Attorney General Opinions Applicable to Volunteer Fire Departments and Volunteer Firefighters
Opinion Number 1979-282
TOWN MAY NOT PURCHASE DISABILITY INSURANCE FOR MEMBERS OF VOLUNTEER FIRE DEPARTMENT UNLESS CONTRACTUAL RELATIONSHIP EXISTS. UNDER CERTAIN CIRCUMSTANCES COUNCIL MEMBERS WHO SERVE AS VOLUNTEERS MAY RECEIVE COVERAGE.
Opinion Number 1979-394
Fire Districts organized pursuant to the Code of Alabama 1975, Section 11-89-1 are entitled to a county tag under the provisions of the Code of Alabama 1975, Section 40-12-250.
Opinion Number 1983-136
VOLUNTEER FIRE DEPARTMENTS SHOULD HAVE LIABILITY INSURANCE ON MOTOR VEHICLES PLACED IN THEIR POSSESSION BY THE STATE FORESTRY COMMISSION. DISCUSSION OF LIABILITY OF STATE FORESTRY COMMISSION, COUNTY GOVERNING BODIES AND VOLUNTEER FIRE DEPARTMENTS WITH REFERENCE TO NEGLIGENT ACTIONS BY MEMBERS OF THE VOLUNTEER FIRE DEPARTMENT.
Opinion Number 1984-168
PURCHASE OF EQUIPMENT BY VOLUNTEER FIRE DEPARTMENT WITH FUNDS FROM PRIVATE SOURCES IS NOT SUBJECT TO THE COMPETITIVE BID LAW.
Opinion Number 1986-117
THE SUPERVISION OF THE SUMMERDALE VOLUNTEER FIRE DEPARTMENT CHIEF DEPENDS UPON THE NATURE OF THE RELATIONSHIP BETWEEN THE TOWN OF SUMMERDALE AND THE FIRE DEPARTMENT. FIRE DEPARTMENT CANNOT RESTRICT MEMBERSHIP TO MALES ONLY, BUT MAY CHARGE FEES FOR MEMBERSHIP. FIREMEN CAN BE PAID AN EXPENSE ALLOWANCE FOR ATTENDING MEETINGS AND FIRES.
Opinion Number 1987-028
A COUNTY GOVERNMENT MAY PROPERLY PERFORM FREE GRADING, FILLING, GRAVELING AND PAVING WORK FOR RURAL VOLUNTEER FIRE DEPARTMENTS.
Opinion Number 1988-325
WHILE THE CITY MAY, UNDER CODE OF ALABAMA 1975, SECTION 9-3-18, DONATE FUNDS TO THE TRUSSVILLE VOLUNTEER FIRE DEPARTMENT, THE CITY SHOULD, WITH SOME CAUTION, CONTRACT WITH THE VOLUNTEER FIRE DEPARTMENT.
Opinion Number 1989-062
1. TITLE AND OWNERSHIP OF EQUIPMENT PURCHASED FREE OF SALES TAX FROM THE STATE BID LIST BY RECOGNIZED VOLUNTEER FIRE DEPARTMENT MAY NOT BE TRANSFERRED TO AN INDIVIDUAL IN EXCHANGE FOR A CONTRIBUTION OF THE PURCHASE AMOUNT. 2. MEMBER OF RECOGNIZED VOLUNTEER FIRE DEPARTMENT MAY NOT PURCHASE THROUGH SUCH ORGANIZATION EQUIPMENT FOR PERSONAL USE FROM THE STATE BID LIST AND AVOID THE PAYMENT OF SALES TAX.
Opinion Number 1989-297
A Judge of Probate may not charge a volunteer fire department any fees for filing articles of incorporation. The Code of Alabama 1975, Section 40-9-13(A) exempts volunteer fire departments from payment of any state, county and municipal taxes, licenses, fees and charges of any nature whatsoever.
Opinion Number 1993-224
The Code of Alabama 1975, Section 40-9-13 exempts a volunteer fire department from the payment of a special events liquor license fee.
Opinion Number 1994-083
Tax funded revenues received by volunteer fire departments sanctioned by municipalities are subject to audit as are other municipal funds.
