Can a volunteer firefighter belong to two different fire companies at once if one of them only does ambulance work?

Plain-English summary

The Amagansett Fire District asked whether one volunteer could belong to both a volunteer fire company and a volunteer ambulance company within the same department. The AG said no.

Town Law § 176-b(10) reads: "A person shall not be eligible to volunteer membership in more than one fire company at one time." The AG read that sentence as written. It does not distinguish between fire companies that do firefighting and those that do ambulance work. Town Law § 176(13) and General Municipal Law § 209-b(1)(a) make clear that volunteer fire companies can include rescue and first-aid squads, and a 1986 AG opinion (1986 Op Atty Gen (Inf) 120) had already applied the parallel village-fire provision to bar a dual membership where the second company would have done rescue work.

General Municipal Law § 209-i(1-a) allows a firefighter who, because of residence or usual occupation, is regularly in another company's or department's area to offer ongoing help to its officer in command at a fire or with ambulance services. Once accepted, the volunteer has the powers, rights, privileges, and immunities granted by law to volunteer firefighters during the time of service. The AG drew the line between assisting and becoming a member of a second company.

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

What is the practical difference between "membership" and "assisting"?

The opinion says the volunteer may help another company without joining it. Once the officer in command accepts the volunteer's services, the volunteer receives the powers, rights, privileges, and immunities provided by law during that service. The opinion does not compare the companies' voting or benefit rules.

Why did the Legislature draw this line?

The opinion applies the text of Town Law § 176-b(10), which bars membership in more than one fire company at a time. It does not give a policy reason for the prohibition.

Can a firefighter belong to one fire company and also be a member of an unrelated EMS agency (like a hospital-affiliated paramedic service)?

The opinion addresses membership in two fire companies. It does not decide whether a volunteer may also join a separate organization that is not a fire company.

What if a single fire company expands to include an ambulance squad?

That is permitted. Town Law § 176(13) and General Municipal Law § 209-b expressly allow a volunteer fire company to include rescue or first-aid squads as part of its own operations. The bar in § 176-b(10) is on belonging to two different companies at once, not on a single company doing both functions.

Does a member who quits one company have to wait to join another?

The opinion quotes a prohibition on membership in more than one company "at one time." It does not discuss the process or timing for changing companies.

Background and statutory framework

Town Law § 176 is cited for the point that volunteer fire companies may include emergency rescue and first aid squads. Town Law § 176-b(10) contains the dual-membership prohibition applied in this opinion.

General Municipal Law § 209-i(1-a) allows a volunteer firefighter regularly in another company's or department's area because of residence or usual occupation to offer ongoing assistance to its officer in command.

The 1986 AG opinion the AG relied on (1986 Op Atty Gen (Inf) 120) applied the parallel ban in the Village Law's fire department provisions. Both villages and town fire districts have the same fundamental rule: one fire company at a time.

Citations

• Town Law § 176 (volunteer fire companies, scope of services).
• Town Law § 176-b(10) (dual-membership ban).
• General Municipal Law § 209-i(1-a) (volunteer may assist another company).
• 1986 Op Atty Gen (Inf) 120 (parallel village-fire ban).

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_99-2_pw.pdf

Original opinion text

OPINIONS OF THE ATTORNEY GENERAL

Page 1 of 2

Opn. 99-02
TOWN LAW §§ 176, 176-b(10); GENERAL MUNICIPAL LAW § 209-i(1-a). Town Law § 176-b(10) prohibits a person from becoming a member of more than one fire company, whether he or she performs firefighting or emergency and general ambulance services. A member of one company may assist another company or department in the provision of emergency and general ambulance services. January 19, 1999 John P. Courtney, Esq. Amagansett Fire District P.O. Box 720 249 Main Street Amagansett, New York 11930

Informal Opinion
No. 99-2

Dear Mr. Courtney:
You have requested an opinion regarding whether Town Law § 176-b(10) prohibits membership in both a volunteer fire company and a volunteer ambulance company within the same department. Town Law § 176-b(10) provides that "[a] person shall not be eligible to volunteer membership in more than one fire company at one time." This provision does not distinguish between types of fire companies. Volunteer fire companies may include emergency rescue and first aid squads. Town Law § 176(13); General Municipal Law § 209-b(1)(a). In construing a parallel provision governing village fire departments, we concluded that a volunteer firefighter of a fire company is ineligible to become a member of another village fire company in which he would provide rescue squad services. 1986 Op Atty Gen (Inf) 120. Although a person may not become a member of two fire companies, a volunteer firefighter who, because of his residence or usual occupation, is regularly in the area served by a volunteer fire company or department of which he is not a member may volunteer his services on an on-going basis to the officer in command of the company or department for the purpose of assisting at a fire or in the provision of general or emergency ambulance services. General Municipal Law § 209-i(1-a). Once the volunteer's services are accepted, he is entitled to all powers, rights, privileges and immunities granted by law to volunteer firefighters during the time such services are rendered. Id. Therefore, while Town Law § 176-b(10) prohibits a person from becoming a member of more than one fire company, he is not prohibited from assisting another fire company or department in the provision of general or emergency ambulance services. 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, YVONNE M. HOVE Assistant Attorney General

http://www.oag.state.ny.us/lawyers/opinions/1999/informal/99_02.html

4/20/2006