Section 209-B. Emergency rescue and first aid squads  


Latest version.
  • 1. Emergencies. a. The
      authorities  having  control  of fire departments and fire companies may
      organize within such departments or companies emergency rescue and first
      aid squads composed of firemen who are members of  such  departments  or
      companies.  Such  squads,  so  organized, may render services in case of
      accidents, calamities or other  emergencies  in  connection  with  which
      their  services  may  be required, as well as in case of alarms of fire.
      Whether or not such squads have been organized, any fireman  may  render
      service  in  case  of  accidents,  calamities  or  other  emergencies in
      connection with which the services of firemen may be required,  as  well
      as in case of alarms of fire, unless he shall have been duly ordered not
      to  render  such  service  by the authorities having control of the fire
      department or company of  which  he  is  a  member.  If  a  request  for
      emergency  service  is  made  by,  or  originates from a doctor or peace
      officer, acting pursuant to his special duties, or police  officer,  and
      there  is  any  doubt as to whether an emergency exists, the judgment of
      the doctor or officer that there  is,  in  fact,  an  emergency  may  be
      accepted  as conclusive by such squad, or the fireman responding, or who
      has responded to such call. The person designated to receive  calls  for
      such  emergency  services, for the purpose of dispatching such squads or
      firemen, shall determine in the  first  instance  from  the  information
      furnished  to  him  whether  an emergency exists and his decision, if in
      good faith, as to whether or not there is an emergency shall be final in
      relation to dispatching such squads or  firemen.  Any  such  preliminary
      determination shall not be deemed to authorize the rendition of services
      if,  upon  arriving  at  the place to which dispatched, it is found that
      there is no emergency.
        b. The governing board of any city, town,  village  or  fire  district
      which  has  a  fire  department  but  which has not authorized such fire
      department to render emergency ambulance service, may contract  for  the
      furnishing to it of emergency ambulance service with another city, town,
      village  or  fire district which has in its fire department an emergency
      rescue and first aid squad duly authorized to render emergency ambulance
      service.  Before any contract to furnish emergency ambulance service  is
      entered  into, the consents of the fire department, the fire company and
      the emergency rescue and first  aid  squad  to  furnish  such  emergency
      ambulance  service shall be obtained. Each consent shall be evidenced by
      a copy of a resolution certified respectively by the  secretary  of  the
      fire  department  and fire company and by the officer then in command of
      the emergency rescue and first aid squad.
        2. General ambulance service. a. The governing board of any city, town
      which has a fire department, village or fire district which has  in  its
      fire  department an emergency rescue and first aid squad composed mainly
      of volunteer firefighters, by resolution, may authorize any  such  squad
      to furnish general ambulance service for the purpose of (1) transporting
      any  sick, injured or disabled resident or person found within the city,
      town, village or fire district to  a  hospital,  clinic,  sanatorium  or
      other  place  for  treatment  and  care  and  returning  any such person
      therefrom if still sick, injured or disabled and  (2)  transporting  any
      sick,  injured  or  disabled resident of the city, town, village or fire
      district from a hospital, clinic, sanatorium or other place  where  such
      person  has received treatment and care to any other place for treatment
      and care or  to  such  person's  home  whether  such  hospital,  clinic,
      sanatorium  or  other place where such person has received treatment and
      care is within or without the city, town, village or  fire  district  or
      the territory listed on the ambulance service certificate or certificate
      of  registration  as  the  usual  territory  within  which the ambulance
      service operates.
    
        b. The town board of a town which does not have a fire department  but
      in  which  there is a fire corporation located outside any village, fire
      district,  fire  alarm  district  or  fire   protection   district,   by
      resolution,  may  authorize  the emergency rescue and first aid squad of
      such  fire  corporation  to  furnish  general  ambulance service for the
      purpose of (1) transporting any sick, injured or  disabled  resident  or
      person   found   within   the  area  described  in  the  certificate  of
      incorporation of the fire corporation to a hospital, clinic,  sanatorium
      or  other  place  for  treatment  and care and returning any such person
      therefrom if still sick, injured or disabled and  (2)  transporting  any
      sick,  injured  or  disabled  resident  of  such  described  area from a
      hospital, clinic, sanatorium  or  other  place  where  such  person  has
      received treatment and care to any other place for treatment and care or
      to such person's home whether such hospital, clinic, sanatorium or other
      place  where  such  person  has received treatment and care is within or
      without the area described in the certificate of incorporation  of  such
      fire  corporation  or  the  territory  listed  on  the ambulance service
      certificate or certificate of registration as the usual territory within
      which the ambulance service operates.
