Arkansas Administrative Code
Agency 006 - Department of Finance and Administration
Division 03 - Administrative Services
Rule 006.03.92-004 - Fire Protection Services Program 006.03.92-004

Universal Citation: AR Admin Rules 006.03.92-004

Current through Register Vol. 49, No. 2, February 2024

The following procedures have been established by the Department of Finance and Administration, Office of Administrative Services to implement the Fire Protection Services Program Act of Arkansas - Act 833 of 1991 as amended by Act 10-First Extraordinary session of 1992.

The procedures are divided into four sections:

A. General procedures - these procedures apply to all fire departments/districts, B. Rural Volunteer Fire Departments/Districts Procedures, C. Certified Municipal Fire Department Procedures, and D. Non-Certified Municipal Fire Department Procedures.

A. GENERAL PROCEDURES

A1. Beginning January 1,1992, premium tax shall be collected by the Arkansas Insurance Commissioner from insurers.

A2. The insurers will estimate their net direct written premiums and remit premium taxes quarterly based on these estimates to the Arkansas Insurance Commissioner. The first quarter's collections should be received in May. The other quarterly collections should be received in August, November, and March of the following year. The March collection will be an adjusted collection to reflect the actual net direct premiums written for the previous year.

A3. The collections will be deposited into the Fire Protection Premium Tax Fund and will be divided by county using the foIlowing percentages as stated in the Act:

Arkansas

0.78%

AshIey

1.39%

Baxter

1.78%

Benton

3.86%

Boone

1.46%

Bradley

0.52%

Calhoun

0.51%

CarrolI

0.97%

Chicot

0.51%

Clark

1.13%

Clay

1.10%

Cleburne

1.11%

Cleveland

0.66%

CoIumbia

1.24%

Conway

1.04%

Craighead

2.91%

Crawford

1.98%

Crittenden

1.32%

Cross

0.84%

Dallas

0.45%

Desha

0.71%

Drew

0.80%

Faulkner

2.30%

FrankIin

0.97%

Fulton

0.84%

GarIand

3.12%

Grant

1.13%

Greene

1.39%

Hempstead

1.89%

Hot Spring

1.46%

Howard

0.75%

independence

1.90%

Izard

0.91%

Jackson

0.95%

Jefferson

2.32%

Johnson

1.05%

Lafayette

0.71%

Lawrence

0.96%

Lee

0.73%

Lincoln

1.12%

Little River

0.77%

Logan

1.06%

Lonoke

1.70%

Madison

0.95%

Marion

1.00%

Miller

1.44%

Mississippi

1.77%

Monroe

0.53%

Montgomery

0.66%

Nevada

0.58%

Newton

0.67%

Ouachita

1.37%

Perry

0.62%

Phillips

1.12%

Pike

0.87%

Poinsett

1.14%

Polk

1.01%

Pope

1.73%

Prairie

0.83%

Pulaski

5.99%

RandoIph

0.96%

St. Francis

1.45%

Saline

3.00%

Scott

0.59%

Searcy

0.73%

Sebastian

2.06%

Sevier

0.82%

Sharp

1.30%

Stone

0.77%

Union

2.01%

Van Buren

1.18%

Washington

3.46%

White

2.71%

Woodruff

0.47%

Yell

1.11%

A4. The population of each county and incorporated city and town within the county will be determined using the latest census from the U.S. Department of Commerce, Economics and Statistics Administration, Bureau of the Census. All special census information will be input at the beginning of each annuaI year. The Department of Finance and Administration will use this information to determine the percentage population of each incorporated city and town and the remaining unincorporated percentage population of the county.

A5. Funds distributed under this program shaII only be used to defray training expense of fire fighters and to purchase, improve, or for pledging as securities for the purchase and improvement of, fire fighting equipment in compliance with National Fire Protection Association (NFPA) standards and initial capital construction or improvements of fire departments.

A6. The funds for each county shall be apportioned to the districts and municipalities within the county based on population unless the County Intergovernmental Cooperation CounciI notifies the quorum court of the fire protection needs of the districts and municipalities, in which case the monies shall be apportioned by the quorum court based on those needs.

