S T A T E O F N E W Y O R K
________________________________________________________________________
8371
2023-2024 Regular Sessions
I N A S S E M B L Y
December 13, 2023
___________
Introduced by M. of A. BURKE -- read once and referred to the Committee
on Local Governments
AN ACT to amend the general municipal law, in relation to requiring
certain municipalities to establish fire departments to oversee fire-
fighter entities within the municipality and ensure safe staffing of
such firefighter entities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 209-h to read as follows:
§ 209-H. MUNICIPAL FIRE DEPARTMENTS; SAFE STAFFING. 1. FOR THE
PURPOSES OF THIS SECTION, THE TERM "FIREFIGHTER ENTITY" MEANS:
(A) A VOLUNTEER FIRE COMPANY OF A COUNTY, CITY, TOWN, VILLAGE OR FIRE
DISTRICT FIRE DEPARTMENT, WHETHER OR NOT ANY SUCH COMPANY HAS BEEN
INCORPORATED UNDER ANY GENERAL OR SPECIAL LAW,
(B) A FIRE CORPORATION THE MEMBERS OF WHICH ARE VOLUNTEER FIREFIGHTERS
AND WAS INCORPORATED, AND WHICH IS NOT INCLUDED WITHIN PARAGRAPH (A) OF
THIS SUBDIVISION, IF SUCH CORPORATION IS BY LAW UNDER THE GENERAL
CONTROL OF, OR RECOGNIZED AS A FIRE CORPORATION BY, THE GOVERNING BOARD
OF A CITY, TOWN, VILLAGE OR FIRE DISTRICT, OR
(C) A FIRE CORPORATION THE MEMBERS OF WHICH ARE VOLUNTEER FIREFIGHTERS
AND WHICH WAS INCORPORATED UNDER, OR ESTABLISHED PURSUANT TO THE
PROVISIONS OF, ANY GENERAL OR SPECIAL LAW, WHICH IS NOT INCLUDED WITHIN
THIS PARAGRAPH AND PARAGRAPH (B) OF THIS SUBDIVISION, IF SUCH CORPO-
RATION IS BY LAW UNDER THE GENERAL CONTROL OF, OR RECOGNIZED AS A FIRE
CORPORATION BY, THE GOVERNING BOARD OF A CITY, TOWN, VILLAGE, FIRE
DISTRICT OR A DISTRICT CORPORATION OTHER THAN A FIRE DISTRICT.
2. EACH COUNTY SHALL ESTABLISH A COUNTY FIREFIGHTER RESERVE AND EACH
CITY, TOWN, AND VILLAGE SHALL ESTABLISH A FIRE DEPARTMENT WHICH SHALL
OVERSEE AND COORDINATE EFFORTS BETWEEN ALL FIREFIGHTER ENTITIES WHICH
OPERATE WITHIN THE MUNICIPALITY, WHICH FOR THE PURPOSES OF THE COUNTY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13347-03-3
A. 8371 2
FIREFIGHTER RESERVE SHALL INCLUDE ANY AND ALL FIRE DEPARTMENTS ESTAB-
LISHED UNDER THIS SECTION LOCATED WITHIN THE COUNTY.
3. ALL COUNTY FIREFIGHTER RESERVES ESTABLISHED UNDER THIS SECTION
SHALL:
(A) HIRE AND TRAIN PROFESSIONAL FIREFIGHTERS WHICH CAN BE DISPATCHED
TO FIREFIGHTER ENTITIES WITHIN THE COUNTY TO ENSURE SAFE STAFFING. A
COUNTY FIREFIGHTER RESERVE SHALL, WHEN HIRING PROFESSIONAL FIREFIGHTERS,
PRIORITIZE HIRING VOLUNTEER FIREFIGHTERS FROM CITY, TOWN, AND VILLAGE
FIREFIGHTER ENTITIES WHICH OPERATE WITHIN THE COUNTY.
(B) ESTABLISH SAFE STAFFING REQUIREMENTS FOR FIREFIGHTER ENTITIES
WITHIN THE COUNTY OF AT LEAST:
(I) FIFTEEN FIREFIGHTERS WHERE THE FIREFIGHTER ENTITY'S SERVICE AREA
HAS A POPULATION DENSITY OF ONE THOUSAND PEOPLE PER SQUARE MILE, OR
MORE;
(II) TEN FIREFIGHTERS WHERE THE FIREFIGHTER ENTITY'S SERVICE AREA HAS
A POPULATION DENSITY OF BETWEEN ONE THOUSAND AND FIVE HUNDRED PEOPLE PER
SQUARE MILE; AND
(III) SIX FIREFIGHTERS WHERE THE FIREFIGHTERS ENTITY'S SERVICE AREA
HAS A POPULATION DENSITY OF FIVE HUNDRED PEOPLE PER SQUARE MILE, OR
LESS.
(C) PROVIDE PROFESSIONAL FIREFIGHTERS TO OPERATE OUT OF FIREFIGHTER
ENTITIES WHICH ARE UNABLE TO MAINTAIN SAFE STAFFING LEVELS.
4. FIREFIGHTERS OPERATING AS A PART OF THE RESERVE SHALL ONLY BE
UTILIZED FOR CALLS RELATING TO EMERGENCY MEDICAL SERVICES AND SHALL BE
TRAINED FOR SUCH PURPOSE.
5. NOTHING IN THIS SECTION SHALL BE DEEMED TO DISSOLVE OR MERGE ANY
FIREFIGHTER ENTITIES.
§ 2. This act shall take effect immediately.