2023 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  or  repealed  by the adoption of a subsequent resolution.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.