(a) A local fire and rescue department may provide direct fire suppression, rescue, or emergency medical services in the County only while the department:
(1) is approved by the County Council under Section 21-4; and
(2) complies with applicable County laws, regulations, policies, and procedures, and the lawful orders of the Fire Chief.
(b) Each local fire and rescue department must furnish any information requested by the Fire Chief or the Commission regarding operations, administration, volunteer participation, or any other aspect of fire, rescue, or emergency medical services.
(c) If the Fire Chief, after giving a local fire and rescue department a reasonable opportunity to respond, finds that the department has not complied with this Chapter or any other applicable County law, regulation, or policy, the County Executive may impound some or all of the tax funds designated for that local fire and rescue department. The Chief must administer the non-complying local fire and rescue department’s fire and rescue services responsibilities, and may use the impounded funds for that purpose. The Chief immediately must report to the Council and Executive about the local fire and rescue department’s non-compliance and must provide a status report 30 days later. After reviewing each report, the Executive must revoke, extend, or modify the impoundment of funds, consistent with the Chief’s finding of whether the local fire and rescue department has complied with the County law, regulation, or policy.
(d) The County Attorney, with the approval of the County Executive, may take any legal action necessary to assist the Fire Chief in enforcing this Chapter and all other applicable laws, regulations, and policies concerning fire and rescue services in the County.
(e) Nothing in this Chapter precludes, and the Fire Chief must not restrict, any local fire and rescue department from providing services to citizens in the District of Columbia if:
(1) those services had been provided under a mutual aid agreement or similar document that was in force on January 1, 2004; or
(2) those services would be provided under a mutual aid agreement approved at any time by the County Executive and County Council.(1980 L.M.C., ch. 64, § 3; 1998 L.M.C., ch. 4, §1; 2004 L.M.C., ch. 5, § 1; 2009 L.M.C., ch. 5, § 1.)
Editor’s note—See County Attorney Opinion dated 6/19/03 discussing the approvals needed to assign operational control of a new fire station to a local fire and rescue department.
Section 21-5, formerly § 21-6, was renumbered and amended pursuant to 2004, L.M.C., ch. 5, § 1. Former Section 21-6, formerly §21-4D, was renumbered, amended and retitled pursuant to 1998 L.M.C., ch. 4, §1.
1980 L.M.C., ch. 64, § 6, states: “This legislation shall be construed to maintain independent volunteer fire departments and rescue squads.”