New York Laws
Article 11 - Fire, Fire Alarm and Fire Protection Districts
176 - Powers and Duties of Fire District Commissioners.

(1) the payments under contracts made pursuant to subdivisions twelve
and twenty-two of this section,
(2) the payments required under a lease to provide a supply of water
for fire fighting purposes entered into pursuant to subdivision twelve-a
of this section,
(3) the payment of the principal of and interest on bonds, bond
anticipation notes and capital notes issued by the fire district, and
budget notes issued pursuant to the provisions of subdivisions five, six
and seven of paragraph a of section 29.00 of the local finance law, and
interest on tax anticipation notes issued pursuant to the provisions of
paragraphs c-1 and c-2 of section 24.00 of the local finance law,
(4) the compensation of paid fire district officers, fire department
officers, firefighters and other paid personnel of the fire department,
(5) contributions to the New York state employees' retirement system
and the New York state and local police and fire retirement system on
account of past and current services of paid fire district officers and
employees, including the paid officers, firefighters and other personnel
of the fire department,
(6) an assessment, charge, share or other payment required to be paid
as the result of the participation by the fire district in any county

self-insurance plan under article five of the workmen's compensation
law,
(7) the cost of insurance secured to indemnify the fire district
against liability for benefits or compensation required to be paid or
furnished under or pursuant to the volunteer firefighters' benefit law
and workers' compensation law, or for the payment of the benefits or
compensation required to be paid or furnished under or pursuant to such
laws by a fire district which is a self-insurer under such laws, to the
extent that such benefits and compensation have not been recovered in
such fiscal year under section twenty of the volunteer firefighters'
benefit law or section twenty-nine of the workers' compensation law,
(7-a) the payment required annually to fund service awards to
volunteer firefighters made pursuant to article eleven-A of the general
municipal law,
(8) the cost of blanket accident insurance purchased under the
provisions of section four thousand two hundred thirty-seven of the
insurance law to insure volunteer firefighters against injury or death
resulting from bodily injuries sustained by such firefighters in the
performance of their duties,
(9) medical, surgical, hospital or other care or treatment and medical
inspections required in connection with the disability of paid fire
department personnel pursuant to section two hundred seven-a of the
general municipal law, to the extent, if any, that such charges will not
be paid by an insurance carrier or county self-insurance plan under the
workmen's compensation law or have not been recovered in such fiscal
year under such section two hundred seven-a or under section twenty-nine
of the workmen's compensation law,
(10) employer's contributions for old age and survivors insurance
coverage under article three of the retirement and social security law,
(11) the payment of the principal of and interest on indebtedness
evidenced by tax anticipation notes issued pursuant to subdivision one
of paragraph d of section 24.00 of the local finance law in relation to
newly-created fire districts under subdivision twenty-six of this
section, and
(12) the payment of compromised claims and judgments under
subdivisions twenty-eight and thirty of this section;
(13) the cost of insurance secured to indemnify the fire district
against liability arising out of the ownership, use or operation of
motor vehicles owned by the fire district; and
(14) the payment of monetary rewards pursuant to subdivision
thirty-one of this section.
(15) the cost of fuel for the fire district emergency vehicles,
including fuel tax carry-overs.
(16) the cost of audits required pursuant to section one hundred
eighty-one-a of this article.
(17) the cost of insurance secured to indemnify the fire district
against liability for benefits required to be paid or furnished pursuant
to the enhanced cancer disability benefit established in section two
hundred five-cc of the general municipal law, or for the payment of
benefits required to be paid or furnished pursuant to such law by a fire
district which is a self-insurer under such law.