Opinion Number 1996-051
Before citing questions 3 and 6 from this opinion, see opinion issued to Hon. Charles B. Cole, Mayor, town of New Brockton, dated 3-28-2003, A.G. No. 2003-115.
An independent firefighters auxiliary is formed by citizens and firefighters without action by the city council.
A municipality may not allow a firefighters auxiliary to use municipally owned facilities and equipment for fundraisers or any other purpose.
The name "Firefighters Auxiliary" is an appropriate title for an independent group organized to assist a volunteer fire department.
Funds appropriated to a volunteer fire department by a municipality may be used to purchase soft drinks and sandwiches for consumption by firefighters during a working fire call to combat dehydration, etc.
The city may not buy food items to be resold to the public at a profit for fundraising purposes.
Opinion Number 1996-086
If a volunteer fire department or rescue squad is sanctioned by a municipality its funds are subject to audit with other municipal funds. If a volunteer fire department or rescue squad receives public funds, the Examiners of Public Accounts are authorized to audit its accounts although such fire department or rescue squad is not sanctioned by a municipality.
Opinion Number 1997-248
Mayor and councilmen, who are members of the volunteer fire department, may vote on matters pertaining to the volunteer fire department, if they receive no compensation as volunteer firemen.
Opinion Number 1999-019
Under facts presented, if no tax revenue is received, neither city nor volunteer fire department has an obligation to provide fire protection in the police jurisdiction, absent a contract.
Firemen traveling to assist in emergencies outside the municipality have protection against liability as provided by statute.
Opinion Number 1999-085
Discussion of the exemption from payment of utility taxes for volunteer fire departments.
Opinion Number 1999-165
A council member who serves as a volunteer fireman may be reimbursed for expenses or given an expense allowance for the fire and medical calls made by him.
A city council member may drive a vehicle belonging to Volunteer Fire Department to his home if the officials in charge of the department authorize him to do so. This issue should also be addressed to the State Ethics Commission.
Opinion Number 2000-194
The Center Point Fire District is authorized to make a donation of funds to the spouse of a firefighter killed in the line of duty if the board of directors determines it is within its corporate powers to make the expenditure.
Opinion Number 2001-059
Discussion of the control over funds of a volunteer fire department.
Opinion Number 2001-138
The requirements of membership and payment of dues are valid requirements for eligibility to vote on matters before a volunteer fire department if the bylaws require membership and payment of dues in order to vote.
Opinion Number 2001-151
Pursuant to their authority to protect the health, safety, and welfare of the public, volunteer fire departments may enter private property to extinguish a fire. Volunteer, nonprofit fire departments acting gratuitously and in good faith are entitled to immunity provided in section 6-5-335 of the Code of Alabama. The liability of firefighters, fire departments, and municipalities, in general, however, can only be determined by a court of competent jurisdiction.
Opinion Number 2001-270
The Elmore County Commission may contribute, either through a monetary donation or by use of county equipment, to a firefighters’ nonprofit association if the Commission determines that such a contribution will serve a public purpose.
Opinion Number 2001-281
Discussion of appropriate uses of various funds earmarked for volunteer fire departments from local tax, county general fund, and/or fundraising.
Opinion Number 2002-261
Discussion providing that Section 40-9-13(a) of the Code of Alabama does not require that property or services offered by a county or municipal government for sale or rent to the public be provided free to volunteer fire departments and other organizations described in the statute.
Opinion Number 2003-061
The Alabama Emergency Management Act authorizes the Alabama Emergency Management Agency (“AEMA”) and county EMAs to involve individuals and organizations that are not part of the government in emergency management activities in support of the Special Population Protection (“SPP”) program. The Emergency Management Act and Volunteer Service Act provide immunity from civil liability for volunteers and volunteer organizations assisting the SPP program, provided they are acting on behalf of the State.
Opinion Number 2004-044
Discussion providing that a volunteer fire department is exempt from building inspection fees levied by the county.
Opinion Number 2004-178
Because volunteer fire departments are not state agencies, section 1-2A-7 of the Code of Alabama does not require that the department fly the state flag. If a department is sanctioned by a municipality, the fire department building may be a municipal building that must fly the flag under section 1-2A-5.
