2023 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. Any such contract with any such
ambulance service permitted herein shall be subject to the provisions of
this section.
* NB Effective until April 9, 2026
* 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.
* NB Effective April 9, 2026
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.