(A) Each member of the Fire Department is authorized and directed to render firefighting service to owners or occupants of premises outside the corporate limits of the town only where those owners or occupants live within one mile of the corporate town limits.
(B) The only exception to this section which prohibits the town from providing fire service more than one mile outside the corporate limits is where a validly executed mutual aid agreement exists pursuant to § 32.42 or where an agreement is entered into with a property owner living more than one mile from the town limits, whereby the property owner agrees to pay the town on an equipment and labor basis for each call made in response to an alarm at the property; provided that, fire service provided more than one mile from the town limits pursuant to an agreement shall be limited to the smallest firefighting unit then available to the town. Any property outside the corporate town limits, in order to be eligible for the protection provided in this section, shall be subject to inspection by the Fire Chief, or anyone else designated by the Council, at any reasonable time for the purpose of determining fire safety compliance.
(C) The Fire Department shall not leave the town and render its service under this subchapter at any time that it is in the process of responding to an alarm within the town limits or fighting a fire therein. Neither the town, nor any member of the Fire Department, shall be under any liability for any failure to respond to any call for service outside the corporate town limits, or for any act performed or failed to be performed when responding to a call outside the town limits, and those property owners or occupants living outside the town limits who request or receive firefighting service from the town waive any liability as a condition precedent to their receipt of firefighting assistance.
(D) Section 32.41 shall be modified to the extent necessary to permit the firefighting equipment of the town to respond to a call outside the corporate town limits in the manner provided in this section or in § 32.42.
(1974 Code, § 4-2-9)