N.Y. General Municipal Law Section 205-F
Removal of civil liability barriers


1.

(a) Liability protection.

(1)

A fire company or political subdivision as defined in section three of the volunteer firefighters’ benefit law, including a person acting as an agent thereof, that acts reasonably in donating qualified fire control or fire rescue equipment to a volunteer fire company shall not be liable in civil damages under any state law for personal injuries, property damage, or death proximately caused after the donation by a defect in the equipment.

(2)

Any state or local agency, including a person acting as an agent of such an agency, that acts reasonably in administering the distribution of qualified fire control or fire rescue equipment to a volunteer fire company or political subdivision as defined in section three of the volunteer firefighters’ benefit law, shall not be liable for civil damages under any state law for personal injuries, property damage, or death proximately caused after the distribution by a defect in the equipment.

(b)

Exceptions to liability protection. Paragraph (a) of this subdivision shall not apply to a person or agency if:

(1)

the defect that proximately causes the injury, damage, or loss resulted from an act or omission of the person or agency, that constitutes malice, gross negligence, recklessness, or intentional misconduct;

(2)

the person or agency is the manufacturer of the qualified fire control or fire rescue equipment; or

(3)

the person or agency modified or altered the equipment after it had been recertified by an authorized technician as meeting the manufacturer’s specifications.

2.

For the purposes of this section the following words and phrases shall have the following meanings:

(a)

“Person” means any individual and any governmental or other entity.

(b)

“Qualified fire control or rescue equipment” means fire control or fire rescue equipment that has been recertified by an authorized technician as meeting the manufacturer’s specifications and has been distributed through a state or local agency to the volunteer fire company.

(c)

“Authorized technician” means a technician that has been certified by the manufacturer of fire control or fire rescue equipment to inspect such equipment. The technician need not be employed by the state or local agency administering the distribution of the fire control or fire rescue equipment.

Source: Section 205-F — Removal of civil liability barriers, https://www.­nysenate.­gov/legislation/laws/GMU/205-F (updated Sep. 22, 2014; accessed Dec. 21, 2024).

