§ 1402. Fire corporations.\n (a) Certificate of incorporation; additional contents.\n In addition to the requirements of section 402 (Certificate of\nincorporation; contents), the certificate of incorporation of a fire\ncorporation shall state the precise boundaries of the territory in which\nthe corporation intends to operate.\n (b) Type of corporation.\n A fire corporation is a charitable corporation under this chapter.\n (c) Appointment of firefighters.\n (1) A person shall not be eligible to be named in the certificate of\nincorporation of a fire corporation unless he shall be at least eighteen\nyears of age and a resident of a city, village, fire district, or town\noutside of villages and fire districts, where the fire corporation\nintends to operate.\n (2) If the fire corporation becomes part of the fire department of a\ncity, village or fire district, a person shall not be eligible to be\nelected as a member or to continue as a member except as provided by law\nfor volunteer members of the fire companies in such city, village or\nfire district.\n (3) In towns outside of villages and fire districts, the consent of a\nmajority of the members of the town board to the formation of a fire\ncorporation shall constitute an appointment of the persons named in the\ncertificate of incorporation as town firefighters. Thereafter, other\neligible persons may be elected as members pursuant to the by-laws of\nthe fire corporation, but the election of a member must be approved by\nthe town board of each town which consented to the formation of the fire\ncorporation. Such a person shall be a resident of the territory\nspecified in the certificate of incorporation or of territory outside\nsuch boundaries which is afforded fire protection by the fire\ncorporation pursuant to a contract for fire protection under which a\ncash consideration is received by the corporation or for which\nnegotiations for renewal of such a contract are pending. The membership\nof any volunteer member shall terminate when such member ceases to be a\nresident of such inside or outside territory, except that the\ncorporation may authorize their continued membership where such member\nnotifies the secretary of the fire corporation (a) that they plan to\nchange their residence to a territory which is not in such inside or\noutside territory, and (b) that by reason of such member's residence in\nthe vicinity or such member's usual occupation they will be available to\nrender active service as a volunteer firefighter in either such inside\nor such outside territory. Voting for such authorization shall be\npursuant to the by-laws. Such authorization shall not become effective\nunless approved by resolution of the town board of each town which\nconsented to the formation of the corporation. Any membership so\ncontinued shall terminate when the member can no longer meet the\nrequirements of this subparagraph. A person who cannot meet the\nresidence requirements of this subparagraph may be elected to membership\nas a volunteer member if by reason of such member's residence in the\nvicinity or such member's usual occupation they will be available to\nrender active service as a volunteer firefighter in such inside or\noutside territory. Voting for such election shall be pursuant to the\nby-laws. Such election shall not become effective unless approved by\nresolution of the town board of each town which consented to the\nformation of the corporation. Such membership shall terminate when the\nmember can no longer meet the requirements of this subparagraph. The\nelection or continuance of any person as a member shall be deemed to\nhave been approved by the town board pursuant to this subparagraph in\nthe event that no action is taken by the town board, either approving or\ndisapproving, within forty days in the case of residents of the\nterritory specified in the certificate of incorporation or of outside\ncontract territory, and within seventy days in the case of all
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