KRS § 39F.140 — KY Code / Title V / Chapter 39F / Section 39F.140
39F.140 Purchase, disposal, and inspection of equipment -- Audit of funds
Status: in_force

39F.140 Purchase, disposal, and inspection of equipment -- Audit of funds.

(1) The rescue squad shall order or purchase with state or federal grant funds only the

approved equipment, services, or training, and no other, within fifteen (15) days of

the receipt of the grant funds and shall provide a copy of all paid invoices as well as

proof of payment, (canceled check, cash paid receipt, or similar document), within

ninety (90) days of the receipt of the grant funds. An extension of time periods may

be granted for cause upon written application to the director. Requests for time

extensions shall be submitted through the local emergency management director to

the area manager, for transmittal to the director. The director may grant or deny

extensions based upon need. Any funds not encumbered or expended during the

grant period shall be returned to the division, unless authorized in writing by the

director to make additional purchases with encumbered funds.

(2) All equipment purchased with rescue aid funds shall be selected from the minimum

equipment list unless an exception is approved by the director. Optional items shall

not be approved until all items on the required list have been acquired.

(3) The rescue squad shall be accountable to the Commonwealth of Kentucky for all

equipment purchased in whole or in part with rescue aid funds, and shall ensure the

storage or positioning of all equipment within the geographical boundaries of the

Commonwealth at all times, except when being utilized on an out-of-state mission

approved by the division. All equipment with a purchase price of three hundred

dollars ($300) or more shall be assigned a serial number provided by the division

which shall be engraved on the equipment. After five (5) years from the date of

purchase, all equipment costing less than three hundred dollars ($300) shall be

released to the squad. Equipment costing in excess of three hundred dollars ($300)

may be released to the squad after approval has been granted by the director. Squads

requesting release of equipment shall define in writing the rationale and justification

for the release.

(4) Permission to dispose of unserviceable, obsolete, or damaged items, which have not

been released to the squad pursuant to subsection (3) of this section, purchased in

whole or in part with rescue aid funds, may be granted by the director. Requests for

this action shall be submitted through the local emergency management director to

the area manager for transmittal to the director.

(5) When a rescue squad is disbanded, loses its local charter to operate, or otherwise

becomes, in the determination of the director, incapable of performing its duties as

provided in KRS 39F.020, all equipment purchased in whole or in part with rescue

aid funds, and which has not been released to the squad pursuant to subsection (3)

of this section, shall revert to the division for reallocation. If local funds were used

to pay for a portion of the equipment or the equipment has depreciated, the squad

may return the equipment to the division or repay an amount determined appropriate

by the director. The option of repayment shall exist only upon the disbanding, loss

of local charter, or determination of inability of the squad to perform its duties.

(6) In making determinations with regard to equipment which a rescue squad possesses

either for funding or accountability purposes, equipment personally owned by

members of a rescue squad shall not be counted for any purpose. Personally owned

equipment shall not be used to fulfill the requirements of the minimum equipment

list for the squad.

(7) Equipment which has been purchased in whole or in part with rescue aid funds, and

which has not been released to the squad pursuant to subsection (3) of this section,

shall be subject to inspection upon twenty-four (24) hours notice, by the local

emergency management director, an area manager, or any other employee of the

division.

(8) An inspection shall be made when accountable items are reported damaged, in need

of replacement, or where there is evidence of misuse. Inspections may also be made

upon the request of the local director, an area manager, or the director.

(9) An annual inspection of equipment purchased in whole or in part with rescue aid

funds, and which has not been released to the squad pursuant to subsection (3) of

this section, may be conducted by the local director, or an area manager. The review

shall be made to ensure accountability, or proper maintenance and utilization of the

equipment.

(10) All funds provided pursuant to KRS 39F.100, 39F.110, 39F.120, 39F.130, 39F.140,

39F.150, and 39F.160 shall be subject to state audit and rescue squads shall

cooperate fully to provide necessary documentation and other support required for

the audit.

(11) A rescue squad aggrieved by a decision of the division to withdraw funds or

equipment allocated to the rescue squad pursuant to subsection (5) of this section

may appeal the decision in the manner provided in KRS 39C.080.