reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 6 - FIRE EXTINGUISHERS (§§ 20-22-601 — 20-22-614) › Section 20-22-612 - License, permit, or certificate - Previously engaged persons

Notwithstanding the provisions of this subchapter, if any person or firm engaged in the business on January 1, 1977, of servicing portable fire extinguishers, installing or servicing fixed fire protection systems, or performing hydrostatic testing of fire extinguishers derived twenty-five percent (25%) or more of the personal or firm income from servicing portable fire extinguishers or installing or servicing fixed fire protection systems or hydrostatic testing of fire extinguishers during the 1976 calendar year, the person or firm shall be registered or issued a license to continue in the business upon payment of the annual registration or license fee prescribed in this subchapter for the particular type of business, if the applicant's qualifications meet those requirements established by the Arkansas Fire Protection Licensing Board.
Acts 1977, No. 743, § 14; A.S.A. 1947, § 82-845; Acts 2009, No. 422, § 12 [11].
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 6 - FIRE EXTINGUISHERS (§§ 20-22-601 — 20-22-614) › Section 20-22-613 - Actions

(a)
No portable fire extinguisher or fixed fire protection system may be sold or installed in this state unless it carries a label of approval of a nationally recognized testing laboratory approved by the Arkansas Fire Protection Licensing Board.
(b)
No soda acid or foam acid type fire extinguisher shall be sold or offered for sale in this state.
(c)
Every person or firm servicing any portable fire extinguisher in this state shall service the portable fire extinguisher under the standards and procedures prescribed in the rules of the board.
(d)
Every person installing or servicing a portable fire extinguisher, a fixed fire protection system, or a fire protection sprinkler system in this state shall affix a tag thereto showing the name of the person and firm selling, installing, or servicing the portable fire extinguisher, fixed fire protection system, or fire protection sprinkler system and the date of the installation or service.
(e)
The sale, servicing, or recharging of carbon tetrachloride fire extinguishers in this state is prohibited.
(f)
Except as provided in §
20-22-603
, only the holder of a current and valid license or an apprentice permit issued under this subchapter may service portable fire extinguishers, install and maintain fixed fire protection systems, or install or maintain fire protection sprinkler systems.
(g)
A person who has been issued a license or permit under this subchapter to service portable fire extinguishers, install or service fixed fire protection systems, or install and service fire protection sprinkler systems shall be an employee, agent, or servant of a firm that holds a current and valid certificate of registration issued under this subchapter.
(h)
Installation and servicing of fixed fire protection systems shall be accomplished under the rules of the board.
(i)
Installation and servicing of fire protection sprinkler systems shall be accomplished in accordance with the rules of the board.
(j)
(1)
Any fire protection sprinkler system that was installed before September 1, 1985, shall be serviced, maintained, inspected, and repaired under current rules of the board.
(2)
Any fixed fire protection system that was installed before January 1, 1979, shall be serviced, maintained, inspected, and repaired under current rules of the board.
Amended by Act 2013, No. 1132,§ 21, eff. 8/16/2013.
Amended by Act 2013, No. 1132,§ 20, eff. 8/16/2013.
Acts 1977, No. 743, § 8; 1979, No. 862, § 3; 1983, No. 782, §§ 8-10; 1985, No. 702, § 7; A.S.A. 1947, § 82-839; Acts 1987, No. 532, § 4; 2009, No. 422, § 13 [12].
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 7 - FIREWORKS (§§ 20-22-701 — 20-22-717) › Section 20-22-702 - Public displays excepted

