FIRE DEPARTMENT LAW AND MANAGEMENT RESOURCE MANUAL

THE ONLY MANUAL WITH EVERYTHING YOU NEED TO KNOW TO MANAGE A FIRE DEPARTMENT

Designed to assist fire departments and municipalities with:

* drafting bylaws
* drafting policies
* complying with laws and regulations
* protecting officers and directors

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TABLE OF CONTENTS

1. CORPORATE COMPLIANCE CHECK LIST

2. OVERVIEW
TYPES OF FIRE COMPANIES
MUNICIPAL CONTROL OF FIRE DEPARTMENTS AND FIRE COMPANIES
FIRE DISTRICTS VS. FIRE PROTECTION DISTRICTS
JOINT FIRE DISTRICTS
TOWN FIRE DISTRICTS
TOWN OWNED FIRE DEPARTMENTS
FUNDING FIRE DEPARTMENTS
DUTY TO PROVIDE FIRE PROTECTION
POWER OF RESIDENTS TO PETITION FOR FIRE PROTECTION

3. CONTRACTS FOR FIRE PROTECTION
POWER TO CONTRACT FOR FIRE PROTECTION
AD VALOREM TAXES
TAX RATES
TOWN CONTRACTS
VILLAGE, CITY AND FIRE DISTRICT CONTRACTS
TOWN CONTRACTS FOR FIRE PROTECTION
VILLAGE CONTRACTS FOR FIRE PROTECTION
PUBLIC HEARING ON CONTRACT
SAMPLE NOTICE OF PUBLIC HEARING FOR TOWNS AND VILLAGES
LENGTH OF CONTRACT IN CITIES AND VILLAGES
LENGTH OF CONTRACT IN FIRE PROTECTION DISTRICTS AND FIRE DISTRICTS
RIGHT OF FIRE COMPANIES NOT TO RENEW CONTRACT
AMENDMENTS OF CONTRACTS
ASSIGNMENT OF CONTRACT PROHIBITED
PAYMENT OF CONTRACT FEE IN ADVANCE OF SERVICE
PROVISION OF VOLUNTEER FIREFIGHTERS BENEFIT LAW COVERAGE IN CONTRACT
CONSENT OF FIRE COMPANY TO CONTRACT REQUIRED
CONTRACT TERMS THAT BENEFIT FIRE COMPANY
MULTIPLE FIRE COMPANIES SERVING ONE DISTRICT
CONTRACTS WITH INDIAN NATIONS
SENECA NATION TO PROVIDE FIRE PROTECTION

4. CONTRACTS FOR AMBULANCE SERVICES
FIRE DEPARTMENT AMBULANCE SERVICES
MEMBERSHIP IN AN EMERGENCY RESCUE AND FIRST AID SQUAD
REVIEW THE CERTIFICATE OF INCORPORATION
OPERATING AUTHORITY OF FIRE DEPARTMENT AMBULANCE SERVICES
EMERGENCY VS. GENERAL AMBULANCE SERVICES
GENERAL AMBULANCE SERVICES AUTHORIZED WITHIN HOME TERRITORY OF DEPARTMENT
CONTRACTS FOR AMBULANCE SERVICE OUTSIDE HOME TERRITORY OF DEPARTMENT
PERMITTED CONTRACTS FOR AMBULANCE SERVICES
CHART OF PERMITTED AMBULANCE SERVICE CONTRACTS
LIMITATIONS OF TRANSPORTATION DISTANCES AND LOCATIONS
FEES AND CHARGES FOR FIRE DEPARTMENT AMBULANCE SERVICES PROHIBITED
CONSENT REQUIRED FOR GENERAL AMBULANCE SERVICES
PUBLIC HEARING REQUIRED ON CONTRACT FOR GENERAL AMBULANCE SERVICES
POST HEARING DETERMINATION
FIRE DEPARTMENT AMBULANCE MUTUAL AID AGREEMENTS

5. FORMING AND ALTERING DISTRICTS
ESTABLISHING OR EXTENDING A FIRE PROTECTION DISTRICT ON TOWN’S OWN MOTION
EXTENDING A FIRE PROTECTION DISTRICT IN ADIRONDACK PARK
ESTABLISHING OR EXTENDING A FIRE DISTRICT ON TOWN’S MOTION
EXTENDING A FIRE DISTRICT SITUATED IN A VILLAGE
PETITION TO ESTABLISH OR EXTEND FIRE PROTECTION DISTRICT OR FIRE DISTRICT
HEARING AFTER PETITION FOR ESTABLISHMENT OR EXTENSION OF FIRE PROTECTION DISTRICT OR FIRE DISTRICT
TOWN BOARD CONSIDERATION AFTER PUBLIC HEARING ON PETITION TO ESTABLISH OR EXTEND FIRE PROTECTION DISTRICT OR FIRE DISTRICT
SAMPLE RESOLUTION OF FIRE COMMISSIONERS TO EXTEND FIRE DISTRICT
CONSOLIDATION OF ADJOINING FIRE DISTRICTS
CONSOLIDATION OF FIRE PROTECTION DISTRICTS
ALTERING FIRE PROTECTION DISTRICT BY EXCLUDING PORTION OF DISTRICT
CONTRACTS FOR FIRE PROTECTION IN EXCLUDED PORTION OF FIRE PROTECTION DISTRICT
ESTABLISHING FIRE DISTRICT IN PLACE OF FIRE PROTECTION DISTRICT
DISSOLVING FIRE PROTECTION DISTRICTS
PETITION TO DISSOLVE A FIRE PROTECTION DISTRICT
DISSOLUTION OF FIRE PROTECTION DISTRICT BY TOWN
DISSOLUTION OF FIRE PROTECTION DISTRICT SITUATED IN MORE THAN ONE TOWN
ESTABLISHING FIRE DISTRICT IN PLACE OF FIRE PROTECTION DISTRICT
PETITION TO DISSOLVE FIRE DISTRICT
DISSOLVING FIRE DISTRICT UPON TOWN MOTION
DISSOLVING FIRE DISTRICTS AND FIRE PROTECTION DISTRICTS LOCATED IN VILLAGE
ALTERING BOUNDARIES OF FIRE DISTRICT
FORM FOR AUTHENTICATING PETITIONS AS REQUIRED BY ELECTION LAW
ACKNOWLEDGMENT FORM FOR PETITIONS, ALTERNATE FORM
FORMING JOINT FIRE DISTRICT IN TOWNS AND VILLAGES

