§ 10-1006 Volunteer members of village fire companies. 1. The
volunteer members of a fire company shall be elected and appointed as
provided in this section.

2. The board of fire commissioners shall appoint residents of the
village as the volunteer members of any newly organized fire company.
Thereafter, the fire company may elect other eligible persons, including
village officers, as volunteer members. The election shall be pursuant
to the by-laws, if any, of the fire company; otherwise, by a
three-fourths vote of the members of the fire company present and voting
at a regular or special meeting thereof. The membership of any person so
elected shall become effective when approved by resolution of the board
of fire commissioners. Membership shall be deemed to have been approved
pursuant to this subdivision in the event that no action is taken by the
board of fire commissioners, either approving or disapproving, within
forty days after servce of written notice of election to membership
shall have been made by the secretary of the fire company upon the
village clerk, either personally or by mail.

3. Any person elected to membership as a volunteer member as a fire
company shall be a resident of the village or of territory outside the
village which is afforded fire protection by the fire department of the
village, or any fire company thereof, pursuant to a contract for fire
protection, except as otherwise provided in subdivision six.

4. The membership of a volunteer member of a fire company shall
terminate when he ceases to be a resident of the village or of any
territory outside the village which is afforded fire protection but the
fire department of the village, or any fire company thereof, pursuant to
a contract for fire protection, except as otherwise provided in
subdivision five.

5. Any fire company may authorize the continued membership of any
volunteer member where such member notifies the secretary of his or her
fire company (a) that he or she plans to change his or her residence to
territory which is not in the village and is not protected by the fire
department of the village, or any fire company thereof, pursuant to a
contract for fire protection, and (b) that by reason of his or her
residence in the vicinity or his or her usual occupation he or she will
be available to render active service as a volunteer firefighter in the
village or in territory outside the village which is afforded fire
protection pursuant to a contract for fire protection by the fire
department of the village, or a fire company thereof. Such authorization
shall be pursuant to the by-laws, if any, of the fire company of which
he or she is a member, otherwise by a three-fourths vote of the members
of such fire company present and voting at a regular or special meeting
thereof. Such authorization shall not become effective unless approved
by resolution of the board of fire commissioners. Such authorization
shall be deemed to have been approved pursuant to this subdivision in
the event that no action is taken by the board of fire commissioners,
either approving or disapproving, within forty days after service of
written notice of such authorization shall have been made by the
secretary of the fire company upon the village clerk, either personally
or by mail. Any membership continued pursuant to the provisions of this
subdivision shall terminate when the member cannot meet either the
requirements of this subdivision or the residence requirements of
subdivision three of this section. In the case of a village which
adjoins another state, the term "vicinity", as used in this subdivision,
includes territory in this state and territory in the adjoining state.

6. A person who cannot meet the residence requirements of subdivision
three of this section may be elected to membership as a volunteer member
of any fire company of the fire department if by reason of his or her
residence in the vicinity or his or her usual occupation he or she will
be available to render active service as a volunteer firefighter in the
village or in territory which is afforded fire protection pursuant to a
contract for fire protection by the fire department of the village or a
fire company thereof. Such election shall be pursuant to the by-laws, if
any, of the fire company; otherwise by a three-fourths vote of the
members of the fire company present and voting at a regular or special
meeting thereof. The membership of any person so elected shall not
become effective unless approved by resolution of the board of fire
commissioners. Membership shall be deemed to have been approved pursuant
to this subdivision in the event that no action is taken by the board of
fire commissioners, either approving or disapproving, within seventy
days after service of written notice of election to membership shall
have been made by the secretary of the fire company upon the village
clerk, either personally or by mail. The membership of any volunteer
member elected pursuant to the provisions of this subdivision shall
terminate when the member cannot meet either the requirements of this
subdivision or the residence requirements of subdivision three of this
section. In the case of a village which adjoins another state, the term
"vicinity", as used in this subdivision, includes territory in this
state and territory in the adjoining state.

