58-A - Requirements for provisional or permanent appointment of certain fire fighters.
§ 58-a. Requirements for provisional or permanent appointment of certain fire fighters. 1. Notwithstanding any other provision of this law or any general, special or local law to the contrary, no person shall be eligible for provisional or permanent appointment in the competitive class of the civil service as a fire fighter unless he shall satisfy the basic requirements for education, health and physical fitness established by the governor pursuant to section one hundred fifty-nine-d of the executive law. 2. Notwithstanding the provisions of subdivision one of this section, upon the request of a municipal commission having jurisdiction over a fire department and upon a showing by such municipal commission and a determination by the state commission that aggravated recruitment difficulties are causing a serious shortage of fire fighters in such fire department and that such municipal commission and all appropriate authorities are making diligent efforts, including payment of adequate compensation, to overcome such recruitment difficulties, the state commission, with the approval of the fire fighting personnel standards and education commission, may change the educational, health and physical fitness requirements for provisional and permanent appointment as a fire fighter in such fire department for a period not exceeding two years from the date of such determination. Such changes may be authorized for an additional period not exceeding two years, upon a showing and a determination similar to that required hereunder for the original authorization. 3. The provisions of this section shall not prevent the establishment of more restrictive local requirements for eligibility for fire fighters. 4. For the purposes of this section fire fighter means a member of a fire department whose duties include fire service as the phrase fire service is defined in paragraph d of subdivision eleven of section three hundred two of the retirement and social security law. 5. Any person whose name was on an eligible list for appointment in the competitive class of the civil service as a fire fighter on the date educational, health and physical fitness requirements for fire fighters are promulgated by the governor pursuant to section one hundred fifty-nine-d of the executive law, shall continue to remain eligible for appointment from such list during the life of such list without satisfying such requirements provided he would otherwise have remained eligible for appointment from such list if this section had not been enacted. 6. The provisions of this section shall not apply to appointments made by any county, city, town, village or fire district which employs five or fewer fire fighters.