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Attorneys - Fire Protection and EMS
Gregory A. ScicchitanoBradley M. Pinsky

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The following are laws that regulate the fire and ambulance services. They are links to the NYS Assembly website and other government sites. We continually update this site to assist you in researching laws that impact your business.

DISCLOSURE: These citations might not be the most up to the minute versions of the statutes, as they are maintained by the government. These citations might not represent the complete laws of the topics under which they are categorized. Always consult your attorney for an accurate interpretation of the law.


LEARN ABOUT YOUR CORPORATION

Department of State - corporate status inquiry
Use this link to determine the exact legal name of your corporation, the date of incorporation, and whether the corporation is still listed as active.


IRS Tax Exempt Search
Use this link to determine if your corporation is recognized by the I.R.S. as being exempt from federal income tax. Many fire corporations are not actually exempt. If the exact name cannot be located, then type in only the town, city or village and the state.


FIRE DISTRICT STATUTES

Joint Fire Districts - village law sections
22-2210 Establishment of joint fire districts.

22-2212 Operation of joint fire districts in towns.


Joint Fire Districts
189-a. Procedure.

189-b. Sale of firehouse, land and apparatus.

189-c. Dissolution of existing district.

189-d. Establishment of district.

189-e. Management of affairs of joint fire districts.

189-f. Powers of board of commissioners.

189-g. Appointment of district treasurer.

189-h. Annual statement of expenditures and levy of taxes.

189-i. Fire protection.


Financing/Public Contract Related Statutes
100. Definitions.

100-a. Declaration of policy.

101. Separate specifications for certain public work.

102. Deposits on plans and specifications.

103. Advertising for bids; letting of contracts; criminal conspiracies.

103-a. Ground for cancellation of contract by municipal corporations and fire districts.

103-b. Disqualification to contract with municipal corporations and fire districts.

103-c. Removal of disqualification of public contractors by petition.

103-d. Statement of non-collusion in bids and proposals to political subdivision of the state.

103-e. Conspiracies to prevent competitive bidding on public contracts.

103-f. Security bonds; municipal projects.

104. Purchase through office of general services.

104-a. Purchasing of products for public use.

104-b. Procurement policies and procedures.

104-c. Disposal of surplus computer equipment.

105. Disposition of deposit accompanying bid.

106. Withdrawal of retained percentages.

106-a. Service charge for receiving, handling and disbursing funds and coupons.

106-b. Payment on public work projects.

107. Claims against political subdivisions; contractor`s undertaking.

108. Workmen`s compensation insurance on public works.

109. Assignment of public contracts.

109-a. Purchases through the office of general services by certain public associations.

109-b. Installment contracts.


Laws that regulate fire districts
172-e Change of name of fire district.

172-f. Resolution and hearing for diminution
of fire district boundaries.

172-g. Filing of determination.

173. Filing of determination.

174. Fire district officers.

175. Election of fire district officers.

175-a. Registration for voters.

175-b. Absentee ballots for fire district elections; special provisions.

176. Powers and duties of fire district commissioners.

176-a. Duties of chief and assistant chiefs of fire department of fire district.

176-b. Volunteer members of fire district fire companies.

176-d. Funding of fire districts.

177. Powers and duties of fire district treasurer.

177-b. Powers and duties of deputy fire district treasurers.

177-c. Powers and duties of the director of purchasing.

178. Powers and duties of fire district secretary.

178-a. Expenses incurred in attending town and county officers training school.

178-b. Expenses of the association of fire districts of the state of New York.

178-c. Expenses of fire district officers, officials and employees.

178-d. Costs, expenses and damages a fire district charge in certain cases.

179. Special district elections to vote upon appropriations.

180. Actions and proceedings against fire districts.

181. Annual statement of expenditures and levy of taxes.


NOT FOR PROFIT CORPORATION LAW SECTIONS

Sections governing: Member Issues
601. Members.

