Can a New York fire district require volunteer firefighters to have a high school diploma?

Plain-English summary

Somers Fire District wanted to require that prospective volunteer members have a high school diploma or equivalency certificate. The stated reason was to ensure the candidate could complete the required training and competently perform firefighter duties. The board asked whether this was a lawful condition of membership.

The AG concluded yes. Town Law § 176(11) authorizes a board of fire commissioners to "adopt rules and regulations governing all fire companies and fire departments in said district." Op Atty Gen (Inf) No. 97-49 had established that this authority reaches qualifications for line offices in the department. Membership qualifications fit within the same regulatory authority.

Town Law § 176-b sets baseline statewide requirements for volunteer fire department membership, and § 176-b(12) specifically allows fire companies to require additional qualifications by bylaw, rule, or regulation beyond what the statute mandates. The fire district has authority to impose conditions that ensure its companies can perform their statutorily mandated fire protection services (Town Law § 170).

The AG offered a practical caveat. A high school diploma requirement might exclude qualified candidates unnecessarily. Prior AG opinions established that minors aged 16 and older are eligible as volunteer firefighters (Op Atty Gen (Inf) 85-53; 84-62; 1977 Op Atty Gen (Inf) 149). High school students often serve as volunteers, sometimes very valuable ones. A blanket diploma rule could cut off that pipeline.

As an alternative, the AG suggested the board consider requiring the State's certified training program (currently mandatory only for paid firefighters under 19 NYCRR Part 426). The program is voluntarily available to volunteers and is more rigorous than the volunteer-firefighter-specific training in Labor Law Article 27-A. Required completion would give the board a competence baseline without the diploma proxy.

The decision between the two paths is policy: the board has authority for either or both.

Currency note

This opinion was issued in 2000. 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

Could a district require a college degree instead?

Probably, under the same regulatory authority, but the policy tradeoffs intensify. A college degree requirement would exclude a much larger share of the volunteer pool. The legal authority exists; the policy question is whether the requirement is reasonable.

What if a current volunteer doesn't meet a newly imposed requirement?

The district board would need to address whether the rule applies prospectively only (new applicants) or retroactively (existing members). Retroactive disqualification of long-time volunteers raises additional fairness concerns and may face challenge.

How does Labor Law Article 27-A differ from 19 NYCRR Part 426?

Article 27-A is the New York State Public Employee Safety and Health Act, which extends OSHA standards to public employees. The training requirements for volunteer firefighters under Article 27-A focus on PESH compliance. 19 NYCRR Part 426 is the State's firefighter training and certification program, more comprehensive, normally applicable to paid firefighters. The AG was noting that the more comprehensive program is available to volunteers as an option.

Can the requirement be applied to officer positions only?

Yes. The board can require diploma or certification for line officer eligibility (lieutenant, captain, chief) while allowing rank-and-file membership without it. That tiered approach is consistent with Op Atty Gen (Inf) No. 97-49.

Does this affect Length of Service Award Program (LOSAP) eligibility?

LOSAP eligibility is governed by separate statutes (Volunteer Firefighters Benefit Law, General Municipal Law Article 11-A). A district's local rule does not override those statutory eligibility criteria; it can only add to them, not subtract.

Background and statutory framework

Town Law Article 11 governs fire districts, with § 176 listing fire commissioner powers and duties. § 176(11)'s rulemaking authority is the source of most district-level qualifications and operational rules.

Town Law § 176-b is the volunteer firefighter membership statute. It sets baseline requirements (age, character, residency in some cases) and explicitly permits additional requirements through department bylaws and rules in § 176-b(12).

19 NYCRR Part 426 is the State's Firefighter Certification Program, run by the Office of Fire Prevention and Control within the Department of State. The program offers various certification levels with corresponding training and examination requirements.

The AG's recurring advice in this area is to use the regulatory authority deliberately and proportionately. Membership rules that exclude qualified volunteers without strong policy justification erode the volunteer fire service.