7. The membership of any volunteer firefighter shall not be continued
pursuant to subdivision five of this section, and persons shall not be
elected to membership pursuant to subdivision six of this section, if,
by so doing, the percentage of such non-resident members in the fire
company would exceed forty-five per centum of the actual membership of
the fire company, provided however, that the provisions of this
subdivision shall not apply to the membership of the village of Blasdell
volunteer fire department, provided however, that the provisions of this
subdivision shall not apply to the membership of the village of Delanson
volunteer fire company in the village of Delanson, county of
Schenectady, provided however, that the provisions of this subdivision
shall not apply to membership of the village of Port Dickinson Fire
Department, within the village of Port Dickinson, Broome County,
provided however, that the provisions of this subdivision shall not
apply to the membership of the village of Briarcliff Manor fire
department, within the village of Briarcliff Manor, county of
Westchester, provided however, that the provisions of this subdivision
shall not apply to the membership of the village of Ardsley volunteer
fire department, within the village of Ardsley, county of Westchester,
provided however, that the provisions of this subdivision shall not
apply to the membership of the Buchanan Engine Company No. 1, within the
village of Buchanan, county of Westchester.

8. The board of trustees, or the board of fire commissioners subject
to approval of the board of trustees, by resolution may restrict the
membership of volunteer members in any or all of the fire companies of
the fire department to residents of the village. Any volunteer member
who then resides in territory outside the village shall cease to be a
member of any fire company to which the restriction is applicable unless
the resolution provides that his membership shall continue during the
existence of any contract for fire protection to such territory by his
company or the fire department or during the period in which he may
continue to meet the requirements of subdivision three, five or six.

9. Residents of outside territory protected pursuant to a contract for
fire protection who have been elected to volunteer membership, and
non-residents whose volunteer memberships have been continued or
authorized pursuant to subdivision five or six of this section, shall
have all the powers, duties, immunities, and privileges of resident
volunteer members, except (1) non-residents of the state may not be
appointed or elected to any office in the fire company or fire
department, and (2) a non-resident of this state whose membership has
been continued pursuant to subdivision five of this section, or a
non-resident of this state who was elected to membership pursuant to
subdivision six of this section, shall not be considered to be
performing any firemanic duty, or to be engaged in any firemanic
activity, as a member of the fire company while he or she is outside of
this state unless and until he or she has first reported to the officer
or firefighter in command of his or her fire department, or any company,
squad or other unit thereof, engaged or to be engaged in rendering
service outside this state, or has received orders or authorization from
an officer of the fire department or fire company to participate in or
attend authorized activities outside of this state in the same manner as
resident members of the fire company.

10. A person shall not be eligible to volunteer membership in more
than one fire company at one time.

11. The term "contract for fire protection" as used in this section
means one under which a cash consideration is received by the village or
by the fire department or a fire company thereof for the furnishing of
fire protection to an area outside the village. Any such contract shall
be deemed in full force and effect for the purposes of this section if
negotiations are pending for the renewal thereof.

12. In a village where there is no board of fire commissioners, the
board of trustees shall have the powers and perform the duties of such
board which are prescribed in this section.

13. The provisions of this section shall not be deemed to authorize
the election of any person as a member of a fire company or the
continuance of membership in a fire company as herein provided if such
election or continuance of membership shall be contrary to the by-laws,
rules or regulations of the fire company or of the fire department of
the village.

14. A village may not adopt a local law changing, amending or
superseding this section.

15. Any person:

(1) who was recognized prior to the first day of July, nineteen
hundred fifty-four, as a volunteer member of any fire company of a
village subject to the provisions of this article by the board of
trustees or board of fire commissioners of the village or by the
officers and members of his fire company, and