602. By-laws.

603. Meetings of members.

604. Special meeting for election of directors.

605. Notice of meeting of members.

606. Waivers of notice.

607. List or record of members at meetings.

608. Quorum at meeting of members.

609. Proxies.

610. Selection of inspectors at meetings of members; duties.

611. Qualification of voters; fixing record date to determine eligibility to vote; voting entitlement.

612. Limitations on right to vote.

613. Vote of members.

614. Action by members without a meeting.

615. Greater requirement as to quorum and vote of members.

616. Voting by class of members.

617. Cumulative voting.

618. Power of supreme court respecting elections.

619. Agreements by members as to voting.

620. Preemptive rights.

621. Books and records; right of inspection; prima facie evidence.

622. Infant members.

623. Members` derivative action brought in the right of the corporation to procure a judgment in its favor.


Sections governing: Directors and Officers
701. Board of directors.

702. Number of directors.

703. Election and term of office of directors; alternates.

704. Classification of directors.

705. Newly created directorships and vacancies.

706. Removal of directors.

707. Quorum of directors.

708. Action by the board.

709. Greater requirement as to quorum and vote of directors.

710. Place and time of meetings of the board.

711. Notice of meetings of the board.

712. Executive committee and other committees.

713. Officers.

714. Removal of officers.

715. Interested directors and officers.

716. Loans to directors and officers.

717. Duty of directors and officers.

718. List of directors and officers.

719. Liability of directors in certain cases.

720. Actions on behalf of the corporation.

720-a. Liability of directors, officers and trustees.

721. Nonexclusivity of statutory provisions for indemnification of directors and officers.

722. Authorization for indemnification of directors and officers.

723. Payment of indemnification other than by court award.

724. Indemnification of directors and officers by a court.

725. Other provisions affecting indemnification of directors and officers.

726. Insurance for indemnification of directors and officers.


Charities Reports Exemptions
See 8-1.4b which states that charities reports with the Attorney General's Office are not required to be filed for volunteer ambulance and fire corporations.


PUBLIC HEALTH LAW, ARTICLE 30

Article 30
This Article regulates ambulance service operations including certificates of need, REMACs, REMSCos, Program Agencies, and other issues.


Part 800 regulates ambulance operation
These regulations include ambulance services, EMTs and Do Not Resuscitate Orders.


Controlled Substance Regulations
These regulations control the use of controlled substances.


AMBULANCE DISTRICT STATUTES

These statutes govern ambulance districts
These statutes govern the creation and operation of ambulance districts. They also cover other "improvement districts" as well.


Ambulance District statutes
These additional statues also govern the formation and operation of ambulance disticts, and provide for the powers of the district commissioners


FIRE POLICE STATUTES

Fire Police Squads - Peace Officer Definitions
Paragraph 41: Definition of Fire Police Squads


Comptroller Opinion on Fire Police Squads
This opinion discusses when and how a member of a fire company becomes part of a fire police squad.


209-c: Fire Police Squads of Fire Companies
See 209-c for Fire Police Squads of Fire Companies


DRIVING/VEHICLE STATUTES

1104 (Authorized Emergency Vehicles)
Privileges of authorized emergency vehicles and qualified immunity of AEV's.


Definitions
Definitions of: ambulance, authorized emergency vehicle, county emergency medical service vehicle, emergency operation, fire vehicle, emergency ambulance service vehicle,


GENERAL FIRE LAWS

1402 (fire corporations)
This section regulates the municipality that can control a fire corporation, the "45%" rule of out of district memberships, the arson prohibition on membership, and other issues.


Sections 200 - 209 relate to numerous aspects of the paid and volunteer fire service
ARTICLE 10
FIREMEN AND POLICEMEN

Section 200. Defining qualifications of exempt volunteer firemen.

200-a. Volunteer firemen serving in more than one fire company or fire department.

200-b. Leaves of absence for volunteer firemen entering the armed forces of the United States prior to July first, nineteen hundred sixty-six.