(a)
Nothing in this subchapter shall be construed as applying to the shipping, sale, possession, and use of fireworks for public displays by holders of a permit for a public display to be conducted in accordance with the rules promulgated by the State Fire Marshal. Such items of fireworks which are to be used for public display only and which are otherwise prohibited for sale and use within the state shall include display shells designed to be fired from mortars and display set pieces of fireworks classified by the regulations of the United States Surface Transportation Board as Class B special fireworks and shall not include such items of commercial fireworks as cherry bombs, tubular salutes, repeating bombs, aerial bombs, and torpedoes.
(b)
(1)
Public displays shall be performed only under competent supervision and after the persons or organizations making the displays have applied for and received a permit for the displays issued by the State Fire Marshal.
(2)
Applications for permits for public displays shall be made in writing at least five (5) days in advance of the proposed display, and the application shall show that the proposed display is to be so located and supervised that it shall not be hazardous to life, limb, or property.
(3)
If the display is to be performed within the limits of a municipality, the application shall so state and shall bear the signed approval of the chief supervisory officials of the fire and police departments of the municipality.
(c)
(1)
Permits issued shall be limited to the time specified therein and shall not be transferable.
(2)
Only licensed distributors who are licensed importers or who purchase from licensed importers may possess special fireworks for resale to holders of a permit for a public fireworks display.
(d)
(1)
The Office of Fire Protection Services may charge a fee not to exceed fifty dollars ($50.00) for each permit issued under this section.
(2)
The total fee for all permits issued during a school year to an educational institution that provides instruction for grades kindergarten through twelve (K-12) shall not exceed twenty-five dollars ($25.00).
(3)
All permit fees shall be remitted to the office and shall be deposited into the State Treasury as special revenues to the credit of the Fire Services Fund.
Amended by Act 2023, No. 841,§ 33, eff. 7/1/2023.
Amended by Act 2023, No. 841,§ 32, eff. 7/1/2023.
Amended by Act 2023, No. 841,§ 31, eff. 7/1/2023.
Amended by Act 2023, No. 841,§ 30, eff. 7/1/2023.
Amended by Act 2019, No. 315,§ 2042, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 6011, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 6010, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 6009, eff. 7/1/2019.
Acts 1961, No. 224, § 6; 1985, No. 1040, § 1; A.S.A. 1947, § 82-1706; Acts 2005, No. 2204, § 2; 2009, No. 240, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 7 - FIREWORKS (§§ 20-22-701 — 20-22-717) › Section 20-22-703 - Other exceptions

(a)
(1)
Nothing in this subchapter shall be construed as applying to the:
(A)
Manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use;
(B)
Military or naval forces of the United States or of this state or to peace officers;
(C)
Sale or use of blank cartridges for ceremonial, theatrical, or athletic events; or
(D)
Transportation, sale, or use of permissible fireworks as defined in §
20-22-708
or special fireworks as defined in §
20-22-701
solely for agricultural or industrial purposes, provided that the purchaser first secures a written permit to purchase and use the fireworks for agricultural or industrial purposes from the State Fire Marshal.
(2)
No permit for use of fireworks for agricultural purposes shall be issued by the State Fire Marshal except after approval of the county agricultural agent of the county in which the fireworks are to be used.
(3)
(A)
All fireworks purchased under permit as authorized in this section for agricultural or industrial purposes shall at all times be kept in the possession of the permit holder.
(B)
The permits and fireworks shall not be transferable.
(b)
Any person holding a permit to purchase and use fireworks for agricultural or industrial purposes as provided in this section who shall sell, give away, or otherwise transfer the fireworks to another or shall use or permit the use of the fireworks for any purpose other than agricultural or industrial purposes as stated on the permit shall be in violation of this subchapter and subject to the penalties provided for in §
20-22-705
.
Amended by Act 2023, No. 841,§ 35, eff. 7/1/2023.
Amended by Act 2023, No. 841,§ 34, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 6012, eff. 7/1/2019.
Acts 1961, No. 224, § 9; 1963, No. 34, § 1; A.S.A. 1947, § 82-1709; Acts 2005, No. 1994, § 121.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 7 - FIREWORKS (§§ 20-22-701 — 20-22-717) › Section 20-22-704 - Power of municipalities unaffected

