Authorizes certain organizations in a city of one million or more to be known as "fire patrols" under the not-for-profit corporation law and includes fire patrol vehicles as emergency vehicles under the vehicle and traffic law.
STATE OF NEW YORK
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6808
2019-2020 Regular Sessions
IN ASSEMBLY
March 20, 2019
___________
Introduced by M. of A. CUSICK, MALLIOTAKIS -- read once and referred to
the Committee on Corporations, Authorities and Commissions
AN ACT to amend the not-for-profit corporation law and the vehicle and
traffic law, in relation to the operation of fire patrols; and provid-
ing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The not-for-profit corporation law is amended by adding a
2 new section 1413 to read as follows:
3 § 1413. Fire patrols.
4 (a) "Fire patrol" means any entity whose services include protecting
5 life and property through the safe and efficient means of modern salvage
6 and property damage mitigation techniques, of saving or reducing the
7 loss of property exposed to water, smoke or gasses, and thereby reducing
8 losses to property owners, and of other public benefits, including but
9 not limited to assisting fire departments or other public agencies in
10 the course of their respective duties when duly authorized thereby,
11 shall be governed by this chapter and shall be known as and may use the
12 term "fire patrol" or "fire patrols" to describe such entity. No other
13 entity shall use such terms. Any fire patrol incorporated on or after
14 April first, two thousand ten shall only operate within the boundaries
15 of Richmond county.
16 (b) Nothing in this chapter shall permit any fire patrol to operate
17 and provide emergency response services except in response to properties
18 located completely within the boundaries of Richmond county nor to oper-
19 ate as a successor in interest to any fire patrol incorporated or which
20 operated prior to April first, two thousand ten.
21 (c) Fire patrols, in the execution of their purposes, including but
22 not limited to assisting fire departments or other public agencies in
23 the course of their respective duties, shall have the power to enter any
24 building on fire or which may be exposed to or in danger of loss or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00078-01-9
A. 6808 2
1 damage by fire, smoke or water, or in which property may be in danger of
2 loss or damage from fire, smoke or water, and to protect and endeavor to
3 save the property therein and, when necessary, to remove such property
4 or any part thereof; provided, however, that the officer of the fire
5 department or agency in charge at the scene of any fire or emergency
6 expressly permits the fire patrol to enter the property prior to such
7 entry and such entry does not interfere with the actions of the members
8 of the fire department or public agency to which the fire patrol is
9 rendering assistance, and the fire patrol shall in all respects and at
10 all times when rendering assistance to a fire department or public agen-
11 cy shall be subordinate to and under the control of the fire department
12 or public agency to which assistance is rendered. Nothing herein shall
13 limit or prohibit the fire patrol so operating to conduct educational
14 programs or other non-response activities consistent with its mission
15 and standing as a duly organized and recognized not-for-profit corpo-
16 ration in any other part of the state in addition to Richmond county.
17 § 2. Section 101 of the vehicle and traffic law, as amended by chapter
18 446 of the laws of 2003, is amended to read as follows:
19 § 101. Authorized emergency vehicle. Every ambulance, police vehicle
20 or bicycle, correction vehicle, fire vehicle, fire patrol vehicle, civil
21 defense emergency vehicle, emergency ambulance service vehicle, blood
22 delivery vehicle, county emergency medical services vehicle, environ-
23 mental emergency response vehicle, sanitation patrol vehicle, hazardous
24 materials emergency vehicle and ordnance disposal vehicle of the armed
25 forces of the United States.
26 § 3. The opening paragraph of section 115-a of the vehicle and traffic
27 law, as amended by chapter 176 of the laws of 1973, is amended to read
28 as follows:
29 Every vehicle operated for fire service purposes owned and identified
30 as being owned by the state, a public authority, a county, town, city,
31 village or fire district, or a fire corporation subject to the
32 provisions of [subdivision] paragraph (e) of section fourteen hundred
33 two of the not-for-profit corporation law [or], a fire company as
34 defined in section one hundred of the general municipal law or a fire
35 patrol as defined in paragraph (a) of section fourteen hundred thirteen
36 of the not-for-profit corporation law. Any of the following vehicles
37 shall be fire vehicles only for the purpose of section one hundred one
38 of this [chapter] article:
39 § 4. This act shall take effect immediately and shall expire and be
40 deemed repealed 5 years after such date.
