§ 209-w. Permanent appointment of fire fighters; completion of\ntraining program. 1. Notwithstanding the provisions of any general,\nspecial, or local law or charter to the contrary, no person shall, after\nthe effective date of regulations adopted by the state fire\nadministrator pursuant to section one hundred fifty-eight of the\nexecutive law, receive an original appointment on a permanent basis as a\nfire fighter of any county, city, town, village, or fire district unless\nsuch person has previously been awarded a certificate by the state fire\nadministrator attesting to his or her satisfactory completion of an\napproved fire basic training program; and every person who is appointed\non a temporary basis or for a probationary term or on other than a\npermanent basis as a fire fighter of any county, city, town, village or\nfire district shall forfeit his or her position as such unless he or she\npreviously has satisfactorily completed, or within the time prescribed\nby regulations promulgated by the state fire administrator pursuant to\nsection one hundred fifty-eight of the executive law, satisfactorily\ncompletes, a fire basic training program for temporary or probationary\nfire fighters and is awarded a certificate by the state fire\nadministrator attesting thereto.\n 2. The term fire fighter, as used in this section, shall mean a member\nof a fire department whose duties include fire service as the phrase\nfire service is defined in paragraph d of subdivision eleven of section\nthree hundred two of the retirement and social security law.\n 3. Nothing in this section shall be construed to exempt any fire\nfighter or other officer or employee from the provisions of the civil\nservice law.\n 4. The provisions of this section shall not prevent the establishment\nof more restrictive local requirements for appointment of fire fighters.\n 5. Any person whose name was on an eligible list for appointment in\nthe competitive class of the civil service as a fire fighter on the\neffective date of any rules and regulations promulgated by the state\nfire administrator pursuant to section one hundred fifty-eight of the\nexecutive law shall continue to remain eligible for permanent\nappointment from such list during the life of such list without\nsatisfying the requirements set forth in subdivision one of this\nsection, provided he or she would otherwise have remained eligible for\npermanent appointment from such list if this section had not been\nenacted.\n 6. The provisions of this section shall not apply to appointments made\nby any county, city, town, village or fire district which employs five\nor fewer fire fighters.\n
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