(2) who rendered active service with such fire company prior to such
date, and

(3) who was, at the time of his or her nomination for membership, a
resident of the village or of territory outside of the village which was
afforded fire protection by the fire department of the village, or any
fire company thereof, pursuant to a contract for fire protection, shall
for all purposes in law be considered to have been duly nominated and
appointed to membership in such fire company as of the date of such
appointment, if any, and, if none, then as of the date of such
nomination; notwithstanding that there may have been some legal defect
in such nomination, or the proceedings precedent thereto, or a failure
of the board of fire commissioners or board of trustees to appoint such
member, as provided by law in force at the time of such nomination, and
the status of such person as a volunteer firefighter as of the date of
such appointment or nomination is hereby legalized, validated and
confirmed. An election to membership in a fire company shall be deemed
equivalent to a nomination for membership for the purposes of this
subdivision in the event that a formal nomination for membership was
never presented to a board of fire commissioners or board of trustees as
provided by the law in force prior to the first day of July, nineteen
hundred fifty-four, and, for the purposes of this subdivision, such
election, and the proceedings precedent thereto, shall be considered to
have been held and conducted in the manner required by law. This
subdivision shall not apply to a person, if any, whose volunteer
membership in a fire company was declared invalid by a court of
competent jurisdiction prior to the first day of January, nineteen
hundred fifty-five.

16. Any person:

(1) who was recognized on and after the first day of July, nineteen
hundred fifty-four and prior to the first day of January, two thousand
eleven, as a volunteer member of any fire company of a village subject
to the provisions of this article by the board of trustees or board of
fire commissioners of the village or by the officers and members of his
fire company, and

(2) who rendered active service with such fire company between such
dates, and

(3) who was, at the time of his or her election to membership, a
resident of the village or of territory outside the village which was
afforded fire protection by the fire department of the village, or any
fire company thereof, pursuant to a contract for fire protection, or who
was a non-resident who was elected to membership or who was continued as
a member, pursuant to the provisions of subdivisions five or six of this
section, shall for all purposes in law be considered to have been duly
elected and approved, or continued, as a member in such fire company as
of the date of such approval, if any, and, if none, then as of the date
of such election or, in the case of a continuance, as of the date of the
approval, if any, by the board of fire commissioners or the board of
trustees, and, if none, as of the date of authorization of continuance
by the fire company; notwithstanding that there may have been some legal
defect in such election, or the proceedings precedent thereto, or a
failure of the board of fire commissioners or board of trustees to
approve such member, or approve the continuance of membership of such
member, as provided by the law in force at the time of such election, or
continuance, and the status of such person as a volunteer firefighter as
of the date is hereby legalized, validated and confirmed. This
subdivision shall not apply to a person, if any, whose volunteer
membership in a fire company was disapproved by the board of trustees or
board of fire commissioners or declared invalid by a court of competent
jurisdiction prior to the first day of January, two thousand eleven.

17. (a) It shall be an unlawful discriminatory practice for any
volunteer fire department or fire company, through any member or members
thereof, officers, board of fire commissioners or other body or office
having power of appointment of volunteer firefighters in any fire
department or fire company pursuant to this section, because of the
race, creed, color, national origin, sex or marital status of any
individual, to exclude or to expel from its volunteer membership such
individual, or to discriminate against any of its members because of the
race, creed, color, national origin, sex or marital status of such
volunteer members.

(b) Any person claiming to be aggrieved by an unlawful discriminatory
practice pursuant to this section may by himself or his attorney at law
make, sign and file with the state division of human rights, a verified
complaint which shall set forth the particulars of the alleged unlawful
discriminatory practice and contain such other information as the
division of human rights may require. The division shall thereupon cause
to be made an investigation and disposition of the charges pursuant to
the provisions of article fifteen of the executive law.

18. A person who has been convicted of arson in any degree shall not
be eligible to be elected or appointed as a volunteer member of a fire
company. The membership of any volunteer member of a fire company shall
immediately terminate if he is convicted of arson in any degree while a
member of a fire company.

19. Upon application by any person for membership in a fire company
operating pursuant to this section, the fire chief shall cause the
applicant's background to be checked pursuant to section eight hundred
thirty-seven-o of the executive law for a criminal history involving a
conviction for arson and conviction of a crime which requires the person
to register as a sex offender under article six-C of the correction law.
Where such criminal history information includes conviction of a crime
which requires the person to register as a sex offender under article
six-C of the correction law, a fire company shall determine whether or
not such person shall be eligible to be elected or appointed as a
volunteer member of such fire company. Such determination shall be made
in accordance with the criteria established in sections seven hundred
fifty-two and seven hundred fifty-three of the correction law.