§ 176-b. Volunteer members of fire district fire companies. 1. The\nvolunteer members of a fire company shall be elected and appointed as\nprovided in this section.\n 2. The board of fire commissioners shall appoint residents of the fire\ndistrict as the volunteer members of any newly organized fire company.\nThereafter, the fire company may elect other eligible persons, including\nfire district officers, as volunteer members. The election shall be\npursuant to the by-laws, if any, of the fire company; otherwise, by a\nthree-fourths vote of the members of the fire company present and voting\nat a regular or special meeting thereof. The membership of any person so\nelected shall become effective when approved by resolution of the board\nof fire commissioners. Membership shall be deemed to have been approved\npursuant to this subdivision in the event that no action is taken by the\nboard of fire commissioners, either approving or disapproving, within\nforty days after service of written notice of election to membership\nshall have been made by the secretary of the fire company upon the\nsecretary of the board of fire commissioners, either personally or by\nmail.\n 3. Any person elected to membership as a volunteer member of a fire\ncompany shall be a resident of the fire district or of territory outside\nthe fire district which is afforded fire protection by the fire\ndepartment of the fire district, or any fire company thereof, pursuant\nto a contract for fire protection, except as otherwise provided in\nsubdivision six.\n 4. The membership of a volunteer member of a fire company shall\nterminate when he ceases to be a resident of the fire district or of any\nterritory outside the fire district which is afforded fire protection by\nthe fire department of the fire district, or any fire company thereof,\npursuant to a contract for fire protection, except as otherwise provided\nin subdivision five.\n 5. Any fire company may authorize the continued membership of any\nvolunteer member where such member notifies the secretary of his or her\nfire company (a) that he or she plans to change his or her residence to\nterritory which is not in the fire district and is not protected by the\nfire department of the district, or any fire company thereof, pursuant\nto a contract for fire protection, and (b) that by reason of his or her\nresidence in the vicinity or his or her usual occupation he or she will\nbe available to render active service as a volunteer firefighter in the\nfire district or in territory outside the fire district which is\nafforded fire protection pursuant to a contract for fire protection by\nthe fire department of the fire district, or a fire company thereof.\nSuch authorization shall be pursuant to the by-laws, if any, of the fire\ncompany of which he or she is a member, otherwise by a three-fourths\nvote of the members of such fire company present and voting at a regular\nor special meeting thereof. Such authorization shall not become\neffective unless approved by resolution of the board of fire\ncommissioners. Such authorization shall be deemed to have been approved\npursuant to this subdivision in the event that no action is taken by the\nboard of fire commissioners, either approving or disapproving, within\nforty days after service of written notice of such authorization shall\nhave been made by the secretary of the fire company upon the secretary\nof the board of fire commissioners, either personally or by mail. Any\nmembership continued pursuant to the provisions of this subdivision\nshall terminate when the member cannot meet either the requirements of\nthis subdivision or the residence requirements of subdivision three of\nthis section. In the case of a fire district which adjoins another\nstate, the term "vicinity", as used in this subdivision, includes\nterritory in this state and territory in the adjoining state.\n 6. A person who cannot meet the residence requirements of subdivision\nthree of this secti
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