Agenda - 04-07-2009 - Info 2 - Laserfiche WebLink

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Introduction The purpose of this report is to discuss the legal responsibilities of the County in the area of fire protection services, how a county can legally provide and fund fire services, and compare fire protection methods used in Orange County to similarly sized counties in North Carolina. Legal Responsibilities) Summary of Law Counties are not required by law to provide fire protection. However, as the demand for fire protection outside city limits is growing, counties are more often providing rural fire protection. Ways Counties Can Provide Fire Protection Services There are a variety of ways counties can legally provide fire protection and prevention services. Under G.S. 153A-233 a county may: • Establish, equip, support, and maintain its own fire department • Provide financial assistance to incorporated volunteer fire departments • Contract for fire-fighting and prevention services with other counties, cities, other units of local government, State agencies, or one or more incorporated volunteer fire departments • Designate fire districts and prescribe boundaries for insurance grading purposes Establishing a County Fire Department While a county can establish its own fire department under G.S. 153A-233, counties generally do not use this option. Rather, they contract with city or, more often, volunteer fire departments. Contracts with Cities Under G.S. 160A-293, if a contract is made between a city and a county or a city and the owner of private property a city may install and maintain water mains, hydrants, and other equipment outside its corporate limits. The city may also send fireman and equipment outside its limits to provide protection. Employees of the city fire department have the same privileges and immunities that they have within the city limits while engaged in a duty at the order of the Fire Chief or City Council outside of the city. Contracts with Incorporated (Rural) Volunteer Fire Departments G.S. 153A-233 gives a county the right to make a contract with one or more incorporated volunteer fire departments to provide rural fire protection in a designated area for a fixed fee. "When a county enters into a contract with a volunteer fire department...the volunteer department then functions as a county fire department for all intents and 1 The information in this report was found in: Denning, Shea R. and Richard D. Ducker. County and Municipal Government in North Carolina Article 33: Fire Protection. School of Government iJNC-Chapel Hill: 2007 Loeb, Ben F. Fire Protection in North Carolina: Fifth Edition. Institute of Government LJNC-Chapel Hill: 1993 North Carolina General Statutes