Opinion Number 2005-046
Discussion providing that a municipality may contract with a volunteer fire department to provide services to the community, and discussion of several aspects of such contracts.
Opinion Number 2005-198
The chief of a municipal fire department or municipally sanctioned volunteer fire department, as an assistant to the State Fire Marshal, who has complied with APOST standards may, if directed by the Fire Marshal, issue a citation for the violation of a state law related to the matters set forth in section 36-19-2 of the Code of Alabama.
Opinion Number 2006-108
A volunteer fire department certified by the Alabama Forestry Commission is subject to the Open Meetings Act.
A county volunteer fire association is subject to the act.
A quorum of the governing body or a committee or subcommittee of a certified volunteer fire department or county volunteer fire association at a prearranged gathering required by law; a prearranged gathering at which it can exercise its powers or approve the expenditure of public funds; or a gathering at which it deliberates specific matters expected to come before the body, committee, or subcommittee at a later date, is a meeting subject to the act.
Opinion Number 2007-104
Current law does not specifically prohibit persons 16 years old and older from riding in fire trucks to the scene of a fire. If the Alabama Department of Labor (“Department”) determines that such activities are a danger to life and limb, the Department may promulgate rules and regulations that regulate or restrict the ability of persons who are under 18 years of age.
Opinion Number 2009-063
Volunteer firemen at the scene of a vehicle accident do not have arrest powers other than those of a private citizen. The chief of a municipally sanctioned volunteer fire department may, under certain limited circumstances as set forth in A.G. Opinion No. 2005-198, issue citations. A volunteer firefighter's privately owned vehicle is not an authorized emergency vehicle unless designated as such by the chief of police of an incorporated city or the Director of Public Safety. Only authorized emergency vehicles may use red lights visible from the front of such vehicle. No vehicle other than an authorized emergency vehicle may have flashing white lights other than signal lights and emergency flashers authorized by section 32-5-241(d)(3) of the Code of Alabama.
Opinion Number 2009-075
Municipal ordinances relating to fire protection, such as building codes and burn permits, may be enforced within the police jurisdiction of the municipality. Only municipal police officers have the authority to issue citations for violations of these municipal ordinances. The chief of a municipal fire department or municipally sanctioned volunteer fire department, as an assistant to the State Fire Marshal, who has complied with APOST standards, may, if directed by the Fire Marshal, issue a citation for the violation of a state law related to the matters set forth in section 36-19-2 of the Code of Alabama.
Opinion Number 2009-098
The mayor of a city or town does not have oversight over who may be accepted as a local volunteer firefighter if the volunteer fire department is organized as a nonprofit corporation.
Opinion Number 2010-027
Because fire districts may be created as firefighting districts or firefighting and medical services districts, the types of calls to which the Turnerville Volunteer Fire Department must respond depends on the type of district created in its bylaws.
Opinion Number 2010-103
A municipality’s authority over fire protection and rescue services in the police jurisdiction is not exclusive. If, however, a municipality undertakes to provide fire protection in its police jurisdiction, the services provided in the police jurisdiction should be provided equally throughout the police jurisdiction.
E-911 boards, municipalities, and volunteer fire departments should work together to ensure the most efficient service to persons in their districts. A municipality may contract with a volunteer fire department to provide service in a portion of the police jurisdiction, provided that the protection is equal to that provided elsewhere in the jurisdiction. The municipality may contract with an E-911 board.
Opinion Number 2011-054
A volunteer fire department is exempt from solid waste disposal fees under section 40-9-13 of the Code of Alabama.
Opinion Number 2011-061
The Mt. Olive Fire Protection District (“District”) is not required to direct traffic during motor vehicle incidents. Whether the District should do so, and who should provide training, are policy determinations to be made by the District.
The District may not perform routine traffic control in nonemergency circumstances.
Volunteer firefighters may be granted limited immunity under section 6-5-335 of the Code of Alabama when acting gratuitously and in good faith.
The sheriff, Alabama Department of Public Safety, constables, and the District should cooperate to ensure adequate, timely traffic control at an incident.
Note: This list is not all inclusive. Opinions of the Attorney General may be researched or read on the Attorney General’s official web site http://www.ago.state.al.us.