6. FIRE DISTRICT FIRE DEPARTMENTS
POLICIES OF A FIRE DISTRICT
ELECTION OF MEMBERS
ARSON CONVICTION PROHIBITS MEMBERSHIP
RESIDENCY REQUIREMENTS OF NEW MEMBERS
LIMITATION OF NUMBER OF NON-RESIDENT FIREFIGHTERS
APPROVAL OF MEMBERSHIP BY FIRE COMMISSIONERS
RESTRICTION OF NEW MEMBERS’ ACTIVITIES
LEGISLATIVE APPROVAL OF MEMBERSHIP
CERTAIN DISCRIMINATION PROHIBITED
SUMMARY OF STEPS TO TAKE FOR APPROVAL INTO MEMBERSHIP
SAMPLE FIRE DISTRICT RESOLUTION FOR APPROVAL OF NEW MEMBER
RESIDENCY REQUIREMENTS WHEN A MEMBER MOVES
TERMINATION OF MEMBERSHIP UPON FAILURE TO MEET RESIDENCY REQUIREMENTS
FIRE DISTRICT MAY IMPOSE RESIDENCY REQUIREMENTS
FIRE DISTRICTS ADJOINING OTHER STATES
TEMPORARY ABSENCE FROM FIRE DISTRICT TERRITORY
PRIVILEGES OF NON-NEW YORK STATE RESIDENT MEMBERS
LIMIT OF MEMBERSHIP TO ONE FIRE COMPANY OR DEPARTMENT
FIRE DISTRICTS APPROVE CHIEFS AND ASSISTANT CHIEFS
POWERS OF CHIEFS IN FIRE DISTRICTS
EXPENSE REIMBURSEMENT OF COMMISSIONERS, EMPLOYEES AND DISTRICT OFFICERS
REIMBURSEMENT FOR ATTENDANCE AT CONFERENCES
REIMBURSEMENT FOR ATTENDING TRAINING

7. CONTROL OF “INDEPENDENT” FIRE DEPARTMENTS BY A TOWN
TOWN CONTROLLED FIRE DEPARTMENTS
INCORPORATION OF TOWN CONTROLLED FIRE DEPARTMENTS
ELECTION OF NEW MEMBERS
ARSON CONVICTION PROHIBITS MEMBERSHIP
RESIDENCY REQUIREMENTS OF NEW MEMBERS
LIMITATION OF NUMBER OF NON-RESIDENT FIREFIGHTERS
APPROVAL OF MEMBERSHIP BY TOWN BOARD
RESTRICTION OF NEW MEMBERS’ ACTIVITY UNTIL APPROVED BY TOWN
LEGISLATIVE APPROVAL OF MEMBERSHIP
CERTAIN DISCRIMINATION PROHIBITED
SUMMARY OF STEPS TO TAKE FOR APPROVAL INTO MEMBERSHIP
SAMPLE TOWN RESOLUTION FOR APPROVAL OF NEW MEMBER
REQUIREMENTS WHEN A MEMBER MOVES OUT OF DISTRICT
TERMINATION OF MEMBERSHIP UPON FAILURE TO MEET RESIDENCY REQUIREMENTS
TOWN MAY IMPOSE RESIDENCY REQUIREMENTS
TOWNS ADJOINING OTHER STATES
TEMPORARY ABSENCE FROM PROTECTION DISTRICT
PRIVILEGES OF NON-NEW YORK STATE RESIDENT MEMBERS
LIMIT OF MEMBERSHIP TO ONE FIRE COMPANY OR DEPARTMENT
TOWN MAY CREATE RULES AND REGULATIONS
TOWN MUST CONSENT FOR MEMBERS TO ATTEND A FUNERAL

