Legislation

Search OpenLegislation Statutes

This entry was published on 2019-01-11
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 5
Coverage
Volunteer Firefighters' Benefit (VOL) CHAPTER 64-A, ARTICLE 2
§ 5. Coverage. 1. The duties and activities in relation to which
benefits shall be paid and provided pursuant to this chapter are:

a. Necessary travel to, working at, and necessary travel returning
from a fire, alarm of fire, hazardous material incident or other
emergency to which his fire department, fire company, or any unit
thereof, either has responded or would be required or authorized to
respond, including necessary travel during such work or incidental
thereto.

b. While, within the state, personally assisting another fire
department, fire company, or any unit thereof pursuant to the provisions
of section two hundred nine-i of the general municipal law, including,
after his services have been duly accepted, necessary travel to and
returning from such work and necessary travel during such work or
incidental thereto.

c. While, within the state and pursuant to orders or authorization,
performing duties at the firehouse, or elsewhere, directly related to
(1) the prevention of fires or other disasters, (2) the investigation of
fires or other disasters, (3) the inspection of property for fire
hazards or other dangerous conditions, including necessary travel
directly connected therewith.

d. While, within this country or in Canada and pursuant to orders or
authorization, instructing or being instructed in fire duties, attending
a training school or course of instruction for firefighters, or
attending or participating in any noncompetitive training program,
including necessary travel directly connected therewith, as well as
necessary travel to and necessary travel returning from such activity.

e. While, within this country or in Canada and pursuant to orders or
authorization, attending or participating in any drill, parade, funeral,
inspection or review in which his fire department, fire company, or any
unit thereof, is engaged, including necessary travel directly connected
therewith, as well as necessary travel to and necessary travel from such
activity.

f. While, within the state and pursuant to orders or authorization,
attending or working at meetings of his fire department or fire company,
or any organized unit thereof, at the firehouse or other regular or
special headquarters of the department, company or unit, including
necessary travel directly connected therewith other than travel to or
returning from such meetings.

g. While, within the state and pursuant to orders or authorization,
working in connection with the construction, testing, inspection, repair
or maintenance of (1) the firehouse and the fixtures, furnishings and
equipment thereof, and (2) the fire fighting vehicles, fire apparatus
and equipment used by the fire department, fire company, or other unit
thereof, including necessary travel directly connected therewith other
than travel to or returning from such work.

h. While, within the state and pursuant to orders or authorization,
working in connection with the construction, testing, inspection, repair
or maintenance of the fire alarm system, water supply system, fire well,
fire cistern or fire suction pool, used by the fire department or fire
company, including necessary travel directly connected therewith, as
well as necessary travel to and necessary travel from such activity.

i. While, within this country or in Canada and pursuant to orders or
authorization, practicing for, or participating as a contestant or an
official in, any competitive tournament, contest or public exhibition
conducted for firefighters which is intended to promote the efficiency
of the fire department, fire company or any unit thereof, including
necessary travel directly connected therewith other than travel to and
returning from such practice. The actual rendition of fire or other
emergency service shall not be deemed "practicing" within the meaning of
this paragraph.

j. While, pursuant to orders or authorization, engaged in the
inspection of fire fighting vehicles and fire apparatus prior to
delivery under a contract of purchase, or performing duties in relation
to the delivery thereof, including necessary travel directly connected
therewith, as well as necessary travel to and necessary travel returning
from such activity.

k. Necessary travel to, work in connection with, and necessary travel
returning from a call for general ambulance service by a member of an
emergency rescue and first aid squad which has been authorized to
furnish such service pursuant to section two hundred nine-b of the
general municipal law, including necessary travel during such work or
incidental thereto.

l. While, within this country or Canada and pursuant to orders or
authorization, attending a convention or conference of firefighters or
fire officers or fire district officers as the authorized delegate or
representative of his or her fire department, fire company or any unit
thereof, including necessary travel directly connected therewith, as
well as necessary travel to and necessary travel returning from such
activity.

m. While, within the state and pursuant to orders or authorization,
working in connection with a fund raising activity of his or her fire
company, as defined in subdivision fifteen of section three of this
chapter including necessary travel directly connected therewith, as well
as necessary travel to and necessary travel returning from such
activity, but shall not include competitive events in which volunteer
firefighters are competitors, such as baseball, basketball, football,
bowling, tugs of war, water-ball fights, donkey baseball, boxing,
wrestling, contests between bands or drum corps, or other competitive
events in which volunteer firefighters are competitors and which involve
physical exertion on the part of the competitors.

n. While, within the state and pursuant to orders or authorization,
performing work or service leading or directing a youth program
established pursuant to section two hundred four-b of the general
municipal law, including necessary travel directly connected therewith,
as well as necessary travel to and necessary travel returning from such
activity. This paragraph shall not be interpreted as providing coverage
for participants in such youth programs.

o. While, within the state and pursuant to orders or authorization,
performing the duty of pumping out water or any other substance from the
basement or other part of a building, including necessary travel
directly connected therewith.

p. While, within the state and pursuant to orders or authorization,
instructing, supervising, being instructed or participating in a
supervised physical fitness class, group session or program for the
purpose of promoting or maintaining the performance of their duties as
firefighters, as well as necessary travel to and necessary travel from
such activity, but shall not include competitive sporting events in
which volunteer firefighters are competitors.

2. Benefits shall not be paid and provided pursuant to this chapter in
the following instances:

a. Work or service rendered by a volunteer firefighter while on a
leave of absence pursuant to either section two hundred-b or section two
hundred-c of the general municipal law, unless such work or service is
performed pursuant to subdivision one-a of section two hundred-b or
subdivision one-a of section two hundred-c of the general municipal law,
or pursuant to any other general, special or local law, charter or
ordinance or pursuant to the constitution, by-laws, rules or regulations
applicable to the fire company or fire department of which he or she is
a member.

b. Practice for and participation in any recreational, social, or fund
raising activity other than a fund raising activity for which coverage
is provided under paragraph m of subdivision one of this section.

c. Work or service rendered by a volunteer firefighter while suspended
from duty pursuant to section two hundred nine-l of the general
municipal law, article eight of the village law or pursuant to any other
general, special or local law, charter or ordinance or pursuant to the
constitution, by-laws, rules or regulations applicable to the fire
company or fire department of which he or she is a member.

d. Work or service not rendered as a volunteer firefighter, but
rendered as an officer, official or employee of a public corporation or
any special district thereof, whether with or without remuneration, even
though by law a requirement for such office, position or employment
shall be that such officer, official or employee shall have been or must
be a volunteer firefighter.

e. Work or service not rendered as a volunteer firefighter, but
rendered in the course of his or her employment for a private employer.

f. Work or service not rendered as a volunteer firefighter, but
rendered as a civil defense volunteer.

g. Work, service or activities in which the volunteer firefighter has
been ordered not to participate.

This subdivision shall not be deemed to enumerate all of the
activities engaged in by volunteer firefighters for which mandatory
coverage is not provided by this chapter, or to prohibit any of the
activities described in this subdivision, or to prevent the securing of
insurance pursuant to section four thousand two hundred thirty-seven of
the insurance law to cover volunteer firefighters when engaged in
activities other than those for which mandatory coverage is provided by
this chapter.