Ala. Admin. Code r. 390-X-8-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 390-X-8-.04 - Grounds For Decertification; Process For Recommendations To Decertify

(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.

Ala. Admin. Code r. 390-X-8-.04

Adopted by Alabama Administrative Monthly Volume XXXV, Issue No. 08, May 31, 2017, eff. 7/10/2017.

Author: Scott L. Rouse

Statutory Authority:Code of Ala. 1975, § 9-3-17(e).