In addition to such expenditures, the board of fire commissioners of any
fire district may, without the adoption of a proposition therefor,
expend from the first district revenues for any fiscal year for purposes
authorized by or pursuant to law not to exceed two thousand dollars and
in districts having a full valuation of real property taxable for fire
district purposes in excess of one million dollars an additional amount
equivalent to one mill for each dollar of full valuation of taxable real

property in excess of the first million dollars of full valuation of
such taxable real property. Such full valuation shall, for the purposes
of this subdivision, be computed by dividing the assessed valuation of
the real property subject to taxation by the fire district, as shown on
the assessment roll for the fire district which was completed in the
second calendar year prior to that in which the expenditure is to be
made, by the town equalization rate established for such roll by the
state board of equalization and assessment. Where, in the case of a
newly-created fire district, there is no such completed assessment roll
for such fire district, full valuation shall be determined from the
assessment roll upon which the real property included within the
district was assessed for town purposes and which was completed in the
second calendar year prior to that in which the expenditure is to be
made. In any fire district the foregoing limitations provided in this
subdivision may be exceeded if a proposition has been adopted pursuant
to paragraph (d) of subdivision one of section one hundred seventy-nine
of this chapter.
The foregoing limitations on expenditures shall not be applicable to
the proceeds of a contract for fire department services entered into
pursuant to the provisions of subdivision sixteen of this section and
such proceeds may be expended for purposes authorized by or pursuant to
law.
The foregoing limitations on expenditures shall not be applicable to
appropriations to or expenditures from a repair reserve fund,
contingency and tax stabilization reserve fund, capital reserve fund,
debt stabilization fund, workers' compensation reserve fund, mandatory
reserve fund, unemployment insurance reserve fund or liability and
casualty reserve fund established pursuant to sections six-d, six-e,
six-g, six-h, six-j, six-l, six-m and six-n of the general municipal
law, or to the use of the income and capital gains realized on the
investments of the assets of such funds.
The foregoing limitations on expenditures shall not be applicable to
the use of premiums from the sale of fire district obligations, the
unexpended portion of the proceeds of fire district obligations, the
income and capital gains realized on the temporary investment of the
proceeds, inclusive of premiums, of fire district obligations, as
provided in section 165.00 of the local finance law.
The foregoing limitations on expenditures shall not be applicable to
the use of the proceeds of a gift or gifts given to a fire district, and
such proceeds may be expended for purposes authorized by or pursuant to
law.
The provisions of this subdivision shall not be deemed to prevent the
issuance of bonds, bond anticipation notes, capital notes or budget
notes to finance any object or purpose for which the fire district may
expend money.
The foregoing limitation on expenditures shall not be applicable to
the use of insurance proceeds received for the loss, theft, damage or
destruction of real or personal property when proposed to be used or
applied to repair or replace such property. Such proceeds may be
appropriated by resolution of the board of fire commissioners at any
time for such objects and purposes.
The foregoing limitation on expenditures shall not be applicable to
contributions to the state's unemployment insurance fund on account of
salaries paid to fire district officers and employees, including the
paid officers, firefighters and other personnel of the fire department.
18-a. May employ such persons as may be necessary to effectuate the
objects and purposes of the district. Persons may be employed as paid
firefighters, however, only after a public hearing in relation to such

employment. Any such hearing shall be held by the board of fire
commissioners and the notice of the hearing shall state the time when
and place in the district where the hearing will be held, the number of
paid firefighters to be employed and the total annual amount to be spent
for the salaries or other compensation of such firefighters. The notice
shall be published in the official newspaper of the district at least
once not more than twenty nor less than ten days before the hearing.
19. Shall have the exclusive management and control of the property of
the fire district and may insure the same against loss or damage from
any risk whatsoever and may contract at the expense of the district for
insurance indemnifying the district, its officers, agents, employees and
the members of all fire companies against any loss arising from injuries
to persons or property through the operation and maintenance of such
fire district and the performance of the duties thereof and insure the
members of the fire department of the district against injury or death
in the performance of their duties, or both.
20. May grant or withhold its consent to the formation of a fire
corporation which intends to operate within the territory of such fire
district, pursuant to subdivision (f) of section four hundred four of
the not-for-profit corporation law.
21. Shall have and exercise all the powers conferred upon the fire
district and such additional powers as shall be necessarily implied
therefrom.
