Below are some laws affecting Volunteer Fire Departments in the State of Alabama. For reference only.
VOLUNTEER FIRE DEPARTMENTS
Section 9-3-17
Certification of fire departments of political subdivisions as “volunteer fire department.”
(a) The term “volunteer fire department” shall apply to and be used to define an organized group of area residents who meet the following requirements for personnel, training and equipment:
(1) The group shall be organized and incorporated under the laws of the State of Alabama as a nonprofit organization or as an authority of a legal subdivision. All persons who are members of said group shall be known as “volunteer fire fighters,” and shall have been qualified as such by participating in organized fire protection and suppression training programs. All fire fighters must attend regularly scheduled meetings, drill, and training classes within the department and same shall be documented and kept on file at the department location for one year.
(2) A “volunteer fire department” shall have no less than 80 percent unsalaried membership.
(3) Each volunteer fire department shall have as a minimum of fire fighting apparatus the following:
a. One tanker truck capable of carrying and pumping no less than 500 gallons of water with adequate nozzle pressure to suppress wildfire, structural fire and other fires.
b. Motorized apparatus shall be equipped with the following minimum required equipment:
1. One booster reel with 150 feet of 3/4 or one inch rubber hose with suitable nozzle attached; or
2. 150 feet of pre-connected 1 1/2 inch fire hose with suitable fog/stream nozzle attached.
c. In areas where a sufficient number of fire hydrants are provided, the tanker shall also carry 200 feet of 2 1/2 inch fire hose together with a 2 1/2 to 1 1/2 inch wye connector for use with smaller hose and other equipment.
d. One 24 foot extension ladder with a 12 foot roof ladder.
e. Hand tools – spanner wrenches, axes, pike pole, bolt cutter, flashlights, a first aid kit and one each pressure water and a chemical fire extinguisher.
(4) An alerting system must be set up and maintained, which will be capable of alerting the greatest number of fire fighters in the shortest possible time.
(5) Communications between the tanker and other units, including the base station are to be installed at the earliest possible time; however, the use of citizen band radio equipment is not recommended.
(6) Housing for motorized equipment shall be provided at the department location of such type and size as to provide virtually freezeproof conditions for vehicles. A training room should also be provided at the earliest possible time.
(b) All of the aforementioned items shall consummately define a “volunteer fire department,” for purposes of legal recognition, but are not to be construed as standards set for any insurance classification by insurance services office or any other local, state or other agency.
(c) The Alabama Forestry Commission may assist any fire department needing additional equipment to meet the standards for certification.
(d) The Alabama Forestry Commission shall be the state agency delegated as certifying authority under this section and shall certify all departments which are cooperators with that commission.
(e) All noncooperating departments which request certification shall be reviewed by the Alabama Association of Volunteer Fire Departments and a recommendation for certification shall be made by the association to the Alabama Forestry Commission.
(f) The provisions of this section shall supersede and take precedence over any local law or municipal ordinance in conflict herewith. All laws or parts of laws in conflict herewith are hereby repealed.
Counties, municipalities, etc. authorized to donate money, property, etc. to organizations deemed public in nature.
(a) It is the intent of the Legislature that this section provides assistance to organized volunteer fire departments and organized rescue squads including South Alabama Air Rescue, Incorporated, and other nonprofit organizations which provide air rescue services to the public. The Legislature deems these organizations public in nature, as they protect the health, safety, and welfare of the public.
(b) The state, any county, any municipality, any fire, water, sewer, garbage, or school district, or any other public governmental entity or political subdivision may donate money, property, equipment, or other thing of value to those organizations deemed public in nature as specified in subsection (a). If disposed of, it will return to the agency where it was obtained.
(Acts 1981, No. 81-555, p. 935, §§1, 2; Acts 1996, No. 96-612, p. 965, §1.)
Minimum Requirements For Volunteer Fire Departments
1. Each fire department's Board of Directors should keep minutes of all meetings.
2. Official bank accounts are to be authorized by the fire department's Board of Directors, and such authorization documented in the minutes of meetings.
3. The treasurer and/or bookkeeper of the fire department should be bonded.
4. Prenumbered receipts should be written for all funds received. Copies of receipts should be retained.
5. All funds received should be deposited in an official bank account.
6. The disbursement of fire department funds is to be supported by proper documentation, including an original invoice and authorization from the Board of Directors.
7. To provide control over cash disbursements, the checks should be prenumbered and it is recommended that checks have dual signatures. Blank checks should not be signed in advance.
8. Public records should be retained until approval for destruction is obtained from the Alabama Department of Archives and History [address your questions to Archives and History at (334) 242-4452].
9. The applicable disbursements of fire department funds should comply with provisions of the Alabama Competitive Bid Law. Bid files are to be maintained.
10. The disbursement of fire department funds should be limited to authorized purposes as set forth by state and/or local laws and the restrictive provisions of donations.