8. VILLAGE FIRE DEPARTMENTS
LOCATION OF FIRE COMPANY SUBJECTS IT TO CONTROL BY VILLAGE
CONTROL OF A VILLAGE FIRE DEPARTMENT
POWERS OF THE VILLAGE BOARD
VILLAGE BOARD GOVERNS WHEN THERE IS NO BOARD OF FIRE COMMISSIONERS
COUNCIL OF THE FIRE DEPARTMENT
POWERS OF THE COUNCIL OF THE FIRE DEPARTMENT
LIMITATIONS OF THE COUNCIL OF THE FIRE DEPARTMENT
BOARD OF FIRE COMMISSIONERS
POWERS OF THE BOARD OF FIRE COMMISSIONERS
PERMITTED EXPENSES OF A VILLAGE FIRE DEPARTMENT
REIMBURSABLE EXPENSES OF FIRE CHIEF
REIMBURSEMENT FOR ATTENDING TRAINING
REIMBURSEMENT FOR ATTENDANCE AT CONFERENCES
CREATION OF FIRE COMPANIES
ELECTION OF MEMBERS
RESIDENCY REQUIREMENTS
LIMITATION OF NUMBER OF NON-RESIDENT FIREFIGHTERS
APPROVAL OF MEMBERSHIP
PROHIBIT ACTIVITY OF NEW MEMBERS UNTIL APPROVAL BY BOARD
LEGISLATIVE APPROVAL OF MEMBERSHIP
CERTAIN DISCRIMINATION PROHIBITED
SUMMARY OF STEPS TO TAKE FOR APPROVAL INTO MEMBERSHIP
SAMPLE VILLAGE RESOLUTION FOR APPROVAL OF NEW MEMBER
REQUIREMENTS WHEN A MEMBER MOVES
FAILURE OF MEMBER TO MEET RESIDENCY REQUIREMENTS
VILLAGE MAY IMPOSE RESIDENCY REQUIREMENTS
VILLAGES ADJOINING OTHER STATES
TEMPORARY ABSENCE FROM VILLAGE
PRIVILEGES OF NON-NEW YORK STATE RESIDENT MEMBERS
LIMIT OF MEMBERSHIP TO ONE FIRE COMPANY OR DEPARTMENT
ANNUAL MEETING OF THE VILLAGE FIRE DEPARTMENT
ELECTION OF CHIEFS, LINE OFFICERS, WARDENS AND DELEGATES
RESIDENCY OF CHIEFS AND LINE OFFICERS
TERMS OF OFFICE OF CHIEFS AND LINE OFFICERS
TERMS OF OFFICE OF WARDENS AND DELEGATE TO CONVENTION
VACANCIES IN OFFICES OF WARDENS AND DELEGATES
NOMINATION OF CHIEFS AND ASSISTANT CHIEFS
DISPENSING WITH THE GENERAL CONVENTION
NOMINATING UTILIZING THE GENERAL CONVENTION
CONFIRMATION OF NOMINATIONS BY VILLAGE
DUTIES AND POWERS OF CHIEFS AND ASSISTANT CHIEFS
FIRE INSPECTION BY A VILLAGE FIRE DEPARTMENT
DISCIPLINE OF MEMBERS AND OFFICERS
ARSON CONVICTIONS PROHIBIT MEMBERSHIP
CONFLICTS IN OFFICES AND VILLAGE BOARD POSITIONS
ABOLITION OF THE VILLAGE FIRE DEPARTMENT
EMPLOYMENT OF PAID FIREFIGHTERS
FUND RAISING BY VILLAGE FIRE COMPANY

9. CITY FIRE DEPARTMENTS
RESIDENCY REQUIREMENTS OF NEW MEMBERS IN CITY CONTROLLED FIRE DEPARTMENT
LIMITATION OF NUMBER OF NON-RESIDENT FIREFIGHTERS
APPROVAL OF MEMBERSHIP BY CITY
PROHIBIT ACTIVITIES OF NEW MEMBERS UNTIL MEMBER APPROVED BY CITY
LEGISLATIVE APPROVAL OF MEMBERSHIP
CERTAIN DISCRIMINATION PROHIBITED
SUMMARY OF STEPS TO TAKE FOR APPROVAL INTO MEMBERSHIP
SAMPLE FIRE DISTRICT RESOLUTION FOR APPROVAL OF NEW MEMBER
RESIDENCY REQUIREMENTS WHEN A MEMBER MOVES
TERMINATION OF MEMBERSHIP UPON FAILURE TO MEET RESIDENCY REQUIREMENTS
CITY MAY IMPOSE RESIDENCY REQUIREMENTS
REIMBURSEMENT FOR ATTENDING TRAINING
REIMBURSEMENT FOR ATTENDANCE AT CONFERENCES
ANNUAL INSPECTION DINNERS

10. BYLAWS OF THE FIRE DEPARTMENT
MUNICIPALITY DOES NOT CONTROL BYLAWS
CHECKLIST OF ISSUES TO ADDRESS IN BYLAWS
GENERAL ISSUES
MEMBER ISSUES
DIRECTOR ISSUES
EXECUTIVE OFFICER ISSUES
CHIEF AND LINE OFFICER ISSUES
AGENTS & COMMITTEES

11. THE NOT-FOR-PROFIT CORPORATION LAW AND BYLAW MATTERS
INCORPORATION
CHECK THE EXISTENCE AND “ACTIVE” STATUS OF CORPORATION WITH THE STATE
CONFIRM THE CORRECT NAME OF THE CORPORATION
POWERS OF A NOT-FOR-PROFIT CORPORATION
RESTRICTION OF ACTIVITIES TO CORPORATE PURPOSES
PROFITS MAY NOT BE DISTRIBUTED
STRUCTURE OF THE CORPORATION