200-c. Leaves of absence for volunteer firemen entering the armed forces of the United States on or after July first, nineteen hundred sixty-six.

201. Rights and privileges of exempt volunteer firemen.

202. Certificate to be issued to exempt volunteer firemen.

202-a. Recording certificates of exempt volunteer firemen.

203. List of exempt volunteer firemen 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-e. Unauthorized destruction of property.

204-f. Plan for hazardous materials incidents response.

205. Payments to injured or representatives of deceased volunteer firemen.

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 districts for the acts of volunteer firemen.

205-c. Payments pending controversies where volunteer firemen are killed or injured.

205-d. Relief from civil liability for acts or omissions by fire wardens in the city of New York.

206. Certificate to policemen and firemen; free transportation; use of telegraph lines and telephones.

206-a. Penalty for improper use of certificates.

206-b. Exemption of benefits payable under blanket accident insurance covering volunteer firemen.

207. Hospitalization of members of fire departments in certain cities.

207-a. Payment of salary, medical and hospital expenses of firemen with injuries or illness incurred in performance of duties.

207-b. Additional retirement benefits for certain firemen in cities.

207-c. Payment of salary, wages, medical and hospital expenses of policemen with injuries or illness incurred in the performance of duties.

207-d. Additional retirement benefits for certain policemen in cities and certain villages.
* NB There are 2 S 207-e`s

*207-e*. Minimum retirement benefits for firemen in cities and who are members of fire department pension or retirement systems maintained by such cities.
* NB There are 2 S 207-e`s

207-f. Ordinary death benefits of members of fire department systems of cities.

*207-h. Death benefits of members of certain fire department pension or retirement systems of cities.
* NB There are 2 S 207-h`s

*207-i*. Supplemental retirement allowances of retired firemen of cities.
* NB There are 2 S 207-i`s
* NB There are 2 S 207-k`s

*207-k*. Disabilities of policemen and firemen in certain cities.
* NB There are 2 S 207-k`s

207-kk. Disabilities of firefighters in certain cities caused by cancer.

207-m. Salary increases for heads of police departments of municipalities, districts or authorities.

207-n. Performance of duty disability retirement.

207-o. Performance of duty disability retirement.

207-p. Performance of duty disability retirement; police and fire department.

207-q. Firefighters; presumption in certain diseases.

208-b. Death benefits for beneficiaries of certain policemen and firemen.

208-c. Death benefits for dependent fathers or dependent mothers of certain policemen and firemen.

*208-d*. Compensation during disability.
* NB There are 3 S 208-d`s

208-f. Special accidental death benefit.

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.
* NB There are 2 S 209-aa`s

209-b. Emergency rescue and first aid squads.

209-bb. Specialized teams.

209-c. Fire police squads of fire departments and fire companies.

209-d. Contracts for outside service by volunteer fire departments and companies.

209-e. Fire mobilization and mutual aid plan.

209-g. Liability for outside aid.

209-i. Emergency service by volunteer firemen.

209-j. Mutual aid programs in counties.

209-l. Removal of volunteer officers and volunteer members of fire departments.

209-p. Relay of fire and emergency calls.

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-w. Permanent appointment of firefighters; completion of training program.

209-y. Establishment of hazardous materials emergency response teams.


SERVICE AWARD PROGRAMS (LOSAP)

Service Award Programs for Firefighters
214. Purpose.

215. Definitions.

216. Authorization to establish service
award programs for volunteer firefighters of political subdivisions of the state and for volunteer firefighters other than of political subdivisions of the state.

216-a. Authorization to establish service award programs for special fire companies and departments.

217. General requirements of a service award program.

218. Requirements and benefits under a defined contribution plan service award program.

219. Requirements and benefits under a defined benefit plan service award program.

219-a. Administration, reporting and disclosure.