11. A separate fund should be established for restricted monies for accounting purposes.
12. Interest earned in a particular fund should be expended in that fund.
13. An inventory of all equipment owned by the Fire Department should be maintained.
14. A cashbook reflecting the receipts, disbursements and balances on hand should be maintained on a monthly basis.
15. A monthly bank reconcilement should be performed for each bank account.
16. The Board of Directors may employ a public accounting firm registered with the Alabama Board of Public Accountancy to perform audits of the fire department in accordance with generally accepted government auditing standards.
17. Public funds should not be commingled (mixed) with funds from private sources (such as fund raising activities, etc.). Commingled monies are all treated as public funds subject to state and local laws. If an accounting system is in place, either manual or computerized, that clearly segregates revenues by source and identifies expenditures by nature of expense so that the expenditure of restricted and unrestricted monies can be easily identified, then it is permissible to operate with one bank account.
18. Fund-raising activities should not be financed with restricted funds.
Restricted Funds
Funds that are considered to be restricted are funds received from the following sources:
State Grants
County Appropriations
Ad Valorem and Sales Taxes
Fire Fees and Dues Authorized by Legislation
Donations with Restrictive Provisions
Interest Earned on Deposits of Restricted Funds
Eligible Expenditures:
The following list is intended as a general guide to the types of expenditures that can be made from restricted funds, however; it is not intended to be all inclusive. (Each Fire Department should review the local legislation applicable which discusses how tax dollars are to be expended.)
Acquisitions of fire trucks and fire stations
Purchases of fire-fighting equipment
Communications equipment and the installation of such equipment in personal vehicles
Fire training expenses
Fire vehicles and station insurance
Oil, gas, and vehicle repairs
Utilities
Station repairs
Lawn mower and related supplies incidental to maintaining grassy areas around fire station
Water hoses and related supplies needed to keep vehicles clean
New or used equipment costing in excess of $15,000.00 is subject to the provisions of the State’s Competitive Bid Law. If purchases are made from a state bid list, a copy of that bid from the State Purchasing Department should be obtained for documentation.
Ineligible Expenditures:
The following items are considered to be ineligible expenditures from Restricted Funds:
Salaries
Purchases of food and drink
Expenses relating to holding fund raising activities
Purchases of microwave ovens, coffee pots, refrigerators, and other similar type kitchen appliances (Refrigerators may be eligible if required to keep some type medical supplies stored in cool place for the rescue operations)
Payment of magazine subscriptions unrelated to fire department and/or rescue squad operations.
LEGISLATION APPLICABLE TO FIRE DEPARTMENTS
The Code of Alabama 1975, Section 9-3-17, provides for the certification of fire departments of political subdivisions as “volunteer fire departments.”
The Code of Alabama 1975, Section 9-3-18, authorizes counties, municipalities, etc., to donate money, property, etc. to volunteer fire department or volunteer rescue squad. Identifies entities authorized to donate money, property, etc. and requires that if disposed of it will return to the agency where it was obtained.
The Code of Alabama 1975, Sections 10-3A-1 through 10-3A-225, contains provisions related to nonprofit corporations.
The Code of Alabama 1975, Section 10-3A-43 provides that corporations must maintain complete books and records of accounts, and minutes of the proceedings of its members, board of directors and committees having any of the authority of the board of directors.
The Code of Alabama 1975, Section 40-9-13 addresses the tax exempt status of volunteer fire departments.
The Code of Alabama 1975, Sections 41-16-50 through 41-16-79 contain provisions of the Alabama Competitive Bid Law applicable to volunteer fire departments.
The Code of Alabama 1975, Sections 39-1-1 through 39-6-2 contain provisions of the Public Works Law applicable to volunteer fire departments.
The Code of Alabama 1975, Section 40-12-250 relates to license plates for state, county and municipal owned motor vehicles.
Act Number 94-414, Acts of Alabama-requires all entities receiving or disbursing public funds to forward a copy of every audit report issued on the entity to the Department of Examiners of Public Accounts.
Note: This list is not all inclusive. Volunteer fire departments should keep abreast of changes in legislation and of local laws applicable only in specific cities or counties.
Code of Alabama 1975 Title 22 Chapter 18 AMBULANCES Article 3 Emergency Medical Services Section 22-18-44
Applicability of chapter and rules of board to volunteer fire departments.
Neither the provisions of this chapter nor rules of the board adopted thereunder shall apply to volunteer fire departments which are not regularly engaged in the provision of emergency medical care and which offer only Basic Life Support response and do not transport. Volunteer fire departments which regularly provide emergency medical care shall be subject to this chapter, except when entitled to an exemption pursuant to Section 22-18-2. Provided, however, that this chapter and regulations adopted thereunder shall govern only the EMS functions of volunteer fire departments and shall not apply to their firefighting functions or other functions. A volunteer fire department shall have in place a system for the emergency treatment or transport of motor vehicle crash victims, or other trauma victims or emergency patients to be deemed to be regularly engaged in the provision of emergency medical care. A volunteer fire department which merely offers cardiopulmonary resuscitation and other first aid and rescue in the course of firefighting and related operations shall not be deemed for that reason alone to be regularly engaged in the provision of emergency medical care.