State Codes and Statutes

Statutes > New-york > Vol > Article-2 > 5

§ 5. Coverage.  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  otheremergency 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 regulationsapplicable  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.

State Codes and Statutes

Statutes > New-york > Vol > Article-2 > 5

§ 5. Coverage.  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  otheremergency 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 regulationsapplicable  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Vol > Article-2 > 5

§ 5. Coverage.  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  otheremergency 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 regulationsapplicable  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.