*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.
(a) Legislative intent. The County Council, under Section 101 of the County Charter, intends to assure adequate public safety, health and welfare through an integrated fire, rescue, and emergency medical services program that is highly competent, highly trained, efficiently delivered, equitably administered and is provided by County, local fire and rescue department, and volunteer personnel. This program is operated by the County and the local fire and rescue departments. The Council believes that the County government is ultimately responsible for assuring public safety by providing fire, rescue and emergency services. This program should provide maximum cost-effective performance; promote the County-wide public interest; account for service levels and resources like other public programs; fairly communicate and consider all views regarding these services; and consider past and plan for projected growth and development in the County and its public safety requirements. To achieve these objectives a combined system of public and private resources is essential. The system includes:
(1) Delivery of fire, rescue and emergency medical services through the Montgomery County Fire and Rescue Service (MCFRS), including the local fire and rescue departments, under the authority of the Fire Chief or as otherwise provided by law.
(2) A coordinated policy and regulatory framework for the Montgomery County Fire and Rescue Service, including the local fire and rescue departments.
(3) A Standardized Incident Management System and an Integrated Emergency Command System which allow the integration of County and local fire and rescue department personnel and apparatus into County-wide, regional, State, and national emergency management plans.
The Council supports the delivery of fire, rescue and emergency services through the Montgomery County Fire and Rescue Service, including the local fire and rescue departments, operating under County policies and regulations implemented by the Fire Chief. This partnership ensures that service is delivered within a County-wide context and preserves community-based perspectives of the local fire and rescue departments. County officials, employees, volunteers, and local fire and rescue departments should actively encourage a combined service delivery system provided by local and County resources and promote equal opportunities and fair treatment for all personnel. The Council recognizes and respects the contributions of volunteers over many decades that have protected life and property in the County and provided vital and generous private support for an essential public activity. The Council acknowledges the years of volunteer effort, risk, and sacrifice; the time and money devoted to purchasing equipment, apparatus, and facilities; and the value to our community of opportunities for public service and fellowship. The County vigorously supports the continuation and expansion of volunteer participation to provide fire, rescue, and emergency medical services in the most cost-effective way and to encourage citizen participation in community activities.
(b) Purpose. This Chapter is intended to achieve the following goals for fire, rescue, and emergency medical services in the County:
(1) Maximum Protection for Life and Property. Provide maximum cost-effective, equitable, and responsive services to all County residents and visitors, including reasonable maximum response times, effective fire and rescue incident supervision, adequate staffing, effective distribution of personnel and apparatus, and timely adaptation to changing service needs. Ensure that all organizations and participants comprising the fire, rescue, and emergency medical services share the responsibility for continuously improving their effectiveness and efficiency.
(2) Maximum Volunteer Participation. Maintain and expand volunteer participation in fire, rescue, and emergency medical service operations and in policy-making.
(3) Optimum Personnel Practices. Promote equity and harmony among County, local fire and rescue department, and volunteer personnel; continually improve the capabilities of all personnel; effectively manage personnel; and achieve job performance and personal conduct of the highest caliber by County, local fire and rescue department, and volunteer personnel.
(4) Adequate Accountability. Account for service delivery, management practices, maintenance of all apparatus and facilities, and the use of public funds.
(5) Improved Operations and Administration. Minimize costs, including administrative overhead, apparatus, and other expenses; and effectively manage personnel, purchasing, maintenance, training, and other programs.
(6) Integration with Local, County-wide, regional, state, and national emergency management plans. Plan and coordinate County fire, rescue, and emergency services with services provided by other government and private organizations to provide all needed services while minimizing duplication and conflict.
(c) Definitions. As used in this Chapter, the following terms have the following meanings:
Apparatus and facilities: all buildings and other real property, and all vehicles and vehicle equipment, owned in whole or in part by the County or a local fire and rescue department that are or can be used to provide fire, rescue, or emergency medical services.
Commission: the Fire and Emergency Services Commission.
Emergency medical services: emergency transportation, medical treatment, and related services. Emergency medial services includes standards for and training and certification of care providers.
Fire Chief: the Fire Chief who is appointed under Section 21-3 to serve as the Director of the Montgomery County Fire and Rescue Service. Fire Chief includes the Fire Chief’s designee.
Incident Management System: the regional organizational structure protocol that supports an incident commander and is intended to promote communication, coordination, accountability, and effective action to respond to a natural disaster or other emergency.
LFRD representative: the authorized representative, if any, designated by the Local Fire and Rescue Departments under Section 21-6.
Local Fire and Rescue Department (LFRD): any individual fire or rescue squad corporation authorized under Section 21-5 to provide fire or rescue services.
National Incident Management System: the framework established under Homeland Security Presidential Directive 5, or any successor provision, to enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive plan for responding to these incidents.
Standardized Incident Management System: The organizational structure protocol implementing the standards under which an incident commander must provide communication, coordination, accountability, and effective action to respond to a natural disaster or other emergency.
Tax funds: any County government revenues, including fire tax revenues.
Volunteer: an individual who, without salary, performs fire, rescue, emergency medical, or related services as provided in this Chapter with the Montgomery County Fire and Rescue Service. (1980 L.M.C., ch. 64, § 3; 1988 L.M.C., ch. 14, § 2; 1998 L.M.C., ch. 4, § 1; 2004 L.M.C., ch. 5, § 1; 2009 L.M.C., ch. 5, § 1; 2010 L.M.C., ch. 49, § 1.)
Editor’s note—Section 21-1, formerly § 21-4A, was renumbered, amended and retitled pursuant to 1998 L.M.C., ch. 4, § 1.
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