§ 34.28 CALLS OUTSIDE TOWN LIMITS.
   (A)   Power to contract. The town is hereby authorized and empowered to enter into contracts or agreements with individuals, firms, private corporations or associations, or military installations or commands, or political subdivisions of the state for fire protection outside the corporate limits of the town, and to contract to provide fire protection jointly with other organizations and municipal subdivisions of the state.
   (B)   Contracts for service. Any contract entered into by the town, with an individual owner, a firm, private corporation, association or political subdivision, for outside aid or mutual aid for fire protection, shall provide for the payment by the owner, firm, private corporation, association or political subdivision for such service, equipment or personnel in an amount reached through negotiation by the parties.
   (C)   Authority to answer calls. The Fire Department is authorized to answer all outside calls in the surrounding community or counties within a distance of 50 miles from the nearest fire station, unless, in the opinion of the Fire Chief or ranking officer, it is inexpedient to do so on account of another fire in town, broken apparatus, impassable or dangerous highways or other physical conditions. A high priority shall be placed on a radius of five miles outside the town limits.
   (D)   Charges for calls made outside town. The town may enter into a contract with persons, organizations or associations to provide fire protection service outside the town limits. Such contracts shall be conditioned upon the determination of the Fire Chief that the property in question is within a reasonable distance from the town and that, prior to any fire protection equipment being dispatched for any fire call for such property, the Fire Chief on duty shall first approve such call and determine that the equipment and personnel to be dispatched are not needed for other purposes within the town. The charges for such calls shall be as specified in the fee schedule.
   (E)   Firefighters serving in regular line of duty.
      (1)   All firefighters attending and serving at fires or doing fire prevention work outside the corporate limits of the town, as herein provided, shall be considered as serving in their regular line of duty as fully as if they were serving within the corporate limits of the town.
      (2)   The firefighters shall be entitled to all the benefits of any fire pension and relief fund in the same manner as if the firefighting or fire prevention work was being done within the corporate limits of the town.
   (F)   Department considered agent of state. The Fire Department, when answering any fire alarm or call or performing any fire prevention services outside the corporate limits of the town, shall be considered as an agent of the state, and acting solely and alone in a governmental capacity, and the town shall not be liable in damages for any act of commission, omission or negligence while answering or returning from any fire, or reported fire, or doing any fire prevention work under and by virtue of this section.
(Prior Code, § 5-2-14)