Policy For Use of Real Property

March 27, 2010

POLICY FOR USE OF REAL PROPERTY OF THE FIREFIGHTERS ASSOCIATION OF THE STATE OF NEW YORK (FASNY)

THE BOARD OF DIRECTORS OF THE FIRFIGHTERS ASSOCIATION OF THE STATE OF NEW YORK (FASNY), PURSUANT TO ARTICLE lll SECTION 1 (1.1) OF ASSOCIATION‘S BY-LAWS ADOPTS THE FOLLOWING RULES CONCERNING THE USE OF FASNY REAL PROPERTY.

GENERAL REQUIREMENTS

The use of FASNY real property is limited to those who have made application to the Association and received approval in accordance with this policy. The application shall be developed by the Board of Directors in accordance with this policy, and the approval shall be evidenced by the issuance of a Permit for use of the real property, signed by the parties.

  1. Due to State Education Chartering regulations and the lease agreement with FASNY the FASNY Museum of Firefighting is exempt from these rules for all its leased property with the exception of item #6 contained herein. This also applies to any current and future lease holders on their respective leased premises.
  2. The use of FASNY facilities is restricted to firefighter groups such as fire departments, companies, county fire organizations, sectional organizations, firefighter auxiliaries, and the FASNY Museum of Firefighting. Other users may be permitted that comply with the Association’s charitable purposes and missions.FASNY property can only be used exclusively for carrying out thereon, one or more of FASNY’s tax exempt purposes or a use reasonably incident to its major purpose or purposes, and shall not be used for any other purpose. NO activity jeopardizing the tax exempt status of FASNY or activity conflicting with FASNY’s “Policy Concerning Third Party Use of FASNY Property” will be allowed.Starting with the application process and through the real property use at the FASNY Hudson facilities and grounds, if approved, each applicant will incorporate the Home members recreational, social, and entertainment needs assisting FASNY in meeting its charitable purpose(s) and tax exempt status.
  3. Unless otherwise indicated within this document, insurance will be required and maintained with coverage of $1,000,000 per incident/ $2,000,000 aggregate at minimum. FASNY must be named as additional insured and conform to certificate language as requested on the Property Use Application. All insurance policies will be provided by user and must be on file at the FASNY office at 107 Washington Ave. 30 days prior to start of event. The certificate shall be marked “Premium paid” and shall have endorsed hereon “No cancellation of any change on the policy shall become effective without 30 days notice to FASNY”, which notice provisions are provided in this agreement. Each policy of insurance shall provide that the insurer is obligated to provide a legal defense in the event any claim is made against FASNY and said policy of insurance shall be on a primary-non-contributing basis and the Certificate of Insurance shall be marked accordingly.
  4. Sectional and County Organizations of FASNY Firefighters are exempt from the insurance requirements if they have no insurance of their own. A signed statement from the organization will be required indicating same. ALL groups must complete a Property Use Application and submit same no later than 60 days prior to the scheduled event. All applications are to be sent to the CAO at 107 Washington Avenue, Albany NY 12210. The CAO will forward a copy of any application which relates to the premises in Hudson, New York, to the Home Administrator to disperse to appropriate personnel. The original will be on file at the FASNY office at 107 Washington Avenue, Albany, New York.
  5. The applicant’s use of the premises shall comply with all applicable federal, state, FAA, and local Laws, Rules, and regulations. Alcoholic beverages will not be served without specific Board of Director’s approval. The sale of alcoholic beverages is only allowed with special approval by the FASNY Board of Directors.  In these cases Part 3 of this policy must be met as well as receipt of a Liquor Liability Policy and Liquor License from the seller.
  6. Effective November 1, 2013 a new law prohibits smoking on all grounds with specific parameters of all hospitals and residential health care facilities. Therefore, FASNY has adopted a policy strictly prohibiting smoking on ALL FASNY property.  This includes all indoor and outdoor areas, and inside personal automobiles on FASNY grounds and property.  Smoking is prohibited for all employees, FASNY officials, vendors, and visitors.  This policy will be strictly enforced.
  7. Parking is allowed only in designated areas. Failure to comply can result in vehicles being towed at the owner’s expense.
  8. Upon completion of an activity on FASNY premises, the CAO, or his/her designee, will inspect all buildings and grounds to be sure they are in the same condition as they were prior to use and take such corrective action as may be necessary.Upon completion of an activity on the Hudson premises relating to areas inside the Firefighter’s Home buildings or grounds in proximity thereto, the Home Administrator may inspect the buildings and grounds and report property conditions and possible corrective action to the CAO.
  9. The property may not be used in any manner that may create a nuisance which annoys, disturbs, or is injurious to health or offensive to the senses. The user shall not conduct itself or allow others to conduct themselves in a manner that disrupts or disturbs neighboring premises, or at the Hudson site, disrupt or disturb the members of the Home.To prevent the above and for the health, safety, and privacy for our Home members, staff and visitors at the Home and FASNY Museum of Firefighting Unmanned Aerial Systems (UAS) such as drones are not permitted to be operated above FASNY owned airspace from on or off the Hudson campus grounds of FASNY at any time unless such use has been pre-approved by FASNY through the filing and approval of a property use application. FASNY will consider any violation of this policy a breach of privacy, trespassing, and reckless endangerment pending the unauthorized use of a UAS over FASNY owned airspace.
  10. FASNY activities have priority in the use of all facilities, and FASNY’s issuance of a permit may be made subject to or contingent upon certain requirements, matters or things, in the best interest of FASNY.

ADDITIONAL POLICIES FOR PROPERTY AT HUDSON NY

  1. The Board of Directors will not impose a charge for use of the premises, but in proper cases, may require reimbursement of FASNY costs or expenses as the Board deems appropriate under the circumstances. Events requiring portable restroom facilities shall be provided by the property user at their expense.
  2. Use of campers and tents will be restricted to a maximum of 3 nights only for those families visiting or participating in approved FASNY activities. A signed camper’s agreement application must be on file with the FASNY office.
    1. In the event of bad weather or other hazardous conditions a FASNY designated representative at his/her sole discretion may cancel or suspend such activity that could adversely affect FASNY grounds or structures, visitors, guests, employees etc.
    2. All use of FASNY property will end by 11:00 PM. All Home members, participants, spectators, visitors etc. shall be off the premises by 11:30 PM. Field lights shall be turned off by 11:30 PM.

The Policy and rules herein may be modified, amended, limited, restricted or conditioned by the Board of Directors, in its sole discretion, in the best interests of FASNY.

FASNY BOD Approved Revision:  02/10/12
Amended:  01/24/14
Amended:  05/06/17