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Subchapter 002: OUTSIDE AID BY LOCAL FIRE DEPARTMENTS
§ 2961. Authorization
Any town, city, or private volunteer fire department may, by ordinance or resolution,
authorize and permit its firefighting forces and equipment to go to the aid of a person,
corporation, or private volunteer fire department in another municipality, subject
to any conditions and restrictions set forth in the ordinance or resolution. (Amended 2021, No. 20, § 182.)
§ 2962. Liability
No political subdivision or private volunteer fire department whose fire fighting
forces are rendering outside aid pursuant to this subchapter shall be liable on account
of any act or omission on the part of such forces while so engaged, or on account
of the maintenance or use of any equipment or supplies in connection therewith, nor
shall any commissioner, chief, or the superior officer of a fire department, fire
company, or other firefighting force acting pursuant to this subchapter be liable
on account of any act or omission on the part of any of his or her subordinates while
such subordinates are rendering aid pursuant to this subchapter under the command
of an officer other than himself or herself.
§ 2963. Payment
(a) The person, corporation, private volunteer fire department, or political subdivision
that is aided pursuant to this subchapter may reimburse the political subdivision
or private volunteer fire department furnishing such aid, such compensation for such
services as may be agreed upon by a contract between such person, corporation, private
volunteer fire department, or political subdivision and the private volunteer fire
department or political subdivision furnishing such aid.
(b) Nothing contained in this subchapter shall prevent any assisting private volunteer
fire department or political subdivision from assuming all or any part of such loss,
damage, expense, or other cost as a result of assistance rendered, or from loaning
such equipment, or from donating such services to the receiving private volunteer
fire department or political subdivision without charge or cost.
§ 2964. Powers, duties, rights, privileges, and immunities of members
Whenever the firefighting forces of any town, city, or private volunteer fire department
are rendering aid pursuant to this subchapter, the officers and members of such firefighting
forces shall have the same powers, duties, rights, privileges, and immunities as if
they were performing their duties in the political subdivision in which they are normally
employed.
§ 2965. Application to other states
The provisions of this subchapter shall apply with respect to firefighting forces
and equipment of other states of the United States that render services in this State
in answer to a call for assistance provided that the laws of any such state contain
substantially similar provisions, as certified by the Secretary of State, with respect
to firefighting forces and equipment of this State when rendering service in such
other state in answer to a call for assistance.
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Subchapter 003: FIRE MUTUAL AID SYSTEMS
§ 2981. Mutual aid fire protection authorized by municipality
A municipality or fire district may vote to authorize its fire department, by its
chief or chief engineer, to enter into agreements with such other duly authorized
fire departments, or any private and volunteer fire department, as seem appropriate
to provide mutual aid fire protection on a systematic basis. A municipal fire department
so authorized may join in the formation or operation, or both, of a district fire
mutual aid system, which shall be a public municipal corporation, as provided under
sections 2986 through 2992 of this title. (1967, No. 255 (Adj. Sess.), § 1, eff. Feb. 20, 1968.)
§ 2982. Private and volunteer fire department may enter into mutual aid agreements
A private and volunteer fire department may enter into a district fire mutual aid
system, which shall be a public municipal corporation, as provided under sections
2986 through 2992 of this title. (Added 1967, No. 255 (Adj. Sess.), § 2, eff. Feb. 20, 1968.)
§ 2983. Voting qualifications
The qualifications for voting to authorize a municipal fire department to enter into
mutual aid agreements shall be the same as those for the election of town officers. (Added 1967, No. 255 (Adj. Sess.), § 3, eff. Feb. 20, 1968.)
§ 2984. Vote on authorization
The vote on the question of authorizing a municipal fire department to enter into
mutual aid agreements may be by voice vote or by ballot on a question substantially
as follows:
Article —. To see if the town will authorize its fire department, by its chief, to
enter into agreements with such other duly authorized fire departments, or any private
and volunteer fire department, as seem appropriate to provide mutual fire protection
on a systematic basis. (Added 1967, No. 255 (Adj. Sess.), § 4, eff. Feb. 20, 1968.)
§ 2985. State aid in preparation
When requested to do so by any fire department, the State Fire Marshal shall aid and
assist in the preparation and development of agreements. (Added 1967, No. 255 (Adj. Sess.), § 5, eff. Feb. 20, 1968.)
§ 2986. District fire mutual aid systems; formation of
Whenever three or more municipalities within the State vote to authorize their respective
fire departments to render outside aid as provided in sections 2981 through 2985 of this title, they may, if they so desire, form a district fire mutual aid system, which shall
be a public municipal corporation. They may petition the State Fire Marshal in writing
to call the organization meeting of the system. (Added 1967, No. 255 (Adj. Sess.), § 6, eff. Feb. 20, 1968.)
