§ 58-a. Requirements for provisional or permanent appointment of
certain fire fighters. 1. Notwithstanding any other provision of this
law or any general, special or local law to the contrary, no person
shall be eligible for provisional or permanent appointment in the
competitive class of the civil service as a fire fighter unless he or
she shall satisfy the basic requirements for education, health and
physical fitness established by the state fire administrator pursuant to
section one hundred fifty-eight of the executive law.

2. Notwithstanding the provisions of subdivision one of this section,
upon the request of a municipal commission having jurisdiction over a
fire department and upon a showing by such municipal commission and a
determination by the state commission that aggravated recruitment
difficulties are causing a serious shortage of fire fighters in such
fire department and that such municipal commission and all appropriate
authorities are making diligent efforts, including payment of adequate
compensation, to overcome such recruitment difficulties, the state
commission, with the approval of the state fire administrator, may
change the educational, health and physical fitness requirements for
provisional and permanent appointment as a fire fighter in such fire
department for a period not exceeding two years from the date of such
determination. Such changes may be authorized for an additional period
not exceeding two years, upon a showing and a determination similar to
that required hereunder for the original authorization.

3. The provisions of this section shall not prevent the establishment
of more restrictive local requirements for eligibility for fire
fighters.

4. For the purposes of this section fire fighter means a member of a
fire department whose duties include fire service as the phrase fire
service is defined in paragraph d of subdivision eleven of section three
hundred two of the retirement and social security law.

5. Any person whose name was on an eligible list for appointment in
the competitive class of the civil service as a fire fighter on the date
educational, health and physical fitness requirements for fire fighters
are promulgated by the state fire administrator pursuant to section one
hundred fifty-eight of the executive law, shall continue to remain
eligible for appointment from such list during the life of such list
without satisfying such requirements provided he or she would otherwise
have remained eligible for appointment from such list if this section
had not been enacted.

6. The provisions of this section shall not apply to appointments made
by any county, city, town, village or fire district which employs five
or fewer fire fighters.

7. Notwithstanding any other provision of this law or any general,
special or local law to the contrary, no person shall be eligible for
provisional or permanent appointment as a fire chief other than those
chiefs employed by a fire department of cities with a population of one
million or more unless he or she shall:

(a) satisfy the basic requirements for education, health and physical
fitness established by the state fire administrator pursuant to section
one hundred fifty-eight of the executive law; and

(b) has successfully completed training and education requirements
established by the state fire administrator.