A7. Each County Quorum Court shouId notify the Department of Finance and Administration through the Arkansas Fire Protection Board by February 1st of each calendar year of the fire protection needs of the districts and municipalities of their county as determined by the County Intergovernmental Cooperation Council. If no notification is received, the distribution within the county will be based on the population as determined by the latest U.S. Census of the incorporated municipalities and on a first come, first served basis for the unincorporated areas. After the first year of the program, counties that have previously notified the Department of Finance and Administration through the Arkansas Fire Protection Services Board of the fire protection needs of the districts and municipalities will have their apportionments carried forward to the new calendar year from the previous year, unless otherwise notified no later than February 1st of each calendar year.

A8. As soon as the Arkansas Fire Protection Services Board has reviewed and approved the apportionment and/or changes, the transactions will be routed to the Department of Finance and Administration which will adjust the distribution of each county as noted and approved.

A9. As funds are received from Premiurn Tax collections, the Department of Finance and Administration will allocate them to each county using the percentages stated in A3 of the General Procedures. Each county's funds will then be aIlocated based on the county's population percentage distribution or Quorum Court's designated fire protection needs as apportioned.

B. RURAL VOLUNTEER FIRE DEPARTMENTS/DISTRICTS PROCEDURES

B1. No rural volunteer fire department/district shalI receive payments or disbursements under this program unless the County Quorum Court and the Board of Commissioners of the Fire Protection District designate the current County Fire Service Coordinator or designate a County Fire Service Coordinator who shall be responsibIe for seeing that standard guidelines established by the Arkansas Fire Protection Services Board pursuant to Ark. Code Ann. § 20-22-801 et seq, are followed.

B2. Rural volunteer fire departments/districts which are in compliance with these procedures and .Ark. Code Ann. §§ 20-22-801 - 20-22-809 shall be eligible for funds under this program.

B3. Rural volunteer fire departments/districts which are not certified by the Office of Fire. Protection Services pursuant to Ark. Code Ann. §§ 20-22-801 - 20-22-809 shalI also be eligible for funds under this program. The Arkansas Fire Protection Services Board shall approve only requests for upgrading, which will move the department/di strict towards meeting the minimum certification standards. AM moneys received from the Arkansas Fire Protection Services Board approved requests for funds are to be spent directly on equipment, training, capital improvements, or other expenditures necessary for upgrading the service provided by the department/district. (Act 10-First Extraordinary Session of 1992)

B4. Rural volunteer fire departments/districts shall complete Requisition for Funds Fire Protection Services Program Form DFA-FP-1, Project Narrative Fire Protection Services Program Form DFA-FP-2, and Funding Assurances Fire Protection Services Program Form DFA-FP-3 and submit to the County Fire Service Coordinator for review and approval and then to the County Quorum Court for their review and approval.

B5. If approved by the County Quorum Court, the Requisition for Funds Form DFA-FP-1, Project Narrative Form DFA-FP-2, and Funding Assurances Form DFA-FP-3 shall be sent to the Arkansas Fire Protection Services Board for their review and approval at the following address:

Arkansas Fire Protection Services Board

C/0 Office of Emergency Services

P.O. Box 758

Conway, AR 72032-0758

B6. If approved by the Arkansas Fire protection. Services Board, the Requisition for Funds Form DFA-FP-1, Project Narrative Form DFA-FP-2, and Funding Assurances Form DFA-FP-3 shall be sent to the Department of Finance and Administration for payment to be made to the County for the rural volunteer fire department/district.

B7. The payment will be sent to the County Treasurer - County Quorum Court through the Arkansas Fire Protection Services Board.

C. CERTIFIED MUNICIPAL FIRE DEPARTMENT PROCEDURES

C1. Municipal fire departments which are in compliance with these procedures and Ark. Code Ann. §§ 20-22-801 - 20-22-809 shall be eligible for funds under this program.