        c. The governing board of a city, village or fire  district  which  by
      law  is authorized to contract to have fire protection furnished for any
      district or area thereof by the  fire  department  or  fire  company  of
      another  city, town, village or fire district, or a town board on behalf
      of a fire protection district or fire alarm district, may include in any
      fire protection contract a  provision  for  the  furnishing  of  general
      ambulance  service  by  the  emergency rescue and first aid squad of the
      fire department or fire company which furnishes  such  fire  protection.
      Such  general  ambulance  service  shall  be  for  the  purpose  of  (1)
      transporting any sick, injured or  disabled  resident  or  person  found
      within  the  contract district or area to a hospital, clinic, sanatorium
      or other place for treatment and care  and  returning  any  such  person
      therefrom  if  still  sick, injured or disabled and (2) transporting any
      sick, injured or disabled resident of such  contract  district  or  area
      from a hospital, clinic, sanatorium or other place where such person has
      received treatment and care to any other place for treatment and care or
      to such person's home whether such hospital, clinic, sanatorium or other
      place  where  such  person  has received treatment and care is within or
      without the contract district or area or the  territory  listed  on  the
      ambulance  service  certificate  or  certificate  of registration as the
      usual territory within which the ambulance service operates.  The  city,
      town,  village,  fire  district  or  the fire department or fire company
      thereof which is authorized to furnish such fire protection pursuant  to
      contract  shall have power to contract to furnish such general ambulance
      service.
        d. Before any authorization is granted under paragraphs  a  and  b  of
      this  subdivision,  or  before any contract to furnish general ambulance
      service is entered into pursuant to paragraph c of this subdivision, and
      before any public hearing is conducted as herein provided, the  consents
      of  the  fire  department, the fire company and the emergency rescue and
      first aid squad to  furnish  the  general  ambulance  service  shall  be
      obtained.  Each  consent  shall  be  evidenced by a copy of a resolution
      certified, respectively, by the secretary of  the  fire  department  and
      fire  company and by the officer then in command of the emergency rescue
      and first aid squad.
        e. Before authorizing general ambulance service under paragraphs a and
      b of this subdivision the governing board of a city,  town,  village  or
      fire district shall conduct a public hearing. Before the governing board
      of  a  city,  town,  village or fire district enters into a contract for
    
      fire protection which contract,  for  the  first  time  for  a  specific
      district  or  area,  provides  for  the  furnishing of general ambulance
      service pursuant to paragraph c of this subdivision, it shall conduct  a
      public  hearing  in the manner required by law, if any, for the entering
      into of a fire protection contract therefor, but if a public hearing  is
      not  required in any such case, then the public hearing shall be held as
      herein provided and the  procedure  for  publishing  notice  under  this
      paragraph shall be applicable. Notice of such hearing shall be published
      at least once in a newspaper or newspapers having general circulation in
      the  city, town, village or fire district, or, in the case of contracts,
      in the fire alarm district, fire protection district, or other  contract
      area.  In  all  cases the notice of hearing shall, in general terms, (1)
      describe  the  general  ambulance  service  which  is  proposed  to   be
      furnished,  (2)  describe  the area to be served, (3) state the names of
      the fire department, fire companies and emergency rescue and  first  aid
      squad  affected,  (4)  state  the  time and place within the city, town,
      village or fire district, or, in the case of contracts, the  fire  alarm
      district,  fire  protection district, or other contract area, where such
      hearing will be held and (5) state that all persons residing within  the
      area  to  be  served,  all  persons,  firms and corporations owning real
      property within the area to  be  served,  and  all  persons,  firms  and
      corporations  whose  business  interests  or  employment would either be
      benefited or adversely affected, whether or not a resident or  owner  of
      real  property  within the area to be served, shall have the right to be
      heard in person or by representative at the public hearing. Such  notice
      shall  be  published  at  least ten days prior to the date fixed for the
      hearing.