12. MEMBERSHIP ISSUES OF FIRE COMPANIES
ACTIVE MEMBERS
INACTIVE MEMBERS
LIFE MEMBERSHIP
MEMBERS UNDER THE AGE OF 18 YEARS
AVOID UNAUTHORIZED ACTS
NOTICE OF REGULAR AND SPECIAL MEMBER MEETINGS
BYLAWS DO NOT PROVIDE PROPER NOTICE OF MEMBER MEETINGS
WAIVER OF NOTICE OF MEMBER MEETINGS
ATTENDANCE OF A MEMBER MAY SERVE AS WAIVER
QUORUM OF MEMBERS FOR A MEMBER MEETING
APPROVAL OF ACTION BY MEMBERS
LIMITATION OF THE RIGHT TO VOTE
LIST OF MEMBERS ENTITLED TO VOTE REQUIRED
RECORD DATE FOR DETERMINING VOTING ELIGIBILITY
MEMBERS MAY ONLY HAVE ONE VOTE
LIMITATION ON VOTING RIGHTS
PROXY VOTING
ACTION OF MEMBERS WITHOUT A MEETING
ABSENTEE BALLOTS NOT PERMITTED BY LAW
POLLING STATIONS NOT PERMITTED
ROBERT’S RULES OF ORDER
APPEALS OF MEMBER ELECTIONS
MEMBER COMMITTEES

13. ADMISSION OF MEMBERS
NO PERSON HAS A RIGHT TO MEMBERSHIP
MEMBERSHIP REQUIREMENTS PERMITTED
APPLICANTS CONVICTED OF ARSON
MEMBERSHIP PERMITTED IN ONLY ONE FIRE DEPARTMENT OR FIRE COMPANY
PROBATIONARY PERIOD PERMITTED
ADDITIONAL VOTE AFTER PROBATIONARY PERIOD
SAMPLE BYLAW PROVISION ON PROBATIONARY PERIOD

14. YOUTH MEMBERS AND JUNIOR MEMBERS
RECKLESS ENDANGERMENT OF A MINOR
YOUTH PROGRAMS
BOY SCOUT EXPLORER PROGRAMS
MODEL BYLAW PROVISIONS

15. AUXILIARIES
DOES THE FIRE COMPANY DESIRE AN AUXILIARY?
NOT FOR PROFIT AND EXEMPT STATUS OF AUXILIARIES
DETERMINE WHETHER THE AUXILIARY IS INCORPORATED, TAX EXEMPT AND INSURED
AUXILIARY MEMBERS RESPONDING TO EMERGENCIES
EXISTENCE OF AN AUXILIARY WITHIN A FIRE DEPARTMENT
PROPOSED BYLAW FOR AUXILIARY AS A COMMITTEE OF FIRE COMPANY

16. THE BOARD OF DIRECTORS AND EXECUTIVE OFFICERS
MANAGEMENT OF THE CORPORATION
ROLES OF THE BOARD OF DIRECTORS
LIABILITY OF MEMBERS FOR MANAGEMENT OF CORPORATION
MAKE UP OF THE BOARD OF DIRECTORS
NUMBER OF DIRECTORS
ELECTION AND TERM OF DIRECTORS
CLASSES OF DIRECTORS
OFFICERS
TERMS OF OFFICERS
RESPONSIBILITIES OF OFFICERS
BONDING OF OFFICERS
EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS
CHIEFS ON THE BOARD OF DIRECTORS
AUTHORIZED ACTS
ACTING THROUGH RESOLUTIONS
REQUIRED NOTICE OF BOARD OF DIRECTOR’S MEETINGS
ADJOURNMENT OF MEETINGS
QUORUM OF DIRECTORS
MAJORITY VOTE OF BOARD REQUIRED
ACTION OF THE BOARD WITHOUT A MEETING
TELEPHONE CONFERENCE CALLS OF DIRECTOR MEETINGS
PLACE AND TIME OF MEETINGS OF THE BOARD
SPECIAL MEETINGS OF THE BOARD OF DIRECTORS
DUTY TO ACT IN GOOD FAITH
DUTY OF LOYALTY TO CORPORATION
BUSINESS JUDGMENT RULE
RELIANCE ON OTHERS WHEN MAKING DECISIONS
ACTS NOT IN GOOD FAITH
LIABILITY OF DIRECTORS IN CERTAIN CASES
LIABILITY OF DIRECTORS AND OFFICERS
ACTIONS AGAINST DIRECTORS OR OFFICERS
LIABILITY FOR ILLEGALLY DISTRIBUTING ASSETS
LAWSUITS AGAINST THE DIRECTORS AND OFFICERS
DIRECTORS AND OFFICERS LIABILITY INSURANCE
PROHIBITED ACTIONS OF COMMITTEES OF THE BOARD
COMMITTEES OF THE BOARD
FINANCIAL INVESTMENTS
LIABILITY OF DIRECTORS FOR DECISIONS INVOLVING FINANCES
LOANS TO DIRECTORS AND OFFICERS
CONTRACTS WITH INTERESTED DIRECTORS AND OFFICERS
FIXING SALARIES OF DIRECTORS AND OFFICERS
REMOVAL OF DIRECTORS
REMOVAL OF OFFICERS
LIST OF DIRECTORS AND OFFICERS
INDEMNIFICATION OF OFFICERS AND DIRECTORS