22. (a) May contract for the furnishing of fire protection within the
fire district with any city, village, fire district, or incorporated
fire company having its headquarters outside such fire district and
maintaining adequate and suitable apparatus and appliances for the
furnishing of fire protection in such district; provided there is no
fire company maintaining its headquarters in said district or provided
the fire department of said district is, in the judgment of such fire
commissioners, unable to render adequate and prompt fire protection to
such district or any area thereof. The contract also may provide for the
furnishing of (i) emergency service in case of accidents, calamities or
other emergencies in connection with which the services of firefighters
would be required and (ii) 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 and provision has not otherwise been
made for ambulance service for the area of the district pursuant to
section one hundred twenty two-b of the general municipal law 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.
(b)(i) Except as provided in subparagraph (ii) of this paragraph,
prior to commencing the negotiation process for such contract with an
incorporated fire company, the incorporated fire company shall file with
the board of fire commissioners 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.
(ii) The provisions of subparagraph (i) of this paragraph shall not
apply to the renewal of a contract when the contract is deemed renewed
in accordance with paragraph (e) of this subdivision. Upon good cause
shown, the board of fire commissioners may, by resolution, waive in
whole or in part the requirement that the fire company file the
statement, and copies of documents, required by subparagraph (i) of this
paragraph.
(c) The contract shall not be entered into until a public hearing has
been held by the board of fire commissioners. 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 thereof shall be at
least ten days prior to the day specified for the hearing.
(d) Except as hereinafter provided, 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.
(e) Instead of being for a definite term as hereinabove provided, 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 first 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 paragraph. Any contract
entered into pursuant to this paragraph may provide that in the month of
July of each year in which such a renewal could occur the fire district
secretary shall notify the secretary of the fire department or fire
company 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 first day of August that it
elects to terminate the contract on December thirty-first in such year.
(f) The contract shall specify a definite sum to be paid each year for
all of the services to be rendered thereunder and may provide that such
amount shall be paid in one sum or in installments.
(g) 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 (i) amended, (ii)
terminated, or (iii) terminated and a new contract may be entered into
in lieu thereof, if the board of fire commissioners, 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.
(h) The term "fire protection", as used in this subdivision, includes
inspections of buildings and properties in the fire district for the
purposes specified in and as authorized by section eight hundred seven-a
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.
(i) The provisions of this subdivision 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.
23. May sell or otherwise dispose of real and personal property of the
district no longer necessary for any of its uses or purposes if, when
and in the manner and to the extent authorized so to do in a proposition
which is duly submitted and adopted or approved at a special or annual
fire district election in the manner provided by section one hundred
seventy-nine of this article for voting upon appropriations, except that
if a proposition shall be submitted pursuant to the provisions of said
section for the purchase of apparatus or if a proposition shall be
submitted pursuant to the local finance law for the approval of a bond
resolution or a capital note resolution for obligations to be issued for
the purchase of apparatus, such proposition may specify that apparatus
or equipment owned by the district or the proceeds of the sale thereof
is to be used in part payment for new apparatus and the adoption of such
proposition shall authorize the sale or such other disposition of such
apparatus or equipment, or if apparatus or equipment is to be purchased
without the submission of a proposition as aforesaid apparatus or
equipment owned by the district may be used as part payment for new
apparatus or equipment without the adoption of a proposition therefor,
and except also that the board of fire commissioners may at any time
sell or otherwise dispose of real and personal property of the district
no longer necessary for any of its uses or purposes if valued at less
than one hundred thousand dollars but not below twenty thousand dollars,
if, when and in the manner and to the extent authorized so to do in a
resolution which shall be subject to a permissive referendum governed in
the manner provided in subdivision seven of section six-g of the general
municipal law and except also that the board of fire commissioners may
at any time sell or otherwise dispose of real and personal property of
the district no longer necessary for any of its uses or purposes without
the adoption of a proposition therefor if the value of such real and
personal property does not exceed the sum of twenty thousand dollars.