TOWN MAY NOT PURCHASE DISABILITY INSURANCE FOR MEMBERS OF VOLUNTEER FIRE DEPARTMENT UNLESS CONTRACTUAL RELATIONSHIP EXISTS. UNDER CERTAIN CIRCUMSTANCES COUNCIL MEMBERS WHO SERVE AS VOLUNTEERS MAY RECEIVE COVERAGE.
Opinion Number 1979-394
Fire Districts organized pursuant to the Code of Alabama 1975, Section 11-89-1 are entitled to a county tag under the provisions of the Code of Alabama 1975, Section 40-12-250.
Opinion Number 1983-136
VOLUNTEER FIRE DEPARTMENTS SHOULD HAVE LIABILITY INSURANCE ON MOTOR VEHICLES PLACED IN THEIR POSSESSION BY THE STATE FORESTRY COMMISSION. DISCUSSION OF LIABILITY OF STATE FORESTRY COMMISSION, COUNTY GOVERNING BODIES AND VOLUNTEER FIRE DEPARTMENTS WITH REFERENCE TO NEGLIGENT ACTIONS BY MEMBERS OF THE VOLUNTEER FIRE DEPARTMENT.
Opinion Number 1984-168
PURCHASE OF EQUIPMENT BY VOLUNTEER FIRE DEPARTMENT WITH FUNDS FROM PRIVATE SOURCES IS NOT SUBJECT TO THE COMPETITIVE BID LAW.
Opinion Number 1986-117
THE SUPERVISION OF THE SUMMERDALE VOLUNTEER FIRE DEPARTMENT CHIEF DEPENDS UPON THE NATURE OF THE RELATIONSHIP BETWEEN THE TOWN OF SUMMERDALE AND THE FIRE DEPARTMENT. FIRE DEPARTMENT CANNOT RESTRICT MEMBERSHIP TO MALES ONLY, BUT MAY CHARGE FEES FOR MEMBERSHIP. FIREMEN CAN BE PAID AN EXPENSE ALLOWANCE FOR ATTENDING MEETINGS AND FIRES.
Opinion Number 1987-028
A COUNTY GOVERNMENT MAY PROPERLY PERFORM FREE GRADING, FILLING, GRAVELING AND PAVING WORK FOR RURAL VOLUNTEER FIRE DEPARTMENTS.
Opinion Number 1988-325
WHILE THE CITY MAY, UNDER CODE OF ALABAMA 1975, SECTION 9-3-18, DONATE FUNDS TO THE TRUSSVILLE VOLUNTEER FIRE DEPARTMENT, THE CITY SHOULD, WITH SOME CAUTION, CONTRACT WITH THE VOLUNTEER FIRE DEPARTMENT.
Opinion Number 1989-062
1. TITLE AND OWNERSHIP OF EQUIPMENT PURCHASED FREE OF SALES TAX FROM THE STATE BID LIST BY RECOGNIZED VOLUNTEER FIRE DEPARTMENT MAY NOT BE TRANSFERRED TO AN INDIVIDUAL IN EXCHANGE FOR A CONTRIBUTION OF THE PURCHASE AMOUNT. 2. MEMBER OF RECOGNIZED VOLUNTEER FIRE DEPARTMENT MAY NOT PURCHASE THROUGH SUCH ORGANIZATION EQUIPMENT FOR PERSONAL USE FROM THE STATE BID LIST AND AVOID THE PAYMENT OF SALES TAX.
Opinion Number 1989-297
A Judge of Probate may not charge a volunteer fire department any fees for filing articles of incorporation. The Code of Alabama 1975, Section 40-9-13(A) exempts volunteer fire departments from payment of any state, county and municipal taxes, licenses, fees and charges of any nature whatsoever.
Opinion Number 1993-224
The Code of Alabama 1975, Section 40-9-13 exempts a volunteer fire department from the payment of a special events liquor license fee.
Opinion Number 1994-083
Tax funded revenues received by volunteer fire departments sanctioned by municipalities are subject to audit as are other municipal funds.