17. DUTIES OF THE FIRE CHIEF

18. ETHICAL OBLIGATIONS OF CHIEFS AND ASSISTANT CHIEFS

19. POLICIES TO ENFORCE ETHICAL BEHAVIOR OF OFFICERS AND DIRECTORS
PROHIBITION OF FINANCIAL INTERESTS
PROHIBITION AGAINST SHARING IN CORPORATE EARNINGS
CONFLICT OF INTERESTS POLICY
20. CONFLICTS IN OFFICES
CONFLICTS IN FIRE DISTRICTS
CONFLICTS IN JOINT FIRE DISTRICTS
CONFLICTS IN VILLAGE FIRE DEPARTMENTS
MISCELLANEOUS CONFLICT ISSUES

21. ROLE OF THE FIRE COMPANY SECRETARY

22. REPORTING REQUIREMENTS OF FIRE DEPARTMENTS AND FIRE COMPANIES
FINANCIAL REPORTING
REPORT TO THE COUNTY CLERK
IRS FORM 990
CATEGORIES FOR FORM 990 ACCOUNTING
ANNUAL REPORT OF BOARD OF DIRECTORS
REPORTING OF FOREIGN FIRE INSURANCE
MAINTENANCE OF BOOKS AND RECORDS
RIGHT OF MEMBERS TO INSPECT RECORDS
MINUTES ARE EVIDENCE OF WHAT OCCURRED
CHARITIES REPORTING

23. FOREIGN FIRE INSURANCE FUNDS
FUNDS MUST BENEFIT MEMBERS
DISTRIBUTION OF FUNDS IN MULTI-COMPANY FIRE DEPARTMENTS
TREASURER’S OBLIGATIONS AND BEST PRACTICES
EXPENDITURES
EXAMPLES OF PERMITTED USAGES
EXAMPLES OF NON-PERMITTED USAGES
REPORT TO BE FILED WITH COMPTROLLER

24. PRACTICES TO PROTECT THE FINANCES OF THE CORPORATION
CHECK THE CORPORATION’S FEDERAL INCOME TAX EXEMPT STATUS
IS THE EXEMPTION FROM INCOME TAX STILL IN PLACE
SAMPLE ANTI-CONFLICT & SELF DEALING RULE
METHODS TO PROTECT THE FUNDS OF THE CORPORATION
PROPOSED FINANCIAL RECORD KEEPING POLICY
DONATIONS
DEPOSITS

25. FUNDRAISING
PERMISSION REQUIRED FOR FUNDRAISING EVENTS
SECURITY PERSONNEL AT FUNDRAISING EVENTS

26. RAFFLES
SPONSORING AN UNAUTHORIZED RAFFLE IS A CRIME
DEFINITION OF A RAFFLE
FIRE DEPARTMENTS MAY ORGANIZE RAFFLES
GAMES OF CHANCE IDENTIFICATION NUMBER REQUIRED
THREE YEAR EXISTENCE TO QUALIFY FOR GAMING LICENSE
APPLICATION FOR RAFFLE PERMIT
MUNICIPAL NOTICE AND REGISTRATION
MUNICIPAL CLERK TO RECEIVE FILINGS
LICENSE FEE FOR REGISTERED FIRE DEPARTMENTS
ADVERTISING OF RAFFLES
RAFFLE RULES
TICKETS & EQUIPMENT USED IN RAFFLES
LIMITATION ON AMOUNT OF PRIZE
SPECIAL ACCOUNTS FOR DEPOSITS OF RAFFLE PROCEEDS
LAWFUL USE OF RAFFLE PROFIT REQUIRED
REPORTS TO BE FILED WHERE CUMULATIVE NET PROCEEDS ARE LESS THAN $30,000
REPORTS TO BE FILED AFTER RAFFLE
ADDITIONAL FEE UPON FILING OF REPORT OF RAFFLE
EXAMINATION OF RECORDS
FORMS

27. SEXUAL HARASSMENT
FEDERAL AND STATE LAWS
APPLICATION OF LAWS TO VOLUNTEER ORGANIZATIONS
REVIEW OF DEPARTMENT ACTIONS AFTER COMPLAINT
SAMPLE SEXUAL HARASSMENT POLICY

28. ALCOHOL SALES AND USE
V.F.B.L. AND ALCOHOL
NO COMMON LAW LIABILITY FOR SALES TO ADULTS
LIABILITY FOR INTOXICATED GUESTS ON FIRE DEPARTMENT PROPERTY
LIABILITY FOR PROVIDING ALCOHOL TO PERSONS UNDER AGE 21
ALCOHOL CONSUMPTION BY MINORS
TYPES OF POLICIES ON ALCOHOL
ZERO TOLERANCE POLICIES REGARDING ALCOHOL USE PRIOR TO SERVICE
SAMPLE ZERO-TOLERANCE POLICY
LIMITED DUTY POLICY
ALCOHOL IN THE FIRE HOUSE