VILLAGE FIRE DEPARTMENTS

Village Fire Department statutes
These laws regulate the specifics of village fire departments. The General Municipal Law is also applicable to village fire departments, so be sure to check those statutes.

10-1000 General powers of the board of fire commissioners.

10-1002 Rules and regulations.

10-1004 Organization of companies.

10-1006 Volunteer members of village fire companies.

10-1008 Incorporation of fire department.

10-1010 Election of company officers and delegates.

10-1012 Chief and assistant chiefs.

10-1014 Council of fire department.

10-1016 Annual meeting of fire department.

10-1018 Duties of chief and assistants.

10-1020 Abolition of fire department; employment of paid firemen.

10-1022 Fire inspection in contract areas.


Village contracts for fire protection
See Section 4-412(9) for ability of village to contract with different entities for fire protection.


OPEN MEETING LAWS/FREEDOM OF INFORMATION LAWS

Open Meetings Law
The Open Meetings Law governs notice of meetings, executive sessions, minutes of meetings, and exemptions from the law.


Freedom of Information Law
These laws govern access to records.


VOLUNTEER FIREFIGHTER BENEFIT LAW

Introduction to VFBL
Short Title; Purpose; Definitions; Miscellaneous
1. Short title.
2. Purpose.
3. Definitions.
4. Removal of civil liability barriers.


Coverage and Benefits
5. Coverage.
6. Volunteer firemen`s benefits; general.
7. Lt. Michael E. Neuner/Timothy Goff memorial death benefit program.
7-a. Date of death benefits.
8. Permanent total disability benefits.
9. Temporary total disability benefits.
10. Permanent partial disability benefits.
11. Temporary partial disability benefits.
11-a. Repair or replacement of prosthetic devices.
11-b. Hazardous exposures.
12. Non-schedule adjustments.
13. Reclassification of disabilities.
14. Previous disability.
15. Expense for rehabilitating injured volunteer firemen.
16. Treatment and care.
17. Aliens.
18. Disposition of accrued benefits upon death.
19. Exclusiveness of remedy.
20. Other remedies of volunteer firemen; subrogation.
21. Assistance to other states, the Dominion of Canada, property ceded to the federal government and to Indian reservations.
22. Revenues and benefits from sources other than this chapter.
23. Assignments, exemptions.
24. Waiver agreements void.
25. Limitation of time.


Liability for benefits/insurance
30. Liability for and payment of benefits.
31. The insurance contract.
32. Group insurance.
33. Lien for benefits.


Procedure
40. Notice of injury or death.
41. Claim for benefits.
42. Reports of injuries, claims and proceedings.
43. Determination of claims for benefits.
44. Presumptions.
45. Modification of awards, decisions or orders.
46. Appeals.
47. Costs and fees.
48. Representation before the workmen`s compensation board.
49. Benefits; how payable.
50. Payments pending controversies.
51. Fund for reopened cases.
52. Awards to nonresidents; nonresident compensation fund.
53. Enforcement of payment.
54. Aggregate trust fund.
55. Penalty for false representation.
56. Non-duplication of benefits.
57. Miscellaneous provisions.
58. Application of provisions of workmen`s compensation law.
59. Liberal construction.
60. Administrative expenses.
61. Death or disability due to disease or malfunction of heart or coronary arteries; claims and procedures.


Savings clause
70. References to workmen`s compensation law.
71. Effect of unconstitutionality in part.
72. Effective date


PROXIES AND DNRS

Orders Not To Resuscitate
Note article 2977 (Non-Hospital DNRs)

2960. Legislative findings and purpose.

2961. Definitions.

2962. Presumption in favor of resuscitation; lawfulness of order; effectiveness of order; duty to provide information; no duty to expand equipment.