C2. Municipal fire departments must be willing to provide fire protection through mutual aid agreements in areas within five (5) miles of its corporate Iimits. Municipal fire departments shalI not be required to respond when, in the opinion of proper municipal authorities, municipal property or fire classification rating would be jeopardized. Municipal fire departments must furnish an official municipal resolution signed by the Chief Executive Officer of that municipality stating their willingness to provide fire protection through mutual aid agreements and/or copies of the mutual aid agreements to the Arkansas Fire Protection Services Board as well as a compIeted MunicipaI Fire Departments Funding Assurances Fire Protection Services Program Form DFA-FP-4.

C3. Municipal fire departments which are in compliance with the above will have their apportionment forwarded to them after it is collected.

C4. All funds received under this program must be expended or allocated for expenditure on or before the expiration of twelve (12) months from the date of receipt. Any excess or surplus funds which are not expended or allocated for expenditure within such twelve (12) month period shall be returned to the Arkansas Fire Protection Services Board no later than sixty (60) days following the expiration of such twelve (12) month period. The returned funds will be deposited to the Fire Protection Premium Tax Fund and will be reallocated as described in Section A9 of the General Procedures.

C5. Each municipal fire department which receives such funds shalI file reports on December 1 annually with the Arkansas Fire Protection Service Board stating how such funds were expended during the preceding twelve (12) months.

C6. If any municipal fire department fails to make the reports as stated in C5, the fire department shall not be eligible for new or additional funds until the reports are filed.

C7. Any municipaI fire department which faiIs to expend funds in due compliance with the provisions of these procedures shall not be eligible for new or additional funds under this program untiI the department reimburses the exact amount of those monies improperly retained or expended.

D. NON-CERTIFIED MUNICIPAL FIRE DEPARTMENT PROCEDURES

D1. Municipal fire departments which are not certified by the Office of Fire Protection Services pursuant to Ark. Code Ann. §§ 20-22-801 - 20-22-809 shalI be eligible for funds under this program. The Arkansas Fire Protection Services Board shall approve only requests for upgrading, which will move the department towards meeting the minimum certification standards. AlI moneys received from the Arkansas Fire Protection Services Board approved requests for funds are to be spent directly on equipment, training, capital improvements, or other expenditures necessary for upgrading the service provided by the department. (Act 10-First Extraordinary Session of 1992)

D2. Municipal fire departments must be willing to provide fire protection through mutual aid agreements in areas within five (5) miles of its corporate Iimits. Municipal fire departments shalI not be required to respond when, in the opinion of proper municipal authorities, municipal property or fire classification rating would be jeopardized. Municipal fire departments must furnish an official municipal resolution signed by the Chief Executive Officer of that municipality stating their willingness to provide fire protection through mutual aid agreements and/or copies of the mutual aid agreements to the Arkansas Fire Protect i on Services Board as well as a compIeted MunicipaI Fire Departments Funding Assurances Fire Protection Services Program Form DFA-FP-4.

D3. Non-certified municipal fire departments shall complete Requisition for Funds Fire Protection Services Program Form DFA-FP-5 and Project Narrative Fire Protection Services Program Form DFA-FP-6 and submit to the Chief Executive Officer of the municipality for review and approval.

D4. If approved, the Requisition for Funds Form DFA-FP-5 and Project Narrative Form DFA-FP-6 shall be sent to the Arkansas Fire Protection Services Board for their review and approval at the following address:

Arkansas Fire Protection Services Board

C/0 Office of Emergency Services

P.O. Box 758

Conway, AR 72032-0758

D5. If approved by the Arkansas Fire Protection Services Board, the Requisition for Funds Form DFA-FP-5 and Project Narrative Form DFA-FP-6 shall be sent to the Department of Finance and Administration for payment to be made to the municipality.

