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Guest 29-Indigo

HELP! Looking for a NYS Law

5 posts in this topic

I recently moved to another fire district, but want to remain a member of the one I am in, since I work there full time.

Isn't there a law that allows me to belong to my home department, but since I live in a new town I want to help them out when I can too.

Thanks for your help gents!

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I recently moved to another fire district, but want to remain a member of the one I am in, since I work there full time.

Isn't there a law that allows me to belong to my home department, but since I live in a new town I want to help them out when I can too.

Thanks for your help gents!

Pretty sure you need is a signed off letter from the Chief of the department where you are a member of, stating that they will cover you for insurance purposes, under a mutual aid agreement with the other department. Both Departments need to sign off on the letter.

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Pretty sure you need is a signed off letter from the Chief of the department where you are a member of, stating that they will cover you for insurance purposes, under a mutual aid agreement with the other department. Both Departments need to sign off on the letter.

Its been a long time since I've researched this (15 years) but I believe the issue revolves around benevolent and relief issues, not dual membership per se... I may be off however.

There are a few folks on this board who know the legalese of the issue and I'm sure they will opine at some point. I'd re title the thread so that it specifically refers to what you're looking for.

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Alot of it has to do with whos insurance you fall under if you get hurt. You can thank the lawyers for making it a difficult issue.

Edited by 38ff

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GENERAL MUNICIPAL LAW

§ 209-i. Emergency service by volunteer firemen. 1. Whenever a

volunteer fireman is within this state, but outside the area regularly

served by the fire company or fire department of which he is a member

and has knowledge of a fire or other emergency at or near the place

where he is for the time being, such volunteer fireman 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 services to assist such fire company or fire

department. After his services are so accepted, the volunteer fireman

shall then be entitled to all powers, rights, privileges and immunities

granted by law to volunteer firemen 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 firemen's benefit law.

Any such commanding officer shall have power, in his discretion, to so

accept the services of a volunteer fireman 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.

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 fireman

pursuant to this section shall be liable for the negligence of such

volunteer fireman while acting, after such acceptance and during the

time such services were rendered, in the discharge of his duties as a

volunteer fireman 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

assisted. If the fire company or fire department which has so accepted

the services of a volunteer fireman 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 chapter, 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 fireman" means a

"volunteer fireman" as such term is defined in section three of the

volunteer firemen's benefit law; the term "area regularly served" means

the home area of the volunteer fireman as described in subdivisions one,

two, three, four or five of section thirty of the volunteer firemen's

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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