Alabama Administrative Code
Title 390 - ALABAMA FORESTRY COMMISSION
Chapter 390-X-8 - CERTIFICATION AND DECERTIFICAION OF VOLUNTEER FIRE DEPARTMENTS
Section 390-X-8-.04 - Grounds For Decertification; Process For Recommendations To Decertify
Universal Citation: AL Admin Code R 390-X-8-.04
Current through Register Vol. 43, No. 02, November 27, 2024
(1) Upon recommendation of a county fire association, the Alabama Forestry Commission may decertify a volunteer fire department at any time based on any of the following grounds:
(a) The department ceases for any
reason to be incorporated as a nonprofit entity or be operated under authority of
a municipality, fire district, or other legal subdivision;
(b) The department has fewer than four members
for a period lasting longer than six months;
(c) The overall membership of the department
has at any time less than 80 percent unsalaried membership;
(d) The department lacks any of the fire
fighting apparatus, equipment, or facilities specified in Code of
Ala. 1975, §
9-3-17(a)(3) for a period lasting longer than six months;
(e) The county fire association ceases for any
reason to recognize a clearly defined coverage area for which the department
serves as the primary fire protection provider;
(f) The department ceases for any reason to
actively respond to fires and other emergencies for a period lasting longer than
six months;
(g) The department fails
to conduct or document regularly scheduled meetings, drill, and training sessions
for a period lasting longer than six months; or
(h) The department fails to provide monthly
emergency response reports to the Alabama Forestry Commission.
(2) A recommendation to decertify a volunteer fire department can only be made upon a majority vote of the county fire association, conducted in a regularly scheduled meeting and in compliance with all the bylaws of said county fire association.
Author: Scott L. Rouse
Statutory Authority: Code of Ala. 1975, § 9-3-17(e).
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