If in the judgment of the town board it is advisable for the safety and welfare of the inhabitants of a fire district in the town that the issuance of a town fire permit to burn grass, leaves, brush, rubbish, refuse, buildings or other materials in a fire district should be issued, and preliminary investigations in relation thereto should be made, by a person or persons most familiar with local grass and brush fire hazard conditions in the fire district and the availability of fire-fighting vehicles and firefighters, then the town board, notwithstanding the provisions of section one hundred thirty-eight of this chapter, may provide in any fire prevention code, whether adopted by local law or by ordinance, that an agreement may be entered into with the board of fire commissioners of any fire district located wholly or partly in the town that the issuance of such permits, and preliminary investigations in relation thereto, on behalf of the town will be performed by the fire district within the limits of such district in such town, the fire district to utilize the services of the chief engineer and assistant engineers of the fire district fire department in the performance of such duties agreed to be performed by the fire district. Any such agreement shall be for such period of time and on such terms as may be agreed upon, except that it shall provide (1) that it may be terminated by the town after written notice to the fire district and after a change in such fire prevention code to provide a different procedure for issuing such permits will become effective and (2) that it may be terminated by the fire district upon sixty days written notice to the town. If any fire prevention code contains such a provision authorizing such an agreement, the town board of the town and the board of fire commissioners of any fire district located wholly or partly in the town shall have power to enter into such agreement.
N.Y. Town Law § 139