Section 5. Coverage  


Latest version.
  • 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 firemen, 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 firemen or fire
      officers or  fire  district  officers  as  the  authorized  delegate  or
      representative of his 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 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 firemen 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 firemen 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 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  fireman  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 is a member.
        d. Work or service not rendered as a volunteer fireman,  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 fireman.
        e. Work or service not rendered as a volunteer fireman,  but  rendered
      in the course of his employment for a private employer.
        f.  Work  or service not rendered as a volunteer fireman, but rendered
      as a civil defense volunteer.
        g. Work, service or activities in which the volunteer fireman has been
      ordered not to participate.
        This  subdivision  shall  not  be  deemed  to  enumerate  all  of  the
      activities  engaged in by volunteer firemen 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  firemen when engaged in activities
      other than those for  which  mandatory  coverage  is  provided  by  this
      chapter.