Citations

• Labor Law Article 27-A (Public Employee Safety and Health Act; volunteer firefighter training).
• Town Law § 170 (fire district obligation to furnish fire protection).
• Town Law § 176(11) (fire commissioner rulemaking authority).
• Town Law § 176-b (volunteer firefighter membership).
• Town Law § 176-b(12) (departmental bylaws/rules may add to statutory requirements).
• 19 NYCRR Part 426 (State firefighter certification program).
• Op Atty Gen (Inf) No. 97-49 (commissioners may set qualifications for line officers).
• Op Atty Gen (Inf) Nos. 85-53, 84-62; 1977 Op Atty Gen (Inf) 149 (minors 16+ eligible as volunteer firefighters).
• Op Atty Gen (Inf) No. 83-1 (fire district obligated to provide protection to all property in district).

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_2000-4_pw_0.pdf

Original opinion text

Opn. No. 2000-4
LABOR LAW ART. 7-A; TOWN LAW §§ 170, 176(11), 176-b; 19 NYCRR Part 426.
A board of fire commissioners may require that prospective volunteer members of a fire company have
high school degrees or equivalency certificates. As an alternative, the board may consider requiring
volunteers to undergo the state's certified training currently required only for paid firefighters.
April 10, 2000
Joseph L. Latwin, Esq.
Board of Fire Commissioners
Town of Somers Fire District
P.O. Box 300
Somers, New York 10589

Informal Opinion
No. 2000-4

Dear Mr. Latwin:
You inquire whether the board of fire commissioners of the Somers Fire District may require, as a
condition of volunteer membership in a fire company, that prospective members have completed high
school or earned a high school equivalency certificate. You state that the purpose of such a requirement
would be to ensure that members have the ability to complete the required training courses and
competently perform the duties of a firefighter. We conclude that nothing precludes the district board of
fire commissioners from imposing such a requirement, and note that other alternatives exist as well to
accomplish the board's expressed goals.
Section 176(11) of the Town Law provides in pertinent part that the board of fire commissioners
may "adopt rules and regulations governing all fire companies and fire departments in said district." We
have previously concluded that, because firefighting operations are fire district activities governed by
the provisions of the Town Law and by the rules and regulations enacted by the board of fire
commissioners, a board of fire commissioners is authorized to establish qualifications to hold line
offices in a fire department. Op Atty Gen (Inf) No. 97-49.
While Town Law § 176-b sets forth certain requirements for membership in a volunteer fire
department, subdivision 12 thereof states as follows:
The provisions of this section shall not be deemed to authorize the election of any person as
a member of a fire company, or the continuance of membership in a fire company as herein
provided, if such election or continuance of membership shall be contrary to the by-laws,
rules or regulations of the fire company or of the fire department of the fire district.
A fire district is obligated to furnish fire protection services to all property within its boundaries
(see Town Law § 170; see also Op Atty Gen [Inf] No. 83-1). The proposed requirement that all
prospective members have high school educations or equivalency certificates falls within the regulatory
authority of the board, in that the rule is intended to ensure that the fire companies within its boundaries
are capable of providing the statutorily mandated services. Therefore, we conclude that the board of fire
commissioners may require that prospective members of a fire company possess high school diplomas
or equivalency certificates.
However, we note that the requirement of a high school diploma may unnecessarily restrict the
pool of potential volunteers. Prior opinions of the Attorney General have concluded that minors sixteen
years and older are eligible to serve as volunteer members of fire departments. See Op Atty Gen (Inf)
85-53; Op Atty Gen [Inf] 84-62; 1977 Op Atty Gen [Inf] 149. We have been advised that in many fire
districts high school students successfully act as volunteers and are valuable additions to their fire
companies. Therefore, as an alternative to the requirement of a high school diploma or equivalency
certificate, the board of fire commissioners could consider requiring that all new volunteer members
attend the certified training program which is currently mandated only for paid firefighting personnel in
New York. See 19 NYCRR Part 426. (The program is available to volunteer firefighters on a voluntary
basis.) The state's certified training program, which is more rigorous than the training mandated for
volunteer firefighters (see, Labor Law Art. 27-A), is designed to be an accurate gauge of a firefighter's
ability to perform his or her duties. The Attorney General renders formal opinions only to officers and
departments of the State government. This perforce is an informal and unofficial expression of the views
of this office.
Very truly yours,
WILLIAM E. STORRS
Assistant Solicitor General