N.Y. Comp. Codes R. & Regs. tit. 9 § 210.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 210.2 - Definitions

For purposes of this Part:

(a) "Authority Having Jurisdiction" shall mean the governmental body which possesses the legal responsibility for providing fire protection as follows:

(1) For a fire district and joint fire district it shall mean the board of fire commissioners.

(2) For a village it shall mean the village board of trustees.

(3) For a fire protection district, it shall mean the town board that contracts to provide fire protection.

(4) For a city it shall mean the governing body vested with such power.

(b) "Active Volunteer Firefighter" shall mean a person who has been approved by a legally organized fire district, department or company as a firefighter and who is faithfully and actually performing service in the protection of life and property from fire or other emergency, accident or calamity in connection with which the services of the fire district, department or company are required.

(c) "Benefit Provider" shall mean an insurance company authorized to engage in the business of insurance in this State providing Enhanced Cancer Disability Benefits to eligible volunteer firefighters or the authority having jurisdiction that is self-funding an Enhanced Cancer Disability Benefits Program.

(d) "Cancer" shall mean (i) a disease caused by an uncontrolled division of abnormal cells in a part of the body or a malignant growth or tumor resulting from the division of abnormal cells and (ii) affecting the prostate or breast, lymphatic, hematological, digestive, urinary, neurological, or reproductive systems or melanoma.

(e) "Enhanced Cancer Disability Benefits" shall mean the benefits set forth in General Municipal Law section 205-c c(2)(a)-(d).

(f) "Faithful and actual service" shall mean participation in the firefighting activities of a legally organized volunteer fire district, department or company.

(g) "Fit Test" shall mean the self-contained breathing apparatus fit test conducted yearly pursuant to requirements of 29 CFR 1910.134 for an immediately dangerous to life and health atmosphere.

(h) "Interior Firefighter" shall mean an active volunteer firefighter who (a) has the minimum training to conduct interior structural firefighting duties as determined by the fire district, department or company, (b) has been deemed physically and medically qualified pursuant to 29 CFR 1910.134 to use self-contained breathing apparatus; (c) has successfully completed fit test(s); and (d) has been designated by the fire district, department or company to perform interior structural firefighting duties in an immediately dangerous to life and health atmosphere.

(i) "Office of Fire Prevention and Control" shall mean the New York State Division of Homeland Security and Emergency Services Office of Fire Prevention and Control.

(j) "Physical Examination" shall mean a medical evaluation by a board-certified physician or other licensed health care professional, who, within the scope of their practice, determined the interior firefighter's ability to use a respirator and perform interior structural firefighting activities, and shall include completion of the mandatory OSHA Respiratory Medical Evaluation Questionnaire contained in 29 CFR 1910.134, Appendix C.

(k) "Reporting Year" shall mean December 1st through November 30^th.

(l) "Total disability" means a disability caused by cancer and that prevents a volunteer firefighter from being an active volunteer firefighter.

(m)"Year of firefighting service" means a consecutive twelve-month period during which an active volunteer firefighter participates in the service of and meets the minimum standards established by the fire district, department or company.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 210.2

Adopted New York State Register October 17, 2018/Volume XL, Issue 40, eff. 10/17/2018