*Editor’s note—Chapter 21 is cited generally in Lofland v. Montgomery County, 319 Md. 265, 572 A.2d 163 (1990); interpreted in Potter v. Bethesda Fire Department, Inc., 309 Md. 347, 524 A.2d 61 (1987); and discussed in Conway v. Takoma Park Volunteer Fire Department, Inc., 666 F.Supp. 786 (D.Md. 1987).
See County Attorney Opinion dated 7/8/02 describing the extent to which quasi-judicial officials may engage in political activities. See County Attorney Opinion dated 7/29/98 explaining that the Washington Metropolitan Area Transportation Authority, Housing Opportunities Commission, and the fire corporation must comply with County permit requirements and mandatory referral.
2009 L.M.C., ch. 5, § 2, subparagraphs (b) and (c), read as follows:
(b) Any reference in any law, regulation, or Fire and Rescue Service policy to the Fire and Rescue Commission must be treated as referring to the Fire and Emergency Services Commission created under Section 21-2, as amended by Section 1 of this Act, unless the context clearly indicates otherwise.
(c) In initially appointing the Fire and Emergency Services Commission under Section 21-2, the Executive must designate one career and one volunteer appointee to serve one year initial terms, one career appointee to serve a 2 year initial term, and one volunteer appointee to serve a 3 year initial term, and one member of the public to serve a term of one year, one to serve a term of 2 years, and one to serve a term of 3 years.
2004 L.M.C., ch. 5, § 2, subparagraphs (a) and (b), read as follows:
"Transition. (a) Regulations. A regulation issued by the Fire and Rescue Commission before this Act took effect [January 1, 2005] continues in effect unless it is inconsistent with Chapter 21, as amended by this Act, but must be treated as having been issued by the Fire Chief or the County Executive, as provided in Chapter 21, as amended by this Act. This Section does not apply to procedural regulations that the Commission is authorized to issue under Section 21-7(c), as amended by this Act.
(b) Fire Administrator. Any reference in any law, regulation, or procedure to the Fire Administrator must be treated as referring to the Fire Chief appointed under Section 21-3, as amended by this Act."
Chapter 21 is cited generally in Lofland v. Montgomery County, 319 Md. 265, 572 A.2d 163 (1990); interpreted in Potter v. Bethesda Fire Department, Inc., 309 Md. 347, 524 A.2d 61 (1987); and discussed in Conway v. Takoma Park Volunteer Fire Department, Inc., 666 F.Supp. 786 (D.Md. 1987).
1998 L.M.C., ch. 4, §3, reads as follows: "Transition; initial Commission terms. Until the Fire and Rescue Commission created by Section 21-2, as amended by Section 2 of this Act, has been appointed by the Executive and confirmed by the Council, the Fire and Rescue Commission in existence when this Act takes effect continues in office. In initially appointing the Commission under Section 21-2, the Executive must designate one career and one volunteer appointee to serve one year initial terms, one career appointee to serve a 2 year initial term, and one volunteer appointee to serve a 3 year initial term, and one member of the public to serve a term of one year, one to serve a term of 2 years, and one to serve a term of 3 years." 1980 L.M.C., ch 64, §5 also addressed transition provisions.
1998 L.M.C., ch. 4, §4, reads as follows: "Transition; Department organization. On July 1, 1998, the Department of Fire and Rescue Services becomes the Division of Fire and Rescue Services in the Montgomery County Fire and Rescue Service. Subject to appropriation, on or after that date the Fire Administrator may transfer any employee of the Division of Fire and Rescue Services to the Division of Volunteer Fire and Rescue Services, the office of the Administrator, or the office of the Commission. After this Act takes effect, all references in Chapter 22 and any other law, regulation, policy, contract, or other document to the Department of Fire and Rescue Services must be treated as referring to the Montgomery County Fire and Rescue Service, and all references in Chapter 22 and any other law, regulation, policy, contract, or other document to the Director of Fire and Rescue Services must be treated as referring to the Fire Administrator. All personnel or other regulations applicable to employees of the Department of Fire and Rescue Services or any local fire and rescue department on July 1, 1998, remain in force until otherwise amended or repealed, and apply to employees of the Montgomery County Fire and Rescue Service or the local fire and rescue departments respectively."
1992 L.M.C., ch. 8, §1, repealed former Article III, Fire Tax Districts, [§§ 21-13 and 21-14] effective July 1, 1993. 1992 L.M.C., ch. 8, §2, reads as follows: "However, notwithstanding the provisions of Section 21-13(a)(1), the Upper Montgomery County Fire Tax District must be merged into the Consolidated Fire Tax District, as if its tax rate equaled 26¢ per $100, as of July 1, 1992."
Article I. Comprehensive Fire and Rescue Services.
§ 21-1. Statement of policy; definitions.
Article II. Organization.
§ 21-2. Fire and Emergency Services Commission.
§ 21-3. Fire Chief; Division Chiefs.
§ 21-4. Council approval of local fire and rescue departments.
§ 21-5. Functions of local fire and rescue departments.
§ 21-6. LFRD representative; direct negotiation process.
§ 21-7. Appeals of certain disciplinary actions.
Article III. Operations.
§ 21-8. Integrated Emergency Command Structure.
§ 21-8A. Standardized Incident Management System.
§ 21-9. Disaster plan.
§ 21-10. Response areas.
§ 21-11. Communications procedures and dispatch times.
§ 21-12. Master fire, rescue, and emergency medical services plan.
§ 21-13. Temporary transfer of apparatus.
§ 21-14. Assumption of command by County government.
§ 21-15. Performance auditing.
Article IV. Personnel.
§ 21-16. Personnel administration for local fire and rescue departments.
§ 21-17. Encouraging volunteers.
§ 21-18. Training requirements and certification standards.
§ 21-19. Code of ethics and personal conduct.
§ 21-20. Disability and death benefits for members of local fire and rescue departments.
§ 21-21. Length of service award program for volunteers.
Article V. Fiscal Matters.
§ 21-22. Budget preparation.
§ 21-23. Taxation.
§ 21-23A. Emergency Medical Services Transport Insurance Reimbursement Program.
§ 21-24. Fire tax funds.
§ 21-25. Debt.
§ 21-26. Title to assets; sale or disposition.
§ 21-27. Purchasing and contracting.
Article VI. Fire Corporation Boards.
§ 21-28. Conduit Road.
§ 21-29. Gaithersburg-Washington Grove Commission.
§ 21-30. Hillandale.
§ 21-31. Upper Montgomery County.