legalized, validated and confirmed. This subparagraph shall not apply to a  person,  if any, whose volunteer membership in a fire corporation was declared invalid by a court of competent jurisdiction prior to the first day of January, nineteen hundred fifty-five.  (2) Any person:  (A) who was recognized on or after the first  day  of  July,  nineteen hundred  fifty-four  and prior to the first day of January, two thousand eleven as a volunteer member  of  a  fire  corporation  subject  to  the provisions  of  this section located in a town outside villages and fire districts by the town board or by the officers and members of  the  fire corporation, and  (B)  who  rendered  active  service with such fire corporation between such dates, and  (C) who was, at the time of his  or  her  election  to  membership,  a resident  of the territory specified in the certificate of incorporation or  of  territory  outside  such  boundaries  which  was  afforded  fire protection  by  the  fire  corporation  pursuant  to a contract for fire protection,  or  who  was a nonresident elected to membership or who was continued as a member, pursuant to the provisions of subparagraph (A)   shall for all purposes in law be considered to have been duly  elected and  confirmed, or continued, as a member in such fire corporation as of the date of such confirmation, if any, and, if none, then as of the date of such election or, in the case of a continuance, as  of  the  date  of approval,  if  any,  by  the  town board and, if none, as of the date of authorization of continuance by the  fire  corporation;  notwithstanding that  there  may  have  been  some legal defect in such election, or the proceedings thereto, or a failure of  the  town  board  to  confirm  the election,  or  approve the continuance of membership, of such member, as provided  by  the  law  in  force  at  the  time  of  such  election  or continuance, and the status of such person as a volunteer firefighter as of  such  date  is  hereby  legalized,  validated  and  confirmed.  This subparagraph shall not apply  to  a  person,  if  any,  whose  volunteer membership  in  a  fire  corporation  was declared invalid by a court of competent jurisdiction prior to the first day of January,  two  thousand eleven.  (i)  Discrimination  because  of race, color, creed or national origin prohibited.  (1) It shall be an unlawful discriminatory practice for any  volunteer fire department, fire company or fire corporation, through any member or members  thereof, directors, officers, members of a town board, board of fire commissioners or other body or office having power  of  appointment of  volunteer  firefighters in any fire department, fire company or fire corporation pursuant to this section, because of the race, creed, color, national origin, sex or marital status of any individual, to exclude  or to   expel   from  its  volunteer  membership  such  individual,  or  to discriminate against any of its members  because  of  the  race,  creed, color, national origin, sex or marital status of such volunteer members.  (2)  Any person claiming to be aggrieved by an unlawful discriminatory practice pursuant to this paragraph may by himself or  his  attorney  at law  make,  sign  and  file  with  the state division of human rights, a verified complaint which shall set forth the particulars of the  alleged unlawful  discriminatory  practice and contain such other information as the division of human rights may require. The division  shall  thereupon cause  to  be  made  an  investigation  and  disposition  of the charges pursuant to the provisions of article fifteen of the executive law.