Current through Register Vol. XLI, No. 50, December 13, 2024
Section 87-6-7 - Certification of new departments7.1. No new local fire department or fire company will be authorized without prior approval of, and certification by, the Commission.7.2. The State Fire Commission retains the ultimate authority to authorize the creation of, certify, and establish fire protection areas for a new local fire department when the Commission determines that the establishment of such new department will provide more comprehensive and necessary protection for the safety of people and property within such areas. In making these determinations, however, the State Fire Commission shall, as far as reasonably practical, attempt to do so with the consent and cooperation of all local government authorities in the areas to be served by the new department, with due consideration for the plenary authority of municipal governments to provide for fire protection for their constituents.7.3. Application for Certification - Any organization seeking to be certified as a new local fire department shall make application to the State Fire Commission using forms provided by the State Fire Marshal. All applications shall be in writing and shall be considered public records, subject to inspection by the public.7.4. Application Review - The Commission shall conduct a review of the application in a process of two phases.7.4.1. Phase I - Initial documentation review. In this phase, the State Fire Marshal, together with additional Commission staff as may be reasonably required, will review documentation of the basic organizing materials for the creation of a new department, including a letter of intent from the organization or local governmental authority, copies of any pertinent local ordinances, sign-off by appropriate local officials and a map of the proposed service area. After review of these materials, the State Fire Marshal will make a recommendation to the Commission as to whether the Commission should grant Phase I approval and authorize the organization to proceed to Phase II.7.4.2. Phase II - In Phase II, the applying organization shall obtain and present evidence of sufficient staffing, equipment, and resources to operate as a local fire department. Upon satisfactory demonstration of compliance with the requirements of the Commission, the Commission may grant approval and certification of the local fire department.7.5. The Commission is not bound by the recommendation of the State Fire Marshal at any phase of the application process and the Commission may independently review all materials submitted with the application. The Commission may, in its discretion, make additional inquiry into the facts and circumstances of any proposal for a new department and may request that additional information be provided to the Commission in consideration of an application.