N.Y. General Municipal Law Section 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 Any such resolution shall continue in effect until amended or repealed by the adoption of a subsequent resolution.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 Executive Law § 837-O (Search for arson and sex offense conviction records of volunteer firefighter applicants)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 § 205-B (Relief of volunteer firefighters engaged in the performance of duty as such firefighters from civil liability and liability of fire distr...)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.

Source: Section 209-I — Emergency service by volunteer firefighters, https://www.­nysenate.­gov/legislation/laws/GMU/209-I (updated Jan. 11, 2019; accessed Dec. 2, 2023).

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. 2, 2023

Last modified:
Jan. 11, 2019

§ 209-I’s source at nysenate​.gov

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