§ 2987. Organization
Upon receipt of a petition pursuant to section 2986 of this subchapter, the State
Fire Marshal shall call the first or organization meeting of the system by giving
written notice to the chief of each fire department in the system and may invite private
fire departments within the designated area to join in the meeting by giving similar
notice to them. Each fire department shall send one delegate to the organization and
subsequent meetings and shall be entitled to one vote in all proceedings. The delegate
shall be the chief of each fire department or his or her designee. At the organization
meeting, the members of the system shall adopt articles of association and bylaws
and rules for the future government and operation of the system that shall take effect
upon submission to and approval by the Attorney General, who shall cause them to be
recorded by the Secretary of State. The system shall be deemed to be formally established
upon that recording. The organization meeting shall also elect a board of directors
consisting of such number as the delegates determine. Delegates and directors need
not be residents. The board of directors shall be the governing body of the system
and shall serve for terms of one year and until their successors are elected and qualify.
The delegates shall choose from their number the officers of the system, except that
a secretary or a treasurer, or both, may be nondelegates. All officers shall have
such duties and powers as the bylaws provide. Within the limits of available funds,
the directors may employ and fix the compensation of agents and other necessary personnel
who shall serve at their pleasure and have and exercise such powers and authority
as they may delegate to them. (Added 1967, No. 255 (Adj. Sess.), § 7, eff. Feb. 20, 1968; amended 1979, No. 31; 2021, No. 20, § 183.)
§ 2988. Powers and duties
A district fire mutual aid system shall coordinate the services of all fire departments
belonging to it so as to provide better and more efficient cooperation in the protection
of life and property against fire and in the case of other accidental or natural emergency
within the area that it comprises. It may establish an overall plan or plans for that
coordination. Within the limits of available funds, it may acquire and operate property
and equipment, including a dispatch center and a communications service, and may extend
the advantages of group purchasing and benefits to departments in the system. It may
provide and operate training programs for firefighters and others, or enter into agreements
with other agencies or institutions to provide and operate those programs. It shall
cooperate with other State agencies and with the civil defense authorities, State
and local. The State Fire Marshal may give advice, recommendations, and assistance
to the system on request. It may accept any and all donations, gifts, and grants of
money, property, equipment, supplies, materials, and services from the federal or
any State or local government, or any agency of federal, State, or local government
and from any person, firm, or corporation, for any of its purposes and functions under
this subchapter, and may receive and utilize the donations, gifts, and grants subject
to the terms, conditions and rules governing the donations, gifts, and grants. (Added 1967, No. 255 (Adj. Sess.), § 8, eff. Feb. 20, 1968; amended 2021, No. 20, § 184.)
§ 2989. Joining and withdrawal
Additional municipalities within the State may join the system, as provided in sections
2981 through 2985 of this title, and shall be received as members subject to the approval of the board of directors.
Municipalities that do not have active fire departments may be admitted as members
upon such conditions as the board of directors may fix. Private fire departments within
the State may also be accepted by the board of directors as members, with equal voting
rights under such arrangements as are mutually agreed upon. A municipality or private
fire department may, by vote of its governing board, withdraw from the system, but
the withdrawal shall not be effective until 90 days after written notice of the withdrawal
shall have been delivered to one of the officers of the system. (Added 1967, No. 255 (Adj. Sess.), § 9, eff. Feb. 20, 1968.)
§ 2990. Limitation of liability
There shall be no liability imposed by law on the system or on any municipality, on
the personnel of its fire department, nor on any private fire department or its personnel,
belonging to such a system, for failure to respond or to respond reasonably for the
purpose of extinguishing a fire or assisting in the case of other accidental or natural
emergency. This immunity is not intended to be exclusive of other immunities existing
by statute or at common law. (Added 1967, No. 255 (Adj. Sess.), § 10, eff. Feb. 20, 1968.)
§ 2991. Appropriations
Municipalities belonging to such a system may raise and appropriate money for the
purposes of the system. The General Assembly may authorize and appropriate money
for the purposes of the system. (Added 1967, No. 255 (Adj. Sess.), § 11, eff. Feb. 20, 1968.)
§ 2992. Definition
The term “private fire department” includes fire protection organizations operated
by industries, institutions, and establishments for self-protection and also nonprofit
volunteer fire associations. Nothing contained in this subchapter shall be construed
to interfere with the exclusive jurisdiction vested by law in the State Forester and
the State Forester’s subordinates over forest fires as provided in 10 V.S.A. § 2603(d); 10 V.S.A. chapter 83, subchapters 4 and 7; or 10 V.S.A. chapter 81, nor to affect the laws governing prevention or extinguishment of forest fires. Nothing
contained in this subchapter shall be construed to interfere with general authorization
vested by law in a chief engineer of a fire district or chief of a volunteer fire
department to give outside aid as provided in sections 2674 and 2961 of this title. (Added 1967, No. 255 (Adj. Sess.), § 12, eff. Feb. 20, 1968; amended 2021, No. 105 (Adj. Sess.), § 395, eff. July 1, 2022.)