23-a. Shall award all contracts for public work and, except when the
office of director of purchasing has been established and a director of
purchasing shall have been appointed and qualified, all purchase
contracts to the lowest responsible bidder after advertisement for bids
where so required by section one hundred three of the general municipal

law. In any case of a purchase from a manufacturer of a motor vehicle
used for fighting fires, whether or not including apparatus used in
connection with such motor vehicle, having a period of probable
usefulness of ten years as determined by section 11.00 of the local
finance law, advertisement for sealed bids may be made and the purchase
contract may be awarded for such motor vehicle and apparatus with the
provision, if the board of fire commissioners shall so specify, that
progress payments be made to the manufacturer as the motor vehicle or
apparatus or both progresses, provided that evidence satisfactory to the
board of fire commissioners as to the progress of such work be produced
with each request by the manufacturer for a progress payment, and
further provided that such progress payments shall not exceed four in
number and that at least twenty-five per cent of the contract price of
the motor vehicle or apparatus or both be withheld by the board of fire
commissioners until such motor vehicle or apparatus or both are
delivered to and accepted by the board of fire commissioners, and
further provided that every such contract providing for progress
payments shall be accompanied by a surety bond of a property/casualty
insurance company, as defined in section one hundred seven of the
insurance law, for the completion of the work, specified in the
contract, within the amount stipulated therein, which bond shall be
filed with the board of fire commissioners.
24. May enter into an agreement with the town in which the fire
district is located in whole or in part for the fire district to issue
fire permits on behalf of the town as provided in and subject to the
provisions of sections one hundred thirty-nine and one hundred
seventy-six-a of this chapter and may terminate any such agreement as
provided in such section one hundred thirty-nine.
25. Shall have power to cause investigations to be made to determine
whether the provisions of laws relating to fire prevention and fire
equipment are being complied with within the fire district and, in case
there is found what appears to be a violation of any town building code
or of any town ordinances, rules and regulations for fire prevention, or
for the removal or repair of unsafe buildings or collapsed structures,
shall report the same to the town building inspector appointed pursuant
to section one hundred thirty-eight of this chapter, or, if there be no
such official, to the town board, for appropriate action.
26. The amount of any indebtedness incurred by a newly created fire
district prior to the first fiscal year for which an annual estimate is
adopted, and the amount of the interest thereon, shall be included in
the first statement of expenditures of the district submitted pursuant
to section one hundred eighty-one of this chapter and shall be assessed
and levied on the taxable property of such district and collected in the
same manner and at the same time as the other amounts included in such
statement of expenditures. The amount so raised shall not be subject to
the limitations of subdivision eighteen of this section.
27. Shall have power to establish within the fire district one or more
zones in which the rate of tax for fire district purposes shall be
different from the rate for other zones or for the portion of the
district not included in any zone, after a public hearing thereon. The
notice of such hearing shall be published and posted and such hearing
shall be held in the manner provided in this article for a hearing upon
the establishment of a fire, fire alarm or fire protection district upon
petition, except that the secretary of the board of fire commissioners
shall perform the duties of the town clerk. Such notice shall specify
the boundaries of the proposed zone or zones and the items of expense of
the district which shall be charged against such zone or zones, other
than those charged against the district as a whole, or the other

respects in which the rates of tax for the proposed zone or zones are to
be different from the rates for the remainder of the district. After
such hearing and upon the evidence given thereat, the board of fire
commissioners shall determine by resolution whether it be in the public
interest to establish the proposed zone or zones. If it be determined
that the establishment of such zone or zones be in the public interest,
such board shall determine whether all the property, property owners and
interested persons within the proposed zone or zones are benefited
thereby or enjoy benefits greater than are conferred upon the remainder
of the district, and whether all property or property owners benefited
or who enjoy such benefits are included within such zone or zones, and
it shall so alter the boundaries of such zone or zones that all property
and property owners and only such property and property owners as are
benefited and enjoy such benefits shall be included within the limits of
such zone or zones. In the event, however, that it is found that any
property, property owner or any interested persons not included in the
zone or zones as originally proposed will be benefited thereby or enjoy
such benefits, a further notice shall be posted and published and
another hearing held as provided herein, unless all said additional
property owners or interested persons affected file a written consent to
be included in such zone or zones. When the boundaries of such zone or
zones shall have been finally determined by such board, a certificate
thereof shall be filed in the office of the town clerk or, if the
district be situated in more than one town, in the offices of the town
clerks of all of the towns in which such district is situated, and such
zone or zones shall be deemed established by the filing of such
certificate. Such board shall also cause such zone or zones to be
correctly marked upon the map of the fire district. It is intended that
the provisions of this subdivision shall apply, for example, so as to
permit one rate of taxation within a given distance of the fire house,
where insurance rates are lower, and another rate for a greater distance
from the fire house, or one rate for that portion of the district which
does not have water hydrants and another rate for that portion of the
district which has water hydrants, or in the event of any other unusual
circumstances making the establishment of a zone or zones desirable.
