Section 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 shall
  satisfy  the  basic  requirements  for  education,  health  and physical
  fitness established by the governor  pursuant  to  section  one  hundred
  fifty-nine-d 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 fire fighting personnel standards
  and  education  commission,  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  governor  pursuant  to  section  one  hundred
  fifty-nine-d 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 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.