[Amended 1-12-1993 by Bill No. 92-16]
(a)
Appropriation. The County Commissioners shall
appropriate, on an annual basis, in the County expense budget, an
amount of money equal to one and three tenths cents on each one hundred
dollars of assessable property in the County for the assistance, maintenance
and support of the various volunteer fire companies chartered by the
County Commissioners pursuant to this Subtitle.
[Amended 5-15-2001 by Bill No. 01-5]
(b)
Distribution. The funds so appropriated by
the County Commissioners shall be distributed and expended by the
County Commissioners among the chartered volunteer fire companies
of the County in as nearly as may be computed an equal sum for each.
The appropriation shall be paid to each fire company no less frequently
than in two equal installments on or before August 1 and February
1 of each fiscal year.
(c)
Expenditures restricted. All funds so distributed
by the County Commissioners to the chartered volunteer fire companies
of the County shall be used strictly for fire fighting and protection
within the County and surrounding jurisdictions by the fire company
to which the funds are distributed. The funds shall be expended and
used for the equipment, training and maintenance of such fire companies
and all necessary expenses relating thereto.
(d)
Workmen's compensation insurance. The
County Commissioners may also appropriate funds for the funding of
workmen's compensation insurance or other insurance for the volunteer
firemen, ambulance service and training related to fire and ambulance
personnel.
(a)
Commissioners to grant charters. The County
Commissioners may grant charters to volunteer fire companies located
within Worcester County, Maryland, as they may deem necessary and
appropriate for the protection of the population and property of Worcester
County; provided, however, that the granting of such charters shall
be in strict accordance with the provisions of this Subtitle.
(b)
Charters to be perpetual. Charters shall be
perpetual unless revoked by the County Commissioners pursuant hereto
or unless voluntarily surrendered by the company holding the charter.
(c)
Application for charter. Upon receipt of an
application for charter by a volunteer fire company, the County Commissioners
shall first refer the application to a committee to be appointed by
the County Commissioners to make an investigation into the advisability
of the granting of the charter. The committee shall be appointed by
the County Commissioners and shall consist of one County Commissioner,
two firemen from Worcester County and two other individuals who are
residents of Worcester County. The committee shall make an investigation
of the proposed application and shall, within one hundred eighty days
from its appointment, file a report with the County Commissioners.
The report shall address, without limitation, the following considerations:
(1)
The location of the fire station and the effective radius of
the company, including its proximity to other fire stations and the
capability of such other fire stations, the population within the
effective radius of the station, the assessed value of improvements
and personal property within the effective radius of the station,
the type of construction within the effective radius of the station
and the apparent ability of the proposed company to support other
fire companies both within and without the effective radius. The Commissioners,
before granting a charter to a new fire company, shall consult with
the two nearest then-existing fire companies to the proposed fire
company's establishing a substation in the proposed area to provide
for fire protection therein.
(2)
The proposed company shall, if chartered, be able to meet all
standards for chartered fire companies in Worcester County adopted
pursuant hereto then in effect in Worcester County.
(3)
Such other matters as the County Commissioners may deem appropriate.
(d)
Hearing required. After receipt of the report
of the committee and review, the County Commissioners shall, prior
to the granting of any such charter to a volunteer fire company of
Worcester County, hold a public hearing with regard to the granting
of such charter. The hearing shall be advertised for at least four
weeks prior to the holding of the hearing by at least three separate
weekly insertions in newspapers having a general circulation in Worcester
County and also by the posting of a sign upon the location or proposed
location of the fire station giving notice of the proposed charter
application. The County Commissioners may charge an application fee
to cover their costs and expenses in advertising and holding the hearing
to the applying fire company. Following the hearing, the County Commissioners
shall make findings of fact with regard to the criteria herein set
forth and shall, by resolution, either grant the charter or deny the
charter. In the event that the charter is so granted, it shall not
be issued, and no company shall be entitled to receive funds or be
entitled to any other benefits of a chartered fire company until it
has passed an inspection as prescribed by § PS 1-104 hereof
and the certificate of such passage is presented to the County Commissioners.
In the event that the company fails to pass an inspection within two
years from the date of the resolution, the resolution shall be null
and void. The decision of the County Commissioners shall be final.
(a)
Nonprofit member corporation. Every chartered
volunteer fire company shall be incorporated as a nonprofit member
corporation under the general laws of the State of Maryland, and membership
shall not be restricted in any way other than as may be provided by
the standards for chartered fire companies of Worcester County adopted
pursuant hereto. Such corporation shall not be controlled by any other
legal entity and shall be in complete control of its own funds.