29. SMOKING IN THE FIRE HOUSE
WAIVERS

30. DRUG AND ALCOHOL TESTING
DRUG TESTING OF FIREFIGHTERS IS PERMITTED
DRUG TESTING AND THE CONSTITUTION
DRUG TESTING EVENTS
CERTAIN DRUG TESTING PROGRAMS ARE PERMITTED
PROVIDE NOTICE OF DRUG TESTING POLICY
DRUG TESTING BASED UPON A TRIGGERING EVENT
DRUG TESTING AS A RESULT OF AN OFF-DUTY ACCIDENT
REFUSAL TO SUBMIT TO A DRUG TEST
PENALTIES FOR A POSITIVE DRUG TEST
REQUIRING PERSONS TO RESIGN AFTER DRUG USE
COLLECTIVE BARGAINING AGREEMENTS AND DRUG TESTING
DRUG TESTING PROGRAMS SHOULD BE IN WRITING
PARTICIPATION FORMS FOR DRUG & ALCOHOL POLICY
GENERAL PERFORMANCE OBJECTIVES OF TESTING PROGRAMS
TRAINING ON THE DRUG & ALCOHOL POLICY
SAMPLE DRUG TESTING PROCESS
TRAINING OF OFFICERS AND SUPERVISORS
CHEMICAL AND ALCOHOL TESTING
POLICIES GOVERNING REMOVAL FROM ACTIVITIES
ALCOHOL BREATH TESTS
EMPLOYEE ASSISTANCE PROGRAMS
PENALTIES AND ACTIONS AFTER A POSITIVE DRUG TEST
PROTECTION OF INFORMATION
THE REHABILITATION ACT
CONSIDERING PAST DRUG USE UPON ADMISSION OR HIRING

31. EXPENSES FOR APPEARANCE AT COURT PROCEEDINGS

32. DISCRIMINATION BY A FIRE DEPARTMENT OR FIRE COMPANY
REMEDY FOR THOSE DISCRIMINATED AGAINST

33. EMERGENCY VEHICLE DRIVING ISSUES
NO SPECIAL LICENSE FOR OPERATING FIRE VEHICLES REQUIRED
DEFINITION OF EMERGENCY VEHICLE
FIRE DEPARTMENT OWNED AMBULANCES
EMERGENCY LIGHTING ON PERSONAL VEHICLES
USING PERSONAL VEHICLES AS EMERGENCY VEHICLES
LIABILITY WHILE DRIVING A PERSONAL VEHICLE
INSURANCE COSTS OF PERSONAL VEHICLES AFTER ACCIDENTS
RIGHTS OF EMERGENCY VEHICLES
REQUIREMENTS FOR ENGAGING IN EMERGENCY OPERATIONS
DRIVING WITH DUE REGARD
PASSING STOPPED SCHOOL BUSSES
LIABILITY FOR INJURIES CAUSED BY EMERGENCY VEHICLES
FIRE DISTRICT LIABILITY
RECKLESS DRIVING DEFINED
DEPARTMENT POLICIES
AVOID IMPLEMENTING N.F.P.A. DRIVING STANDARD
CELLULAR PHONES
USE OF SEATBELTS IN FIRE APPARATUS

34. PROCEDURES AFTER AN ACCIDENT INVOLVING AN EMERGENCY VEHICLE

35. WARNING EQUIPMENT ON VEHICLES
BLUE LIGHTS
ADDITIONAL REQUIREMENTS FOR BLUE LIGHTS

36. FINANCING OPTIONS FOR FIRE DEPARTMENTS AND FIRE COMPANIES
FIRE DEPARTMENTS QUALIFY FOR FINANCING
REQUIREMENTS FOR APPROVAL OF BOND FINANCING
N.Y.S. REVOLVING LOAN FUND
THERMAL IMAGING CAMERA GRANT PROGRAM

37. TITLES OF OPERATING PROCEDURES
UTILIZE THE TERM “BEST PRACTICE GUIDELINES”

38. FIREFIGHTERS’ RIGHT TO KNOW ABOUT HAZARDOUS MATERIALS

39. REPORTING FIREFIGHTER INJURIES, DISABILITIES AND DEATH
O.S.H.A.’S RECORDKEEPING RULE AND THE O.S.H.A. 300 LOG
RECORDING INJURIES AND ILLNESSES
FORMS USED FOR RECORDING INJURIES AND ILLNESSES
FLOW CHART FOR DECIDING WHETHER INJURIES SHOULD BE REPORTED
NON-REPORTABLE INJURIES
ISSUES OF PRIVACY AND RECORDING INJURIES AND ILLNESSES
ALL FIREFIGHTERS AND PERSONNEL ARE COVERED
REQUIREMENT TO POST THE ANNUAL SUMMARY
PERSONNEL MUST BE INVOLVED
DISCRIMINATION PROHIBITED
RELEASE OF INFORMATION TO GOVERNMENT REPRESENTATIVES

40. O.S.H.A. BLOODBORNE PATHOGEN REGULATIONS
BLOODBORNE PATHOGEN DEFINITION
UNIVERSAL PRECAUTIONS
EXPOSURE DETERMINATION REQUIRED
HAND WASHING REQUIRED
NEEDLES
CONTAINERS FOR CONTAMINATION
EATING AND OTHER ACTIVITIES NEAR EXPOSED AREAS
CONTAMINATED EQUIPMENT
LAUNDRY
PERSONAL PROTECTIVE EQUIPMENT
WORK ENVIRONMENT
TRAINING
CONTENTS OF TRAINING PROGRAM
HEPATITIS B VACCINATION
POST-EXPOSURE EVALUATION AND FOLLOW-UP
INFORMATION PROVIDED TO THE HEALTHCARE PROFESSIONAL
HEALTHCARE PROFESSIONAL'S WRITTEN OPINION
MEDICAL RECORDKEEPING
LABELS AND SIGNS
TRAINING RECORDS
TRANSFER OF RECORDS OF DEFUNCT DEPARTMENT/COMPANY
SHARPS INJURY LOG
RECORDING EXPOSURES FROM SHARPS

