Fire Protection Districts

• Author: Raymond S. DiRaddo
• Pages: 819-840

Chapter 23

Fire Protection Districts

New York Fire District Officers’ Guide

§23:10 23-2

§23:10 CREATION OF FIRE PROTECTION DISTRICTS

Fire protection districts, unlike fire districts, are not separate units of government and are not political

subdivisions of the state. As fire districts have their own elected board of fire commissioners governing them,

fire protection districts are created by and under the control of the town board. Town Law §184 (1). The protected

area receives fire protection only under the terms of a contract. A town board on its own motion or on petition

can create a fire protection district, or alter the boundaries of a fire protection district. Town Law §184 (2).

Consolidation of adjoining fire protection districts or dissolving a fire protection district is now accomplished

under General Municipal Law Article 17-A. Unlike fire districts, there is no authority for the appointment or

election of commissioners of a fire protection district. Opinion of the State Comptroller 87-28.

The town board has the option, when it creates the fire protection district, to contract for both equipment and

fire fighting personnel. Alternately, the town board can purchase its own fire protection apparatus and equipment,

and contract for the operation, maintenance and repair of the apparatus, and the furnishing of the fire protection.

This protection within the fire protection district is obtained by contractual arrangement between the town board

and any city, village, fire district or incorporated fire company maintaining adequate and suitable equipment in

such fire protection district. Town Law §184 (2).

If a fire protection district is involved in a consolidation, such that the fire protection district will be

terminated after the consolidation, it is imperative that the issue of assets and liabilities of the fire protection

district be addressed in the consolidation agreement.

§23:20 FIRE PROTECTION CONTRACT

A fire protection contract cannot be entered into until the town board holds a public hearing. The contract,

besides calling for fire protection, may also include furnishing emergency service in case of accident, calamity,

or other emergency for which the service of firefighters would be required and also general ambulance service

may be required. However, general ambulance service must have been legally and properly established by the

fire department. Town Law §184 (3).

There is no requirement, however, for the board of fire commissioners to hold a public hearing before

entering into a fire protection contract with the town.

§23:20.1 PERMISSION OF FIRE DEPARTMENT

Before the contract can be entered into between the fire district commissioners and the town, the fire

department or fire company must give its consent. If the contract is for the use of the emergency rescue and first

aid squad, then such squad must also consent. Town Law §184 (10).

§23:20.1.1 THE PUBLIC HEARING

Since the fire protection contract cannot be entered into until a public hearing has been held by the town

board, notice of the hearing shall be published at least once in at least one newspaper having general circulation

in the district.

§23:20.1.2 NOTICE OF THE PUBLIC HEARING

The notice of the public hearing must specify the time and place of the hearing, and describe in general terms

the proposed contract. The first publication shall be at least 10 days prior to the day specified for the hearing.