After such zone or zones shall be established, the annual statement of
expenditures, filed pursuant to section one hundred eighty-one of this
chapter, shall specify the amounts to be raised by taxation in said zone
or zones, which are not to be a general charge against all of the
property of the fire district, and such amounts shall be levied only
upon the property included in such zone or zones. Notwithstanding any
other provision of this chapter, the petition for the creation of a fire
district may provide for the establishment of a zone or zones as
aforesaid, and the town board or boards in the creation of the fire
district may establish such separate zone or zones in the same manner
that they established the fire district, but the provisions relating to
the establishment of zones by the board of fire commissioners of a fire
district shall be followed so far as applicable. In case a petition for
the creation of a fire district calls for the establishment of such a
zone or zones, the notice of the public hearing with respect to the
creation of the fire district shall contain information similar to that
required to be contained in the notice given by the secretary of the
board of fire commissioners where the zone or zones are to be created by
the board of fire commissioners and the town board or boards shall have
all of the powers of a board of fire commissioners with respect to the
creation of such zone or zones. The board of fire commissioners of a
fire district in which a zone or zones shall have been established as
hereinbefore provided may alter the boundaries of any such zone or zones

or cause any such zone or zones to be abolished by procedure similar to
that provided in this section for the establishment of a zone or zones
by the board of fire commissioners.
28. May compromise any suits or claims now existing or hereafter
arising against the fire district under section two hundred five-b of
the general municipal law, and a tax may be levied against the taxable
property of the fire district for such purpose in addition to the sums
authorized by subdivision eighteen of this section, without the adoption
of a proposition therefor, provided, however, that such compromise shall
have been approved by the court in which such action is pending, or if
not pending in any court, by a justice of the supreme court of the
judicial district in which such fire district is located, on motion of
either party supported by the affidavits of both an officer of such fire
district and the claimant or claimants, and the affidavits of such other
persons as the court or justice may require, setting forth facts
sufficient to establish the liability of the fire district and its lack
of adequate defense.
29. May authorize the use of voting machines at any annual or special
election held within the fire district and such voting machine shall be
used in accordance with the provisions contained in article nine of the
election law.
30. May provide by taxation the sum necessary to pay any judgment
recovered against the fire district, or may provide such sum, in whole
or in part, pursuant to the local finance law and any taxes levied for
such purpose against the taxable property of the fire district shall be
in addition to the sums authorized by subdivision eighteen of this
section without the adoption of a proposition therefor.
31. May offer monetary rewards, in sums not to exceed one thousand
dollars, to individuals for information leading to the arrest and
conviction of any person or persons for felonies or misdemeanors
directly connected to vandalism or theft of district property. Such
rewards may be offered on any conditions the board may determine,
subject to whatever qualifications it may deem appropriate.
32. May engage a certified public accountant or public accountant to
audit the accounts and fiscal affairs of the fire district.
33. May authorize the use of fire equipment and apparatus belonging to
the fire district for the purpose of participation in the funeral of a
deceased member or former member of a fire department or fire company
within the district including the transportation of the body of the
deceased firefighter.
34. May adopt a resolution authorizing the application of the
agricultural value assessment established pursuant to article
twenty-five-AA of the agriculture and markets law to the special
assessment or special ad valorem levy made on behalf of the district on
land benefitting from the agricultural value assessment under article
twenty-five-AA of the agriculture and markets law located within the
district. A copy of this resolution shall be delivered to the assessor
or assessors of the unit or units in which the district is located and
shall be effective on the assessment roll prepared after the next
taxable statue date following its adoption. A resolution repealing this
exemption shall be delivered to the assessor or assessors of the
assessing unit or units in which the district is located and shall be
effective on the assessment roll prepared after the next taxable status
date following its adoption.

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