2963. Determination of capacity to make a decision regarding cardiopulmonary resuscitation.

2964. Decision-making by an adult with capacity.

2965. Surrogate decision-making.

2966. Decision-making on behalf of an adult patient without capacity for whom no surrogate is available.

2967. Decision-making on behalf of a minor patient.

2968. Effect of order not to resuscitate on other treatment.

2969. Revocation of consent to order not to resuscitate.

2970. Physician review of the order not to resuscitate.

2971. Interinstitutional transfers.

2972. Dispute mediation system.

2973. Judicial review.

2974. Immunity.

2975. Effect of order not to resuscitate on insurance and health care services.

2976. Judicially approved order not to resuscitate.

2977. Nonhospital orders not to resuscitate.

2978. Regulations.

2979. Rights to be publicized.


Health Care Agents and Proxies
2980. Definitions.

2981. Appointment of health care agent; health care proxy.

2982. Rights and duties of agent.

2983. Determination of lack of capacity to make health care decisions for the purpose of empowering agent.

2984. Provider`s obligations.

2985. Revocation.

2986. Immunity.

2987. Liability for health care costs.

2988. Requiring or prohibiting execution of proxy.

2989. Effect on other rights.

2990. Proxies executed in other states.

2991. Creation and use of proxies in residential health care and mental hygiene facilities.

2992. Special proceeding authorized.

2993. Regulations.

2994. Rights to be publicized.


VOLUNTEER AMBULANCE WORKERS COMPENSATION LAW

Introductions and Definitions
1. Short title.

2. Purpose.

3. Definitions.


Liability for benefits, and other issues
30. Liability for and payment of benefits.

31. The insurance contract.

32. Group insurance.


Additional VAWBL Sections
5. Coverage.

6. Volunteer ambulance workers` benefits; general.

7. Death benefits.

7-a. Date of death benefits.

8. Permanent total disability benefits.

9. Temporary total disability benefits.

10. Permanent partial disability benefits.

11. Temporary partial disability benefits.

11-a. Repair or replacement of prosthetic
devices.

11-b. Hazardous exposures.

12. Nonschedule adjustments.

13. Reclassification of disabilities.

14. Previous disability.

15. Expense for rehabilitating injured volunteer ambulance workers.

16. Treatment and care.

17. Aliens.

18. Disposition of accrued benefits upon death.

19. Exclusiveness of remedy.

20. Other remedies of volunteer ambulance workers; subrogation.

21. Assistance to other states, the Dominion of Canada, property ceded to the federal government and to Indian reservations.

22. Revenues and benefits from sources other than this chapter.

23. Assignments, exemptions.

24. Waiver agreements void.

25. Limitation of time.


Procedures
40. Notice of injury or death.

41. Claim for benefits.

42. Reports of injuries, claims and proceedings.

43. Determination of claims for benefits.

44. Presumptions.

45. Modification of awards, decisions or orders.

46. Appeals.

47. Costs and fees.

48. Representation before the workers` compensation board.

49. Benefits; how payable.

50. Payments pending controversies.

51. Fund for reopened cases.

52. Awards to nonresidents; nonresident compensation fund.

53. Enforcement of payment.

54. Aggregate trust fund.

55. Penalty for false representation.

56. Non-duplication of benefits.

57. Miscellaneous provisions.

58. Application of provisions of workers` compensation law.

59. Liberal construction.

60. Administrative expenses.

61. Death or disability due to disease or malfunction of heart or coronary arteries; claims and procedures.


AMBULANCE BILLING

General Municipal Law Section 122-b
This section permits towns and fire districts to contract with ambulance services. User fees are discussed as well.


Comptroller opinion on ambulance billing
This opinion discusses whether ambulance services that contract with ambulance districts may impose user fees.


Medicare rules on billing
This is an adobe acrobat file from Medicare on the ambulance billing rules under Medicare.


Questions and Answers for Medicare Billing Issues
Medicare provides questions and answers to common issues under Medicare billing rules.


Final Federal Rule on Ambulance Billing
This is an adobe acrobat file for the final Medicare rules on Ambulance Billing.


