Current through Register Vol. XLI, No. 50, December 13, 2024
Section 87-6-6 - Review and evaluation of existing departments6.1. All local fire departments in operation and recognized by the State Fire Commission on the effective date of this rule are hereby deemed to be duly-certified departments, Provided that these local fire departments must be regularly evaluated for renewal of recognition under the schedule established below for implementation of this rule.6.2. Schedule for implementation - Within 120 days of the effective date of this rule, the State Fire Marshal shall establish geographical divisions of the entire area of the state for a system of regular review and renewal of the recognition of local fire departments. The State Fire Marshal shall have the discretion to determine the number and the boundaries of the geographical regions based upon the manpower and resources available for the review and inspection responsibilities defined herein, Provided that these geographical divisions shall contain approximately equal numbers of local fire departments. On or before the conclusion of this period, the State Fire Marshal shall assign all of the departments within a given region, by random lot, to a rotating schedule for renewal of recognition in such fashion that, per year, twenty percent of the local departments within a region shall be required to apply for and obtain renewal of their recognition in each year following the adoption of this rule. The schedule for regular evaluation shall begin in the year 2008.6.3. Six months prior to the expiration of recognition of a local fire department, the State Fire Marshal shall send forms for the renewal of recognition to the local fire department. Applications for renewal of recognition must be in writing, using the forms provided by the State Fire Marshal and must be submitted no later than three months prior to the date of expiration of the recognition period for the local fire department.6.4. If the State Fire Marshal finds it necessary to visit a local fire department for purposes of completing an evaluation, the State Fire Marshal shall notify the local fire department in advance and arrange a mutually-suitable time in which a responsible individual can meet the State Fire Marshal.6.5. If, for any reason, the State Fire Marshal fails to provide the renewal application forms to a department in a timely manner or if the State Fire Marshal is unable to complete an evaluation of a local fire department prior to the date established for expiration of recognition, the local fire department's official recognition shall continue until such time as the State Fire Marshal is able to complete an evaluation of the department and the Commission is able to meet and consider the renewal application.6.6. After review of the evaluation according to the criteria established or referenced herein, the State Fire Marshal shall submit the results of the evaluation to the State Fire Commission with a recommendation as to whether the local fire department should be approved and recognized. The Commission shall have the ultimate authority to rule upon the evaluation of each local fire department. The Commission is not bound by the recommendation of the State Fire Marshal and may independently review all materials submitted with the application.