Opinion Number 1996-051
Before citing questions 3 and 6 from this opinion, see opinion issued to Hon. Charles B. Cole, Mayor, town of New Brockton, dated 3-28-2003, A.G. No. 2003-115.
An independent firefighters auxiliary is formed by citizens and firefighters without action by the city council.
A municipality may not allow a firefighters auxiliary to use municipally owned facilities and equipment for fundraisers or any other purpose.
The name "Firefighters Auxiliary" is an appropriate title for an independent group organized to assist a volunteer fire department.
Funds appropriated to a volunteer fire department by a municipality may be used to purchase soft drinks and sandwiches for consumption by firefighters during a working fire call to combat dehydration, etc.
The city may not buy food items to be resold to the public at a profit for fundraising purposes.
Opinion Number 1996-086
If a volunteer fire department or rescue squad is sanctioned by a municipality its funds are subject to audit with other municipal funds. If a volunteer fire department or rescue squad receives public funds, the Examiners of Public Accounts are authorized to audit its accounts although such fire department or rescue squad is not sanctioned by a municipality.
Opinion Number 1997-248
Mayor and councilmen, who are members of the volunteer fire department, may vote on matters pertaining to the volunteer fire department, if they receive no compensation as volunteer firemen.
Opinion Number 1999-019
Under facts presented, if no tax revenue is received, neither city nor volunteer fire department has an obligation to provide fire protection in the police jurisdiction, absent a contract.
Firemen traveling to assist in emergencies outside the municipality have protection against liability as provided by statute.
Opinion Number 1999-085
Discussion of the exemption from payment of utility taxes for volunteer fire departments.
Opinion Number 1999-165
A council member who serves as a volunteer fireman may be reimbursed for expenses or given an expense allowance for the fire and medical calls made by him.
A city council member may drive a vehicle belonging to Volunteer Fire Department to his home if the officials in charge of the department authorize him to do so. This issue should also be addressed to the State Ethics Commission.
Opinion Number 2000-194
The Center Point Fire District is authorized to make a donation of funds to the spouse of a firefighter killed in the line of duty if the board of directors determines it is within its corporate powers to make the expenditure.
Opinion Number 2001-059
Discussion of the control over funds of a volunteer fire department.
Opinion Number 2001-138
The requirements of membership and payment of dues are valid requirements for eligibility to vote on matters before a volunteer fire department if the bylaws require membership and payment of dues in order to vote.
Opinion Number 2001-151
Pursuant to their authority to protect the health, safety, and welfare of the public, volunteer fire departments may enter private property to extinguish a fire. Volunteer, nonprofit fire departments acting gratuitously and in good faith are entitled to immunity provided in section 6-5-335 of the Code of Alabama. The liability of firefighters, fire departments, and municipalities, in general, however, can only be determined by a court of competent jurisdiction.
Opinion Number 2001-270
The Elmore County Commission may contribute, either through a monetary donation or by use of county equipment, to a firefighters’ nonprofit association if the Commission determines that such a contribution will serve a public purpose.
Opinion Number 2001-281
Discussion of appropriate uses of various funds earmarked for volunteer fire departments from local tax, county general fund, and/or fundraising.
Opinion Number 2002-261
Discussion providing that Section 40-9-13(a) of the Code of Alabama does not require that property or services offered by a county or municipal government for sale or rent to the public be provided free to volunteer fire departments and other organizations described in the statute.
Opinion Number 2003-061
The Alabama Emergency Management Act authorizes the Alabama Emergency Management Agency (“AEMA”) and county EMAs to involve individuals and organizations that are not part of the government in emergency management activities in support of the Special Population Protection (“SPP”) program. The Emergency Management Act and Volunteer Service Act provide immunity from civil liability for volunteers and volunteer organizations assisting the SPP program, provided they are acting on behalf of the State.
Opinion Number 2004-044
Discussion providing that a volunteer fire department is exempt from building inspection fees levied by the county.
Opinion Number 2004-178
Because volunteer fire departments are not state agencies, section 1-2A-7 of the Code of Alabama does not require that the department fly the state flag. If a department is sanctioned by a municipality, the fire department building may be a municipal building that must fly the flag under section 1-2A-5.