(b)
Standards. The County Commissioners shall,
by resolution, adopt standards for chartered volunteer fire companies
in Worcester County. All chartered volunteer fire companies of Worcester
County shall at all times comply with standards so adopted.
(c)
Discrimination prohibited. Discrimination
in membership in any chartered volunteer fire company based upon race,
color, creed, sex or national origin, whether by provision or action,
is prohibited.
[Added 3-12-1991 by Bill No. 91-3]
(a)
Fire Company Inspection Team. The County Commissioners
shall annually appoint a Worcester County Fire Company Inspection
Team. The Worcester County Fire Company Inspection Team shall consist
of the Worcester County Fire Marshal, the Chairman and Vice Chairman
of the Worcester County Fire Chief's Committee and two members
of the Worcester County Firemen's Association or the successors
to those organizations. The Inspection Team shall elect a Chairman
and such other officers as it deems appropriate.
(b)
Members; inspectors. Inspectors, other than
the Fire Marshal, shall serve without compensation but shall be paid
reasonable expenses incurred in the performance of their duties as
the Commissioners may determine appropriate.
(c)
Annual inspection. All chartered volunteer
fire companies shall be inspected annually.
(d)
Inspection of prospective fire companies. Prospective
fire companies for which charters have been approved by resolution
as set forth in § PS 1-102(d) hereof shall be inspected
forthwith upon resolution of the County Commissioners to grant the
charter and prior to the issuance of the charter. The Inspection Team
shall report its findings to the County Commissioners as prescribed
herein.
(e)
Quorum for inspection. At least three members
of the Inspection Team shall be present for all inspections.
(f)
Special inspections. Special inspections may
be conducted by the Inspection Team upon request of the Worcester
County Fire Marshal or the Worcester County Firemen's Association.
Special inspections shall be in addition to the annual inspection.
(g)
Notice of inspection. Ten days written notice
shall be given each fire company prior to the date of its annual inspection.
No notice need be given prior to any special inspection.
(h)
Right of inspection. The Fire Inspection Team
and the Worcester County Fire Marshal shall have all rights-of-way
and access necessary for the furtherance of their duties; and all
chartered fire companies, by acceptance of charters, including any
fire companies chartered under the transitional provisions hereof,
grant unto the Inspection Team and to the Fire Marshal such rights-of-way.
Refusal by a chartered fire company to cooperate with the Inspection
Team or the Fire Marshal shall constitute grounds for revocation of
such fire company's charter or other appropriate action.
(i)
Report of inspection. The Fire Inspection
Team shall, within thirty days from the date of each inspection, file
a written report of such inspection with the County Commissioners.
A copy of such report shall be sent to the Worcester County Fire Chief's
Association, the Worcester County Firemen's Association and the
company inspected.
(j)
Compliance. It shall be the duty of the Fire
Inspection Team to ensure that all standards adopted pursuant hereto
and all provisions hereof are strictly complied with.
(k)
Failure to pass inspection; reinspection. In
the event that a fire company fails to pass an inspection, the Fire
Inspection Team may reinspect such fire company, as necessary and
as the Team may see fit, for the purpose of ensuring compliance with
all standards adopted pursuant hereto. No notice need be given of
such reinspections.
All chartered volunteer fire companies of Worcester County shall
render mutual aid to each other, upon request, in the fighting of
fires and other fire company duties or tasks in Worcester County;
and with the acceptance of a charter, whether by the transitional
provisions hereof or otherwise, all companies agree to render such
aid. Failure to comply with this provision shall be grounds for revocation
or suspension of the company's charter or other appropriate action.
(a)
Failure to meet standards. In the event that
an inspection conducted pursuant hereto reveals that any chartered
fire company is in violation hereof or in violation of any regulations
adopted pursuant hereto or fails to meet any standard adopted pursuant
hereto, the Fire Inspection Team shall recommend to the County Commissioners
that action be taken against the offending fire company. This provision
shall not prohibit the Fire Inspection Team from making attempts prior
to any recommendation, for a period of up to six months, to attempt
to bring the offending fire company up to standard and to alleviate
whatever problems may have been discovered. It likewise does not prohibit
the County Commissioners from taking action against the fire company
of its own initiative. In the event that the County Commissioners
desire to take action against a fire company, they shall give written
notice to the fire company of any proposed action as well as the reason
therefor. Such notice shall provide that the fire company may appear
before the Commissioners at a regular session or special session of
the Commissioners, to be held within thirty days from the date of
such notice, to show cause why action should not be taken against
them. At the expiration of thirty days, the Commissioners may take
action against the fire company.
