Can a volunteer firefighter from one New York company help fight fires in another company's territory where he lives or works?

Plain-English summary

A volunteer firefighter may be a member of only one fire company under Town Law § 176-b(10). But many volunteers live in one area and work in another, and the fire that breaks out near their workplace may belong to a different company than the one they joined. General Municipal Law § 209-i(1-a) is the statutory bridge.

The Maynard Fire District asked how the cross-company service authorization works. The AG laid out the structure.

A volunteer firefighter who is a member of one company and who regularly is present in another company's coverage area, because of residence or employment, may offer his services to the officer in command of that other company. The officer may accept if the receiving company's governing body has pre-authorized acceptance of cross-company services. Once acceptance is authorized, the volunteer can help at fires, other emergency scenes, or general or emergency ambulance service runs.

The "governing body" varies with the receiving company's type:

• Fire company in a city or village: the legislative body of the municipality.
• Fire company in a fire district: the board of fire commissioners.
• Fire company in an area outside cities, villages, and fire districts: the town board.

Once that body authorizes the commanding officer to accept cross-company services, the commanding officer has discretion whether to accept any particular offer.

This is a useful workaround for the one-membership rule. A volunteer firefighter does not have to choose between his home company and his workplace community; he can stay with his original company while still being able to respond near his workplace, as long as both sides agree.

Currency note

This opinion was issued in 1999. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Why can't a volunteer just join two companies?

Town Law § 176-b(10) bars dual membership. The policy concern is administrative: rosters, training records, equipment assignments, length-of-service awards, and disability benefits would get tangled if firefighters belonged to multiple companies. The § 209-i(1-a) cross-company service mechanism preserves single membership while allowing operational flexibility.

Does the volunteer get the same legal protections in the cross-company role?

The statute treats the cross-company volunteer as offering services to the receiving company. Workers' compensation coverage, liability protection, and other benefits are generally tied to the volunteer's home company under the Volunteer Firefighters Benefit Law, but the operational details depend on the specific statute and the arrangement.

How does this differ from mutual aid?

Mutual aid is company-to-company assistance for specific incidents, usually under inter-municipal agreements. Cross-company service under § 209-i(1-a) is individual-firefighter to receiving-company on a recurring basis. The two arrangements serve different needs and can coexist.

Who authorizes the cross-company acceptance in a village?

The village board of trustees, the legislative body for fire companies in cities and villages. It is an explicit authorization granted to the commanding officer; not something the chief can unilaterally do.

Can the receiving company turn down a volunteer's offer?

Yes. The commanding officer has discretion. He can decline if training, equipment, or operational fit are not right. The statute creates the framework; it does not force acceptance.

Background and statutory framework

General Municipal Law § 209-i is the cross-company service statute, with subdivision (1-a) the specific provision for residential or employment-based offers. The provision dates to a 1980s amendment recognizing the practical realities of volunteer firefighting in suburban and ex-urban communities where people commute.

Town Law § 176-b is the volunteer firefighter membership statute. § 176-b(10) is the one-company-only rule. Together with § 209-i(1-a), the two statutes create the basic framework for individual volunteer participation in New York's volunteer fire service.

The governing-body authorization requirement reflects the diverse organizational structures of New York fire service: village fire departments, fire district companies, and unincorporated-area town fire companies all have different oversight bodies. The statute matches each type with its natural authorizing authority.

Citations

• General Municipal Law § 209-i(1-a) (cross-company service by volunteer firefighters; governing-body authorization).
• Town Law § 176-b(10) (one-company membership rule for volunteer firefighters).

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_99-41_pw.pdf

Original opinion text

Opn. No. 99-41
GENERAL MUNICIPAL LAW § 209-i(1-a); TOWN LAW § 176-b(10).
The governing body of a fire company or department may permit the commanding officer to accept the
services of a volunteer firefighter who is a member of another company.
December 31, 1999
Randal B. Caldwell, Esq.
Maynard Fire District
9478 River Road, Route 49
Marcy, NY 13403

Informal Opinion
No. 99-41

Dear Mr. Caldwell:
You have requested an opinion regarding the appropriate procedure whereby a volunteer fire
company may utilize the services of a volunteer firefighter who is a member of another company.
Although a volunteer firefighter may not be a member of more than one fire company or
department (see Town Law § 176-b[10]), General Municipal Law § 209-i(1-a) authorizes a firefighter to
offer his services to a company or department other than the one to which he belongs. Under the statute,
a volunteer firefighter who is a member of a fire company or department and regularly is in an area
served by another volunteer fire company or department by reason of his residence or employment, may
offer his services on an on-going basis to the officer in command of that company or department. If the
officer in command accepts the offer, the volunteer may assist the company or department at fires, other
emergency scenes or in providing general or emergency ambulance services. General Municipal Law §
209-i(1-a).
Section 209-i(1-a) provides that the officer in command may accept the services of a non-member
firefighter if the governing body of his company or department has authorized him to do so. Id. For fire
companies or departments in cities or villages, the governing body is the legislative body of the
municipality; for fire companies or departments in fire districts, the governing body is the board of fire
commissioners; for fire companies or departments in areas outside of villages, cities and fire districts,
the governing body is the town board. Id. Once the governing body has authorized the commanding
officer of the company or department to accept such services, he may do so in his discretion. Id.
We conclude that the governing body of a fire company or department may permit the
commanding officer to accept the services of a volunteer firefighter who is a member of another
company.
The Attorney General renders formal opinions only to officers and departments of State
government. This perforce is an informal and unofficial expression of the views of this office.
Very truly yours,
JAMES D. COLE
Assistant Solicitor General
In Charge of Opinions