D6. All funds received under this program must be expended or allocated for expenditure on or before the expiration of twelve (12) months from the date of receipt. Any excess or surplus funds which are not expended or allocated for expenditure within such twelve (12) month period shall be returned to the Arkansas Fire Protection Services Board no later than sixty (60) days foIlowing the expiration of such twelve (12) month period. The returned funds will be deposited to the Fire Protection Premium Tax Fund and will be reallocated as described in Section A9 of the General Procedures.

D7. Each municipal fire department which receives such funds shalI file reports on December 1 annually with the Arkansas Fire Protection Service Board stating how such funds were expended during the preceding twelve (12) months.

D8. If any municipal fire department fails to make the reports as stated in D7, the fire department shall not be eligible for new or additional funds until the reports are filed.

D9. Any municipal fire department which faiIs to expend funds in due compliance with the provisions of these procedures shall not be eligible for new or additional funds under this program until the department reimburses the exact amount of those monies improperly retained or expended.

EXAMPLE COUNTY XYZ NEEDS ASSESSMENTS

County XYZ has 4 incorporated cities. Without any notification of the fire protection needs of the county, the Department of Finance and Administration would distribute funds through the Arkansas Fire Protection Services Board as follows:

NAME

POPULATION

DISTRIBUTION

County Total

20,000

100%

City A

10,000

50%

City B

1,000

5%

City C

1,000

5%

City D

200

1%

Unincorporated Area

7,800

39% first come, first served basis

County XYZ's County IntergovernmentaI Cooperation CounciI meets and reviews the fire protection needs of the county. It finds that there are 3 rural fire departments serving the unincorporated areas of the county, 1 of which is twice as big as the other 2. Also, City D does not have a fire department and its fire needs are met by City C. The County Intergovernmental Cooperation CounciI makes the following needs assessment to the County Quorum Court:

NAME

POPULATION

DISTRIBUTION

County Total

20,000

100%

City A

10,000

50%

City B

1,000

5%

City C

1,000

6%

City D

200

0%

Rural Department E

19%

Rural Department F

10%

Rural Department G

10%

Unincorporated Area

7,800

Since the county has determined its needs of both the incorporated and unincorporated areas, the funds will be distributed using the new percentage distribution. The incorporated municipalities will receive their funds quarterly as it is received. The unincorporated rural fire department/districts must apply for the funds. However, since the unincorporated areas have designated needs, these funds will be reserved for them until requested.

If the needs for Year B are the same as previous Year A then nothing needs to be submitted, Year A's percentage distribution will carry over to Year B. However, if City A is going to assume the fire protection services of Rural Fire Department E a new percentage distribution based on needs must be submitted by February 1st. The distribution would then be as follows:

NAME

POPULATION

DISTRIBUTION

County Total

20,000

100%

City A

10,000

59%

City B

1,000

5%

City C

1,000

6%

City D

200

0%

Rural Department E

10%

Rural Department F

10%

Rural Department G

10%

Unincorporated Area

7,800

The above needs distribution will carry over to Year C unless the Department of Finance and Administration through the Arkansas Fire Protection Services Board is otherwise notified.

RURAL VALUNTEER FIRE DEPARTMENT/DISTRICT - REQUISITION FOR FUNDS

FORM DFA-FP-1

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RURAL VALUNTEER FIRE DEPARTMENT/DISTRICT - PROJECT NARRATIVE

FORM DFA-FP-2

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RURAL VALUNTEER FIRE DEPARTMENT/DISTRICT - CERTIFIED FUNDING ASSURANCES

FORM DFA-FP-3

This form must be completed and submitted with the Requisition for Funds.

MUNICIPAL FIRE DEPARTMENTS FUNDING ASSURANCES

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FORM DFA-FP-4

The following assurances must be followed in order to receive funds for your municipality's percentage share of the collection of additional insurance premium taxes assessed for funding Arkansas Fire Departments as provided by Act 833 of 1991:

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NON-CERTIFIED MUNICIPAL FIRE DEPARTMENT - REQUISITION FOR FUNDS

FORM DFA-FP-5

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NON-CERTIFIED MUNICIPAL FIRE DEPARTMENT - PROJECT NARRATIVE

FORM DFA-FP-6

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Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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