N.Y. Volunteer Firefighters Benefit Law § 5 : Volunteer Firefighters Benefit — Coverage And Benefits — Coverage

Current through 2016 New York Laws, Chapters 1 to 237

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.

N.Y. Vol. Fire. Ben. Law § 5