Opinion Number 2005-046
Discussion providing that a municipality may contract with a volunteer fire department to provide services to the community, and discussion of several aspects of such contracts.
Opinion Number 2005-198
The chief of a municipal fire department or municipally sanctioned volunteer fire department, as an assistant to the State Fire Marshal, who has complied with APOST standards may, if directed by the Fire Marshal, issue a citation for the violation of a state law related to the matters set forth in section 36-19-2 of the Code of Alabama.
Opinion Number 2006-108
A volunteer fire department certified by the Alabama Forestry Commission is subject to the Open Meetings Act.
A county volunteer fire association is subject to the act.
A quorum of the governing body or a committee or subcommittee of a certified volunteer fire department or county volunteer fire association at a prearranged gathering required by law; a prearranged gathering at which it can exercise its powers or approve the expenditure of public funds; or a gathering at which it deliberates specific matters expected to come before the body, committee, or subcommittee at a later date, is a meeting subject to the act.
Opinion Number 2007-104
Current law does not specifically prohibit persons 16 years old and older from riding in fire trucks to the scene of a fire. If the Alabama Department of Labor (“Department”) determines that such activities are a danger to life and limb, the Department may promulgate rules and regulations that regulate or restrict the ability of persons who are under 18 years of age.
Opinion Number 2009-063
Volunteer firemen at the scene of a vehicle accident do not have arrest powers other than those of a private citizen. The chief of a municipally sanctioned volunteer fire department may, under certain limited circumstances as set forth in A.G. Opinion No. 2005-198, issue citations. A volunteer firefighter's privately owned vehicle is not an authorized emergency vehicle unless designated as such by the chief of police of an incorporated city or the Director of Public Safety. Only authorized emergency vehicles may use red lights visible from the front of such vehicle. No vehicle other than an authorized emergency vehicle may have flashing white lights other than signal lights and emergency flashers authorized by section 32-5-241(d)(3) of the Code of Alabama.
Opinion Number 2009-075
Municipal ordinances relating to fire protection, such as building codes and burn permits, may be enforced within the police jurisdiction of the municipality. Only municipal police officers have the authority to issue citations for violations of these municipal ordinances. The chief of a municipal fire department or municipally sanctioned volunteer fire department, as an assistant to the State Fire Marshal, who has complied with APOST standards, may, if directed by the Fire Marshal, issue a citation for the violation of a state law related to the matters set forth in section 36-19-2 of the Code of Alabama.
Opinion Number 2009-098
The mayor of a city or town does not have oversight over who may be accepted as a local volunteer firefighter if the volunteer fire department is organized as a nonprofit corporation.
Opinion Number 2010-027
Because fire districts may be created as firefighting districts or firefighting and medical services districts, the types of calls to which the Turnerville Volunteer Fire Department must respond depends on the type of district created in its bylaws.
Opinion Number 2010-103
A municipality’s authority over fire protection and rescue services in the police jurisdiction is not exclusive. If, however, a municipality undertakes to provide fire protection in its police jurisdiction, the services provided in the police jurisdiction should be provided equally throughout the police jurisdiction.
E-911 boards, municipalities, and volunteer fire departments should work together to ensure the most efficient service to persons in their districts. A municipality may contract with a volunteer fire department to provide service in a portion of the police jurisdiction, provided that the protection is equal to that provided elsewhere in the jurisdiction. The municipality may contract with an E-911 board.
Opinion Number 2011-054
A volunteer fire department is exempt from solid waste disposal fees under section 40-9-13 of the Code of Alabama.
Opinion Number 2011-061
The Mt. Olive Fire Protection District (“District”) is not required to direct traffic during motor vehicle incidents. Whether the District should do so, and who should provide training, are policy determinations to be made by the District.
The District may not perform routine traffic control in nonemergency circumstances.
Volunteer firefighters may be granted limited immunity under section 6-5-335 of the Code of Alabama when acting gratuitously and in good faith.
The sheriff, Alabama Department of Public Safety, constables, and the District should cooperate to ensure adequate, timely traffic control at an incident.
Note: This list is not all inclusive. Opinions of the Attorney General may be researched or read on the Attorney General’s official web site http://www.ago.state.al.us.