New York Laws
Article 10 - Fire Department
10-1006 - Volunteer Members of Village Fire Companies.

(1) who was recognized prior to the first day of July, nineteen
hundred fifty-four, as a volunteer member of any fire company of a
village subject to the provisions of this article by the board of
trustees or board of fire commissioners of the village or by the
officers and members of his fire company, and
(2) who rendered active service with such fire company prior to such
date, and
(3) who was, at the time of his or her nomination for membership, a
resident of the village or of territory outside of the village which was
afforded fire protection by the fire department of the village, or any
fire company thereof, pursuant to a contract for fire protection, shall
for all purposes in law be considered to have been duly nominated and
appointed to membership in such fire company as of the date of such
appointment, if any, and, if none, then as of the date of such
nomination; notwithstanding that there may have been some legal defect
in such nomination, or the proceedings precedent thereto, or a failure
of the board of fire commissioners or board of trustees to appoint such
member, as provided by law in force at the time of such nomination, and
the status of such person as a volunteer firefighter as of the date of
such appointment or nomination is hereby legalized, validated and
confirmed. An election to membership in a fire company shall be deemed
equivalent to a nomination for membership for the purposes of this
subdivision in the event that a formal nomination for membership was
never presented to a board of fire commissioners or board of trustees as
provided by the law in force prior to the first day of July, nineteen
hundred fifty-four, and, for the purposes of this subdivision, such

election, and the proceedings precedent thereto, shall be considered to
have been held and conducted in the manner required by law. This
subdivision shall not apply to a person, if any, whose volunteer
membership in a fire company was declared invalid by a court of
competent jurisdiction prior to the first day of January, nineteen
hundred fifty-five.
16. Any person:
(1) who was recognized on and 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 any fire company of a village subject
to the provisions of this article by the board of trustees or board of
fire commissioners of the village or by the officers and members of his
fire company, and
(2) who rendered active service with such fire company between such
dates, and
(3) who was, at the time of his or her election to membership, a
resident of the village or of territory outside the village which was
afforded fire protection by the fire department of the village, or any
fire company thereof, pursuant to a contract for fire protection, or who
was a non-resident who was elected to membership or who was continued as
a member, pursuant to the provisions of subdivisions five or six of this
section, shall for all purposes in law be considered to have been duly
elected and approved, or continued, as a member in such fire company as
of the date of such approval, 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 the
approval, if any, by the board of fire commissioners or the board of
trustees, and, if none, as of the date of authorization of continuance
by the fire company; notwithstanding that there may have been some legal
defect in such election, or the proceedings precedent thereto, or a
failure of the board of fire commissioners or board of trustees to
approve such member, 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 the date is hereby legalized, validated and confirmed. This
subdivision shall not apply to a person, if any, whose volunteer
membership in a fire company was disapproved by the board of trustees or
board of fire commissioners or declared invalid by a court of competent
jurisdiction prior to the first day of January, two thousand eleven.
17. (a) It shall be an unlawful discriminatory practice for any
volunteer fire department or fire company, through any member or members
thereof, officers, board of fire commissioners or other body or office
having power of appointment of volunteer firefighters in any fire
department or fire company 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.
(b) Any person claiming to be aggrieved by an unlawful discriminatory
practice pursuant to this section 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.
18. A person who has been convicted of arson in any degree shall not
be eligible to be elected or appointed as a volunteer member of a fire

company. The membership of any volunteer member of a fire company shall
immediately terminate if he is convicted of arson in any degree while a
member of a fire company.
19. Upon application by any person for membership in a fire company
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.