41. TRAINING AND QUALIFICATION OF FIREFIGHTERS
FEDERAL REGULATIONS GOVERNING FIREFIGHTING
REQUIRED POLICIES
PHYSICAL FITNESS OF FIREFIGHTERS
TRAINING OF FIREFIGHTERS
FIREFIGHTING CERTIFICATIONS
N.Y.S. FIREFIGHTER RECRUIT II
INSPECTION OF S.C.B.A. AND EQUIPMENT
PROTECTIVE CLOTHING
RESPIRATORY PROTECTION DEVICES
S.C.B.A. FIT TESTING
BEARDS MAY BE PROHIBITED ON INTERIOR FIREFIGHTERS
INTERIOR FIREFIGHTING AND THE FEDERAL REGULATIONS

42. HAZARDOUS MATERIALS TRAINING
REQUIRED TRAINING
EXCEPTIONS FOR TRAINING OF RESPONDERS
NON-MANDATORY HAZARDOUS MATERIAL TRAININGS
RESPONSE LEVELS TO WHICH RESPONDERS MUST BE TRAINED
REFRESHER TRAINING OF FIRST RESPONDERS
POST EXPOSURE MEDICAL CONSULTATION

43. LIVE FIRE TRAINING IN ACQUIRED STRUCTURES
THE NEED FOR TRAINING
N.I.O.S.H. RECOMMENDATIONS FOR LIVE FIRE TRAINING
N.F.P.A. 1403’S USE IN CRIMINAL COURTS
N.F.P.A. USE IN CIVIL LAWSUITS
N.F.P.A. 1403 STANDARDS
CRIMINAL PENALTIES FOR CAUSING INJURIES WHILE TRAINING
KNOWN RISKS OF SERIOUS HARM
USE OF LIVE VICTIMS PROHIBITED

44. JOINT TRAINING PROGRAMS

45. DISABILITY ISSUES IN FIRE DEPARTMENTS
NEW YORK STATE LAW PROHIBITS DISCRIMINATION
APPLICATION OF DISCRIMINATION LAW TO VOLUNTEERS
EXAMPLES REGARDING THE DISABILITY DISCRIMINATION LAWS
DEFINITION OF DISABILITY UNDER STATE LAW
CREATE PHYSICAL FITNESS REQUIREMENTS TO AVOID DISCRIMINATION CLAIMS
BONA-FIDE SKILLS AND QUALIFICATIONS PERMITTED
LEGITIMATE REASONS FOR NOT ACCEPTING PERSONS WITH DISABILITIES
MEDICAL AND PHYSICAL EXAMINATIONS BEFORE ACCEPTANCE AS VOLUNTEER OR EMPLOYEE
PREGNANCY

46. ARSON BACKGROUND CHECKS

47. EXEMPT FIREFIGHTERS

48. LEAVES OF ABSENCE FOR VOLUNTEER FIREFIGHTERS DUE TO MILITARY SERVICE

49. DISCIPLINE OF FIREFIGHTERS BY FIRE COMPANIES
RIGHT TO DUE PROCESS
LIMITED DUE PROCESS FOR PROBATIONARY MEMBERS
VIOLATIONS WARRANTING DISCIPLINE
SUSPENSIONS
RESTRICTIONS OF SUSPENDED MEMBERS
DUE PROCESS FOR MEMBERS
“DEEMED RESIGNED” IS NOT ACCEPTABLE
APPEALS OF DISCIPLINE
RESIGNATIONS OF MEMBERS

50. DISCIPLINE OF FIREFIGHTERS AND FIRE OFFICERS BY MUNICIPALITIES
SAMPLE MUNICIPAL DISCIPLINE POLICY

51. VOLUNTEER FIREFIGHTERS’ BENEFIT LAW
V.F.B.L. BENEFITS
QUALIFIED ACTIVITIES FOR V.F.B.L. COVERAGE
LIABILITY FOR V.F.B.L. BENEFITS
V.F.B.L. AND MUTUAL AID RESPONSES
FIRE DEPARTMENTS NOT LIABLE FOR BENEFITS
COUNTY RESPONSIBILITY FOR BENEFITS
V.F.B.L. AS EXCLUSIVE REMEDY FOR FIREFIGHTERS

52. PAYMENTS TO VOLUNTEER FIREFIGHTERS
“VOLUNTEER” DEFINED IN FAIR LABOR STANDARDS ACT
FIREFIGHTERS PROHIBITED FROM VOLUNTEERING FOR EMPLOYER
CERTAIN COMPENSATION OF VOLUNTEERS PERMITTED
NOMINAL FEES AND “PAID ON CALL” RULES
IMPERMISSIBLE RECRUITMENT AND RETENTION BENEFITS

53. FIRE POLICE AND FIRE POLICE SQUADS
POWERS OF FIRE POLICE AS PEACE OFFICERS
ORGANIZING FIRE POLICE SQUADS
FIRE POLICE NEED NOT BE FIREFIGHTERS
FIRE POLICE OATH
TRAINING REQUIRED
REGISTRATION OF PEACE OFFICERS REQUIRED