200
Defining qualifications of exempt volunteer firefighters
200‑A
Volunteer firefighters serving in more than one fire company or fire department
200‑AA
Training stipend for volunteer firefighters
200‑B
Leaves of absence for volunteer firefighters entering the armed forces of the United States prior to July first, nineteen hundred sixty-six
200‑C
Leaves of absence for volunteer firefighters entering the armed forces of the United States on or after July first, nineteen hundred sixt...
201
Rights and privileges of exempt volunteer firefighters
202
Certificate to be issued to exempt volunteer firefighter
202‑A
Recording certificates of exempt volunteer firefighter
203
List of exempt volunteer firefighters to be filed
204
Qualifications necessary to entitle to certain exemptions
204‑A
Raising of funds for fire company purposes
204‑B
Youth programs
204‑C
Plan for arson investigation
204‑D
Duties of the fire chief
204‑DD
Qualifications of a fire chief
204‑E
Unauthorized destruction of property
204‑F
Plan for hazardous materials incidents response
204‑G
Restrictions on the use of firefighting foam containing PFAS chemicals
205
Payments to injured or representatives of deceased volunteer firefighters
205‑A
Additional right of action to certain injured or representatives of certain deceased firefighters
205‑B
Relief of volunteer firefighters engaged in the performance of duty as such firefighters from civil liability and liability of fire distr...
205‑C
Payments pending controversies where volunteer firefighters are killed or injured
205‑CC
Volunteer firefighter enhanced cancer disability benefits
205‑D
Relief from civil liability for acts or omissions by fire wardens in the city of New York
205‑E
Right of action to certain injured or representatives of certain deceased police officers
205‑F
Removal of civil liability barriers
205‑G
Defense and indemnification of volunteer firefighters
206
Certificate to police officers and firefighters
206‑A
Penalty for improper use of certificates
206‑B
Exemption of benefits payable under blanket accident insurance covering volunteer firefighters
207
Hospitalization of members of fire departments in certain cities
207‑A
Payment of salary, medical and hospital expenses of firefighters with injuries or illness incurred in performance of duties
207‑B
Additional retirement benefits for certain firefighters in cities
207‑C
Payment of salary, wages, medical and hospital expenses of police officers with injuries or illness incurred in the performance of duties
207‑D
Additional retirement benefits for certain police officers in cities and certain villages
207‑E
Minimum retirement benefits for police officers in cities and who are members of police pension or retirement systems maintained by such ...
207‑E*2
Minimum retirement benefits for firefighters in cities and who are members of fire department pension or retirement systems maintained by...
207‑F
Ordinary death benefits of members of fire department systems of cities
207‑G
Ordinary death benefits of members of police retirement systems
207‑H
Death benefits of members of certain fire department pension or retirement systems of cities
207‑H*2
Death benefits of members of certain police pension systems
207‑I
Temporary supplemental retirement allowances for certain police officers
207‑I*2
Supplemental retirement allowances of retired firefighters of cities
207‑II
Payment of supplemental retirement allowances of retired police officers and firefighters of certain cities
207‑J
Supplemental pension allowances of certain retired teachers of cities
207‑K
Disabilities of policemen and firemen in certain cities
207‑K*2
Disabilities of policemen and firemen in certain cities
207‑KK
Disabilities of firefighters in certain cities caused by cancer
207‑KKK
Disabilities of firefighters in certain cities caused by Parkinson’s Disease
207‑L
Temporary supplemental retirement allowances for certain police officers in towns and villages
207‑N
Performance of duty disability retirement
207‑O
Performance of duty disability retirement
207‑O*2
Disabilities of members of the uniformed force of correction departments in certain cities
207‑P
Performance of duty disability retirement
207‑Q
Firefighters
207‑Q*2
Disabilities of emergency medical technicians or advanced emergency medical technicians in certain cities
208
Members of police force to have one day rest in seven
208‑A
School guards
208‑B
Death benefits for beneficiaries of certain police officers and firefighters
208‑C
Death benefits for dependent fathers or dependent mothers of certain police officers and firefighters
208‑D
Extra work by members of certain police forces
208‑D*2
Compensation during disability
208‑D*3
Extra work by members of a police force in cities
208‑E
Extra work by members of certain police forces
208‑F
Special accidental death benefit
208‑G
Community activity by members of a police force
208‑H
Cardiopulmonary resuscitation training and retraining for police departments in cities having a population of one million or more 1
209
Outside service by local fire departments, companies, ambulance districts and airport crash-fire-rescue units
209‑A
Relations with other states and the dominion of Canada
209‑AA
Paid leave for disaster service volunteers
209‑AA*2
Appointment of private college campus security officers at independent non-profit colleges
209‑B
Emergency rescue and first aid squads
209‑BB
Specialized teams
209‑C
Fire police squads of fire departments and fire companies
209‑CC
Notification of presence of wild animals and dangerous dogs
209‑D
Contracts for outside service by volunteer fire departments and companies
209‑DD
Discovery of unlawful drug laboratory
209‑E
Fire mobilization and mutual aid plan
209‑EE
Adoption of a code of ethics and disclosure of interests by fire companies
209‑F
Outside service by local police forces
209‑FF
Provisions relating to certain accidental disability benefits
209‑FFF
Provisions relating to a membership date in the New York city police pension fund attributable to service in the titles of police cadet p...
209‑G
Liability for outside aid
209‑I
Emergency service by volunteer firefighters
209‑J
Mutual aid programs in counties
209‑L
Removal of volunteer officers and volunteer members of fire departments
209‑M
Outside service by local police
209‑P
Relay of fire and emergency calls
209‑Q
Permanent appointment of police officers
209‑R
Police protection
209‑S
Contracts between municipalities and fire districts for joint fire training centers
209‑T
Contracts for joint fire alarm systems
209‑U
Notification of presence of hazardous materials
209‑V
Employment of retired persons as special patrolmen for publicly owned property
209‑W
Permanent appointment of fire fighters
209‑X
Training of certain paid city firefighters promoted to a first-line supervisory position
209‑Y
Establishment of hazardous materials emergency response teams
209‑Z
Annual independent audits

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 205-F’s source at nysenate​.gov

Link Style