Code of Federal Regulations for Ambulance Billing
The federal regulations on "Coverage of Ambulance Services" is contained here.


Code of Federal Regulations for Ambulance Billing
This link is to the CFR on coverage requirements for ambulance billing.


Code of Federal Regulations on final Medicare Billing Rule
This is the CFR (federal regulation) containing the Medicare Fee Schedule


CFR definitions section
This is the CFR section containing definitions as used in the ambulance fee schedule


CFR on basis of payment for ambulance fees
This is the federal regulation on the basis for ambulance charges.


Code of Federal Regulations Transition to Fee Schedule
This CFR lists the payment rates during the five year transition to the Medicare fee schedule.


CMS manual for new Medicare billing rules
These new rules take effect after July 2004. They are complicated but mandatory. They make substantial changes to the Medicare billing rules and reimbursements.


FOREIGN FIRE INSURANCE/2% FUNDS

Insurance laws 9104 & 9105
Laws regulating the foreign fire insurance/ "2% funds"


Comptroller opinion
Discusses whether foreign fire insurance tax monies received by a fire district treasurer may be used to pay expenses of softball, billiard and bowling teams of the fire district fire department, and to pay for expenses in connection with the fire department's annual fund-raising drive.


OSHA REGULATIONS FOR THE FIRE SERVICE

CFR 1910.156
This is the federal regulation on fire brigades.


OSHA Regulations for Fire Departments
These are the federal regulations governing "fire brigades". One New York court has held that the OSHA rules apply in New York. Thus, until that court decision is challenged, the current law is that New York based fire departments must follow the federal standards.


letter regarding training instructor requirements
This is an interpretation of the OSHA regulations regarding instructors of training.


Interpretation of OSHA training requirements
This is a letter from OSHA on an interpretation of a requirement for fire instructors.


Definition of Fire Brigades
1910.155(c)(18)

"Fire brigade" (private fire department, industrial fire department) means an organized group of employees who are knowledgeable, trained, and skilled in at least basic fire fighting operations.


Interpretation of OSHA's Fire Brigade Standard regarding SCBA
This is an interpretation of the regulations regarding SCBA in the fire service.


Facial Hair and SCBA
This is a letter regarding facial hair and SCBAs.


FIRE DEPARTMENT EVALUATION AND CONSULTING

Public Safety Management
PUBLIC SAFETY MANAGEMENT
CONTACT: 585-225-0152, Chief Harold Phillips

Emergency Service Consultants

Specializing in Fire Service Organization and Management


„Ï Feasibility Studies

„Ï Development of Organizational Goals &
Objectives

„Ï Development of SOP's

„Ï Assist local government and fire
departments in working to improve a
communities ISO rating.

„Ï Hazard Assessment of a community

Questions answered as a result of a fire departments organization assessment:

„Ï Need for a new fire station or to make
modifications to existing stations

„Ï What types of emergency apparatus does
the department need for today and for
the immediate future

„Ï Is the service being delivered to the
level of community expectation

„Ï Does the department have the leadership
and the manpower necessary to carry out
the service to the community they serve.


GAMES OF CHANCE

Games of Chance Statutes
These statutes regulate the games of chance engaged in by fire departments and other organizations. As with all other statutes, regulations also govern this section.


EDUCATION

MITIGATION JOURNAL -ALL HAZARDS POD CAST
EMS & FIRE POD CASTS


INDEPENDENT/TOWN CONTROLLED FIRE DEPT.

Statutes regulating fire protection districts and independent fire companies
Sections not addressed below, but included in the link, are not pertinent to this topic.

170. Establishment and extension of fire, fire alarm and fire protection districts.
171. Petition and hearing.
172-b. Consolidation of fire protection districts.
172-c. Alteration of boundaries of fire protection district.
172-d. Dissolution or alteration of boundaries of fire protection district when added to an adjoining fire district.
184. Fire protection districts.
185. Dissolution of fire, fire alarm and fire protection districts.