54. CONTROL OF EMERGENCY SCENES

55. RIGHT OF FIREFIGHTERS TO ENTER BUILDINGS AND RIGHT OF WARRANTLESS ENTRY

56. OBSTRUCTION OF FIREFIGHTING OPERATIONS

57. MUTUAL AID BY FIRE COMPANIES
MUNICIPALITY MAY RESTRICT FIRE PROTECTION AND TRAINING TO HOME TERRITORY
LIABILITY FOR DAMAGE CAUSED DURING MUTUAL AID SERVICES
WAIVERS OF LIABILITY FOR DAMAGES AND EXPENSES

58. MUTUAL AID PROVIDED BY FIREFIGHTERS
FIREFIGHTERS RESPONDING FREQUENTLY WITH FIRE DEPARTMENTS IN WHICH THEY ARE NOT MEMBERS
UNPLANNED RESPONSE OF VOLUNTEER FIREFIGHTER WITH OTHER FIRE DEPARTMENTS
MUNICIPALITY MAY PROHIBIT SERVICE BY NON-MEMBERS

59. AMBULANCE SERVICE ISSUES
PATIENT REFUSAL ACKNOWLEDGEMENTS
WHEN TO OBTAIN A PATIENT REFUSAL
LARGE SCALE INCIDENTS WITH NUMEROUS PATIENTS
PATIENTS PERMITTED TO REFUSE CARE
COMPETENCY OF PATIENTS
CAPACITY OF PATIENTS
MINORS MAY NOT REFUSE
PARENTAL RIGHT TO REFUSE CARE FOR MINOR
POLICE POWER TO FORCE TRANSPORTATION OR TREATMENT
MEDICAL CONTROL ASSISTANCE WITH REFUSING PATIENTS
PROVIDERS PERMITTED TO COMPLETE A P.C.R.
CONTENTS OF A PATIENT REFUSAL
AGENCIES SHOULD CREATE OWN REFUSAL FORM

60. E.M.T. - PATIENT PRIVILEGE OF COMMUNICATIONS

61. MANDATED REPORTING OF SUSPECTED CHILD ABUSE
DUTY TO REPORT SUSPECTED CHILD ABUSE
MAKING A REPORT OF SUSPECTED CHILD ABUSE
ACTIONS TAKEN BY E.M.T. IN ADDITION TO REPORTING
PENALTIES FOR FAILING TO REPORT SUSPECTED CHILD ABUSE

62. LIABILITIES OF MUNICIPALITIES, FIRE DEPARTMENTS AND FIREFIGHTERS
MUNICIPAL LIABILITY
STANDARD OF LIABILITY FOR VILLAGES, CITIES AND TOWNS
MUNICIPAL LIABILITY FOR NEGLIGENT DRIVING OF PAID FIREFIGHTERS
LIABILITY OF CONTRACTING MUNICIPALITY
LIABILITIES OF TOWNS
LIABILITY OF FIREFIGHTERS
LIABILITY OF FIRE COMPANIES
REQUIREMENTS TO FILE LAWSUITS AGAINST MUNICIPALITIES & FIRE DISTRICTS
TIME LIMIT TO SUE MUNICIPALITIES FOR ACTS OF FIREFIGHTERS
SPECIAL DUTY RULES
REQUIREMENT TO FORM A SPECIAL DUTY
APPLICATION OF THE SPECIAL DUTY RULE
DEFENSE AND INDEMNIFICATION OF OFFICERS, EMPLOYEES AND VOLUNTEERS

63. PROPERTY TAXES AND IMPROVEMENT DISTRICT TAXES
PROPERTY OWNED BY A BENEVOLENT ASSOCIATION

64. FUEL TAXES

65. FIRE HOUSES OWNED BY TOWNS

66. FIRE DEPARTMENT EXEMPTION FROM MUNICIPAL ZONING

67. STATE DISASTERS AND CONTROL OVER FIRE DEPARTMENTS

68. FREEDOM OF INFORMATION LAW
FIRE DEPARTMENTS MUST COMPLY WITH FOIL
POLICIES REQUIRED BY DEPARTMENT
PUBLIC DOCUMENTS DEFINED
DOCUMENTS WHICH ARE NOT PUBLIC
RIGHT TO PROTECT PERSONAL PRIVACY
NO REQUIREMENT TO CREATE DOCUMENTS
PROCEDURES UPON RECEIVING FOIL REQUEST
APPEALS OF DENIALS TO RECORDS
RECORDING MEETINGS

69. OPEN MEETINGS LAW
FIRE DEPARTMENTS SHOULD ABIDE BY THE OPEN MEETINGS LAW
POLICY OF THE OPEN MEETINGS LAW
EVERY MEETING IS OPEN TO THE PUBLIC
PUBLIC NOTICE OF MEETINGS
EXECUTIVE SESSIONS
PERMISSIBLE REASONS FOR AN EXECUTIVE SESSION
MINUTES AT OPEN MEETINGS AND HEARINGS
REMEDIES FOR VIOLATIONS OF OPEN MEETINGS LAW

70. FINES IMPOSED FOR CALLING FIRE DEPARTMENTS
TO FALSE ALARMS

71. VEHICLE AND TRAFFIC VIOLATIONS OF THE PUBLIC
VIOLATION FOR DRIVING OVER HOSE
DISPLAY OF WORDS ON VEHICLE SUCH AS “FIRE DEPARTMENT” ARE AN INFRACTION
FOLLOWING FIRE VEHICLES NOT PERMITTED
YIELDING TO FIRE VEHICLES REQUIRED
DUTY OF DRIVERS TO REDUCE SPEED NEAR EMERGENCIES