        f. After the hearing and after considering the statements made at  the
      hearing  the  governing  board  shall  determine whether authorizing the
      furnishing of general ambulance service,  or  the  entering  into  of  a
      contract  for  general  ambulance service, is in the public interest. If
      the governing board determines that it is  in  the  public  interest  to
      authorize  the furnishing of general ambulance service, or to enter into
      a contract for general ambulance service, it shall adopt the  resolution
      authorizing  the  same  and within ten days thereafter cause a certified
      copy of the resolution and the determination on which it is based to  be
      filed  in the office of the clerk of the county or counties in which the
      city, town, village or fire district is located. The  consents  required
      by  paragraph  d of this subdivision shall be filed with such resolution
      and determination.
        g. The determination  of  the  governing  board  in  relation  to  the
      furnishing  of  general  ambulance service shall be subject to review in
      the manner provided in article seventy-eight of the civil  practice  law
      and rules provided that application has been made therefor within thirty
      days  from  the  date  of  the  filing thereof. Such determination shall
      become final and conclusive and the resolution shall become effective at
      the expiration of such thirty days or,  if  application  for  review  be
      made, upon the final determination thereof.
        h.  When  general  ambulance  service  is  authorized pursuant to this
      subdivision, the emergency rescue and first aid squad shall  answer  all
      calls  and  demands for such service to be furnished to sick, injured or
      disabled persons entitled thereto, subject to such rules and regulations
      as shall be prescribed by authorities having control of such squad,  and
      subject  at  all times to the emergency needs of the fire department and
      any limitations  upon  such  service  specified  in  a  fire  protection
      contract.  Such  rules  and regulations may establish limitations on the
      distances which may be traveled outside the area to be served  in  order
    
      to  reach hospitals, clinics, sanatoriums or other places where care and
      treatment is to be or has been furnished.
        i.  Any  action taken pursuant to this subdivision may be rescinded by
      resolution of the governing board which has taken such action. The  term
      "resolution",  as  used  in  this  subdivision  two,  means  resolution,
      ordinance, act or local law.
        j. The provisions of this subdivision two shall apply to  all  cities,
      towns,  villages  and  fire  districts, except where the provisions of a
      general or special law  expressly  prohibit  the  rendition  of  general
      ambulance service by an emergency rescue and first aid squad of the fire
      department thereof.
        3.  Transportation of persons. Squads and persons authorized to render
      service pursuant to  this  section  shall  transport  sick,  injured  or
      disabled  persons  only  in  vehicles owned by or under the control of a
      city, town, village, fire district, a fire department or a fire  company
      unless  ordered or permitted to transport such persons in other vehicles
      by the authorities having control of the fire department or fire company
      of which he is a member.
        3-a. Mutual aid. a. The governing board of any city, town which has  a
      fire  department,  village  or  fire  district  which  has  in  its fire
      department an emergency rescue and first aid squad  composed  mainly  of
      volunteer  firefighters,  may, by resolution authorize any such squad to
      enter into one or more mutual aid agreements as defined  in  subdivision
      twenty of section three thousand one of the public health law, and/or to
      contract  with  ambulance  services  as  defined in subdivisions two and
      three of section three thousand one of the public health law to  provide
      services when the emergency rescue and first aid squad is unavailable.
        b.  The town board of a town which does not have a fire department but
      in which there is a fire corporation located outside any  village,  fire
      district,  fire  alarm  district  or  fire  protection  district may, by
      resolution, authorize the emergency rescue and first aid squad  of  such
      fire  corporation  to  enter  into  one or more mutual aid agreements as
      defined in subdivision twenty of  section  three  thousand  one  of  the
      public health law, and/or to contract with ambulance services as defined
      in  subdivisions  two  and  three  of  section three thousand one of the
      public health law to provide services  when  the  emergency  rescue  and
      first aid squad is unavailable.
        4.  Fees  and  charges  prohibited.  Emergency  and  general ambulance
      service authorized pursuant to this section shall be  furnished  without
      cost to the person served. The acceptance by any fireman of any personal
      remuneration  or  gratuity, directly or indirectly, from a person served
      shall be a ground for his expulsion or suspension as  a  member  of  the
      fire department or fire company.
        5.  The term "emergency", as used in this chapter, or in any other law
      of  general  application,  in  relation  to  the  operations   of   fire
      departments,  includes, unless a contrary intent is clearly expressed or
      indicated, the search for persons and the search for,  and  attempts  to
      recover  or the recovery of, bodies of persons even though it is posible
      or is known that all hope of life is gone.