New York Laws
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or repealed by the adoption of a subsequent resolution.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.

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