§ 209. Outside service by local fire departments, companies, ambulance
districts and airport crash-fire-rescue units. 1. The fire department of
any city, village or fire district, the fire companies serving territory
outside of villages and fire districts in any town and the fire
departments of any town which has a town fire department, an ambulance
district and a county or public authority which operates an airport
crash-fire-rescue unit, may answer calls for assistance outside the area
regularly served and protected by such fire department or fire
companies, ambulance district or crash-fire-rescue unit and may engage
and participate in fire training programs in territory outside the area
regularly served and protected by such fire department, fire companies,
ambulance districts or crash-fire-rescue unit. While in the performance
of their duties under this subdivision, the members of such departments,
companies, districts or crash-fire-rescue units shall have the same
immunities and privileges as if such duties were performed within the
area regularly served and protected by such departments, companies,
districts or crash-fire-rescue units. While responding to a call for
assistance under this subdivision a city, village, fire district,
ambulance district, town or county or public authority operating an
airport crash-fire-rescue unit shall be liable for the negligence of
firefighters of the city fire department, village fire department, fire
district fire department, town fire department, ambulance district or
crash-fire-rescue unit, respectively, occurring in the performance of
their duties in the same manner and to the same extent as if such
negligence occurred in the performance of their duties within the area
regularly served and protected by such departments, districts or units.
The legislative body of any county, city or village, the board of fire
commissioners or other governing board of any fire district, ambulance
district or public authority or the town board of any town in relation
to the fire companies serving territory outside of villages and fire
districts or in relation to a town fire department, or ambulance
district, as the case may be, by resolution may restrict such outside
service and training to such extent as it shall deem advisable. 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resolution shall continue in effect until amended or repealed by the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
department or fire company or ambulance district shall be notified
promptly of the adoption of any such resolution and of any amendment or
repeal thereof. In a county, city, or in a village or town, such action
may be taken by local law or by ordinance instead of by resolution. As
used in this section, the terms "fire department", "fire companies",
"ambulance service" and "crash-fire-rescue unit" shall include all
companies, squads, patrols or other units of such departments, companies
or units, or volunteer ambulance services organized pursuant to section
one hundred twenty-two-b of this chapter, and the term "assistance"
includes the services of firefighting forces, fire police squads,
ambulance services, emergency rescue and first aid squads rendered in
case of a fire or other emergency, including stand-by service, to aid
(1) a fire department or fire company, and (2) owners or occupants of
property, and other persons, whether or not such owners, occupants or
persons are receiving fire or other emergency service from another fire
department or fire company or ambulance service. Except as otherwise
provided by law in the case of natural disaster emergencies, a call to
furnish assistance may be made by any person aware of the peril involved
and the need for assistance or pursuant to any legally authorized or
recognized plan for the furnishing of mutual aid in cases of fire or
other emergency. The call need not originate in the municipal
corporation, district or area liable for the payment of financial
benefits in the event of the death or injury of a firefighter or
ambulance or rescue squad member engaged in rendering such assistance.
The call may be relayed through one or more persons or mediums of
communication. The provisions of this subdivision shall supersede the
provisions of any general, special or local law to the extent that there
is a conflict between the provisions of this subdivision and such law,
except that if (1) any city had, prior to April fifteenth, nineteen
hundred fifty, restricted in any manner the fire department of the city
from engaging in service outside the city or (2) any city, village, fire
district or town has heretofore restricted in any manner a fire
department or fire company or ambulance service from engaging in service
or training pursuant to the provisions of this subdivision, such
restrictions shall continue in effect until changed pursuant to the
provisions of this subdivision.

2. Any loss or damage to, or expense incurred in the operation of,
fire apparatus or other equipment answering a call for assistance from
outside territory, as provided for in subdivision one of this section or
otherwise, and the cost of any materials used in connection with such
call, shall be a charge against and paid by the city, village, fire
district, ambulance district or by the town in relation to territory in
the town located in (1) a fire protection district, (2) a fire alarm
district, (3) or ambulance district or (4) the territory in the town
outside of any village, fire district or any such fire protection
district or fire alarm district, ambulance district, which issued the
call for assistance. No such claim, however, shall be allowed unless,
within sixty days after such loss or damage has been sustained, or such
expense has been incurred, or such materials have been used, written
notice thereof be served by mail or otherwise on the comptroller or
chief financial officer of the city, the village clerk of the village,
the secretary of the fire district, the clerk of the ambulance district
or the town clerk of the town in relation to the territory in the town
located as aforesaid, from which issued the call for assistance.

3. In cities such loss, damage, expense or cost shall be a city charge
and audited and paid as other city charges. In villages such loss,
damage, expense or cost shall be a village charge and shall be audited
and paid in the same manner as village charges, and shall be assessed
upon the property liable to taxation in said village, and levied and
collected in the same manner as village taxes. In fire districts or
ambulance districts such loss, damage, expense or cost shall be audited
and paid in the same manner as other fire district or ambulance district
charges, and shall be assessed and levied upon the property liable to
taxation in such district and collected in the same manner as other fire
or ambulance district charges. The limitations on fire district
expenditures set forth in subdivision eighteen of section one hundred
seventy-six of the town law shall not be applicable to appropriations or
expenditures for the purpose of paying any such loss, damage, expense or
cost.

4. In towns which do not contain a city, village, fire district, fire
protection district, ambulance district or fire alarm district, such
loss, damage, expense or cost shall be a town charge audited and paid in
the same manner as town charges. In fire protection districts, fire
alarm districts, or territory outside of cities, villages, fire
districts, ambulance districts or any such fire protection or fire alarm
district, such loss, damage, expense or cost shall be a town charge,
audited and paid in the same manner as town charges, and shall be
assessed upon the property liable to taxation in such fire protection
district, fire alarm district or territory outside of cities, villages,
fire districts, ambulance districts or such fire protection and fire
alarm districts, as the case may be.

5. Provided, however, that nothing contained in this section shall
preclude a city, village, fire district, ambulance district or town from
entering into a reciprocal fire protection agreement with the state of
New York and the head of any military department of the United States
government, which agreement shall waive all compensation for any loss,
damage, personal injury, or death occurring in consequence of the
performance of said reciprocal fire protection agreement. Provided
further, however, that any reciprocal fire protection agreement entered
into under the authority of this subdivision may provide for the
reimbursement for any and all costs incurred by the party issuing the
call for assistance.