(c)
Decision of Commissioners final. Any decision
by the County Commissioners with regard to suspension of funds, suspension
of charter, revocation of charter or any other action shall be final.
(d)
Distribution of funds. In the event that distribution
of funds is suspended, such distribution shall remain suspended until
the company in question is in complete compliance with the terms of
this Subtitle and all resolutions adopted pursuant hereto. In the
event that funds are not distributed within one year from the date
of suspension of funds, they shall be deemed forfeited and revert
to the County Commissioners of Worcester County. The County Commissioners
shall thereupon distribute any such funds to the other fire companies
of the county who are in good standing under the terms hereof and
all resolutions adopted pursuant hereto in the same manner in which
funds are distributed pursuant to § PS 1-101(b) hereof.
If the distribution of funds would enable the company to come into
compliance, the Commissioners may, at their option, distribute such
funds upon such guaranties as to their application as the Commissioners
may deem necessary and appropriate. If distribution of funds is suspended
and the company later comes into compliance as prescribed by this
Subtitle, the company shall not forfeit any funds to which it would
otherwise be entitled.
(e)
Funding during period of suspension. In the
event that a company's charter is suspended, the company shall
receive no funds for the period of suspension, and any funds to which
the company would otherwise be entitled during the period of suspension
shall be deemed forfeited on a per diem basis. In the event that funds
have been previously distributed for the period of suspension of the
charter, a deduction shall be made from any future distributions of
funds to compensate for the funds previously distributed for the period
of suspension of the charter.
(f)
Funding following revocation. In the event
that a company's charter is revoked, the company shall receive
no funds for the period of revocation, and any funds to which the
company would otherwise be entitled during the period of revocation
shall be deemed forfeited on a per diem basis. In the event that funds
have been previously distributed for the period of revocation of charter,
a deduction shall be made from any future distributions of funds to
compensate for the funds previously distributed for the period of
revocation of charter.
(g)
Application for new charter. In the event
that a fire company's charter is revoked, it may not apply for
a new charter for one year from the date of revocation.
[Added 8-23-1994 by Bill No. 94-19[1]]
The County Commissioners may, by resolution, permit the use
of County Contract services by chartered fire companies in Worcester
County on a direct reimbursement or reimbursement plus costs or overhead
basis.
[1]
Editor's Note: This Bill also provided for the renumbering
of former § PS 1-107 as § PS 1-108.
The following fire companies shall be chartered by the County
Commissioners upon the enactment hereof, provided that each company
shall comply with the requirements of § PS 1-103(a) hereof
prior to charter: Ocean City, Bishopville, Showell, Ocean Pines, Berlin,
Newark, Snow Hill, Girdletree, Stockton and Pocomoke. Such charters
shall be initial charters only, and such companies shall be subject
to all provisions hereof and of resolutions adopted pursuant hereto.
[Added 12-21-1999 by Bill No. 99-9]
(a)
Establishment. The County Commissioners may,
by resolution, establish a Length of Service Award Program (LOSAP)
for qualified volunteer members of Chartered Volunteer Fire Companies
and qualified volunteer ambulance companies of the county.
(b)
Funding. The County Commissioners may provide
for monetary awards under a LOSAP in addition to other funding to
volunteer fire companies of the county. All payments made to the LOSAP
Trust Fund are no longer considered as assets of the county and are
not subject to state and local laws with respect to management of
public funds.
(c)
Expenses of the LOSAP. All expenses for administration
and management of the LOSAP shall be paid by the LOSAP Trust Fund.
No such expenses shall be incurred by the General Fund of the county.
(d)
Trustees. The County Commissioners shall serve
ex officio as Trustees of the LOSAP Trust Fund.
(e)
Qualification of companies. In order to qualify
under a LOSAP plan, a company must be either a chartered volunteer
fire company pursuant to Subtitle I of Title 1 of this article or
a volunteer ambulance company approved by resolution of the County
Commissioners based upon the following criteria:
(1)
Regularly and continually serve an area under-served or not
served with ambulance service by a chartered volunteer fire company.
(2)
Be registered with the County Emergency Services Department.
(3)
Agree to be subject to periodic inspections by the County Commissioners
to confirm eligibility and continued eligibility.
(4)
Provide such reports and records as required by the County Commissioners.
(5)
Maintain adequate personnel and equipment to serve its area.
(6)
Membership in the company must be open to all physically qualified
adults on an equal basis.
