2023 New York Laws › CVS - Civil Service › Article 4 - Recruitment of Personnel › Title A - Examinations and Eligible Lists › 58-A - Requirements for Provisional or Permanent Appointment of Certain Fire Fighters.

§ 58-a. Requirements  for  provisional  or  permanent  appointment  of
certain fire fighters. 1. Notwithstanding any other  provision  of  this
law  or  any  general,  special  or local law to the contrary, no person
shall be eligible  for  provisional  or  permanent  appointment  in  the
competitive  class  of  the civil service as a fire fighter unless he or
she shall satisfy the  basic  requirements  for  education,  health  and
physical fitness established by the state fire administrator pursuant to
section one hundred fifty-eight of the executive law.
2.  Notwithstanding the provisions of subdivision one of this section,
upon the request of a municipal commission having  jurisdiction  over  a
fire  department  and  upon a showing by such municipal commission and a
determination  by  the  state  commission  that  aggravated  recruitment
difficulties  are  causing  a  serious shortage of fire fighters in such
fire department and that such municipal commission and  all  appropriate
authorities  are  making diligent efforts, including payment of adequate
compensation, to  overcome  such  recruitment  difficulties,  the  state
commission,  with  the  approval  of  the  state fire administrator, may
change the educational, health and  physical  fitness  requirements  for
provisional  and  permanent  appointment  as a fire fighter in such fire
department for a period not exceeding two years from the  date  of  such
determination.  Such  changes may be authorized for an additional period
not exceeding two years, upon a showing and a determination  similar  to
that required hereunder for the original authorization.
3.  The provisions of this section shall not prevent the establishment
of  more  restrictive  local  requirements  for  eligibility  for   fire
fighters.
4.  For  the purposes of this section fire fighter means a member of a
fire department whose duties include fire service  as  the  phrase  fire
service is defined in paragraph d of subdivision eleven of section three
hundred two of the retirement and social security law.
5.  Any  person  whose name was on an eligible list for appointment in
the competitive class of the civil service as a fire fighter on the date
educational, health and physical fitness requirements for fire  fighters
are  promulgated by the state fire administrator pursuant to section one
hundred fifty-eight of the  executive  law,  shall  continue  to  remain
eligible  for  appointment  from  such list during the life of such list
without satisfying such requirements provided he or she would  otherwise
have  remained  eligible  for appointment from such list if this section
had not been enacted.
6. The provisions of this section shall not apply to appointments made
by any county, city, town, village or fire district which  employs  five
or fewer fire fighters.
7.  Notwithstanding  any  other  provision of this law or any general,
special or local law to the contrary, no person shall  be  eligible  for
provisional  or  permanent  appointment as a fire chief other than those
chiefs employed by a fire department of cities with a population of  one
million or more unless he or she shall:
(a)  satisfy the basic requirements for education, health and physical
fitness established by the state fire administrator pursuant to  section
one hundred fifty-eight of the executive law; and
(b)  has  successfully  completed  training and education requirements
established by the state fire administrator.