This subchapter shall not affect the power of any municipality to regulate or prohibit the sale or use of fireworks.
Acts 1961, No. 224, § 9; 1963, No. 34, § 1; A.S.A. 1947, § 82-1709.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 7 - FIREWORKS (§§ 20-22-701 — 20-22-717) › Section 20-22-705 - Violation of subchapter - Penalties

Any person violating any of the provisions of this subchapter, except §
20-22-706
, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or imprisoned for not more than ninety (90) days, or both, in the discretion of the court.
Acts 1961, No. 224, § 10; A.S.A. 1947, § 82-1710.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 7 - FIREWORKS (§§ 20-22-701 — 20-22-717) › Section 20-22-706 - License required - Penalty

(a)
No person shall do any act for which a license or permit is required by this subchapter or by local authorities acting pursuant to this subchapter unless he or she holds the proper federal, state, and local license and, if applicable, a permit.
(b)
Whoever violates subsection (a) of this section shall be punished by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) and may be prohibited from applying for a license or a permit for up to five (5) years.
Acts 1961, No. 224, § 10; A.S.A. 1947, § 82-1710; Acts 2005, No. 1994, § 122; 2005, No. 2204, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 7 - FIREWORKS (§§ 20-22-701 — 20-22-717) › Section 20-22-709 - Labeling

(a)
No permissible articles of common fireworks defined in §
20-22-708
shall be sold, offered for sale, or possessed within the state, or used in the State of Arkansas, except as provided in §
20-22-702
, unless it shall be properly named to conform to the nomenclature of §
20-22-708
and unless it shall be certified as "common fireworks" on all shipping cases and by imprinting on the article or retail container "I.C.C. Class C Common Fireworks". The imprint shall be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and by the general public.
(b)
Railway fusees are specifically excepted from this marking requirement.
Acts 1961, No. 224, § 2; A.S.A. 1947, § 82-1702.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 7 - FIREWORKS (§§ 20-22-701 — 20-22-717) › Section 20-22-710 - Location, display, sale, etc

(a)
The placing, storing, locating, or displaying of fireworks in any window where the sun may shine through glass on to the fireworks so displayed or to permit the presence of lighted cigars, cigarettes, or pipes within ten feet (10') of where the fireworks are offered for sale is declared unlawful and prohibited.
(b)
At all places where fireworks are stored or sold, there shall be posted signs with the words "FIREWORKS - NO SMOKING" in letters not less than four inches (4") high at each entrance to the retail sales area.
(c)
(1)
No fireworks are to be sold at retail at any location where paints, oils, or varnishes are kept for use or sale, unless the paints, oils, and varnishes are kept in the original unbroken containers, nor where resin, turpentine, gasoline, or other inflammable substance that may generate inflammable vapors is used, stored, or sold.
(2)
Consumer fireworks retail sales facilities and stores shall not be located within fifty feet (50') of the following:
(A)
Motor vehicle fuel dispensing station dispensers;
(B)
Retail propane dispensing station dispensers;
(C)
Above-ground storage tanks for flammable or combustible liquids;
(D)
Flammable gases or flammable liquefied gases; or
(E)
Compressed natural gas dispensing facilities.
(d)
All firework devices that are readily accessible to handling by a consumer or purchaser shall have their fuses protected in such a manner as to protect against accidental ignition of an item by spark, cigarette ash, or other ignition source. Safety-type-thread wrapped and coated fuses are exempt from this section.
(e)
All licensees under this subchapter shall have a fire extinguisher of a type approved by the State Fire Marshal in an area readily accessible to any point of storage or sale of fireworks. In lieu of such an extinguisher, retailers may maintain a common type of water hose, charged and connected to a water system, which is readily available to any area where fireworks are stored or sold.
Amended by Act 2023, No. 841,§ 37, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 6017, eff. 7/1/2019.
Acts 1961, No. 224, § 4; 1985, No. 1041, § 1; A.S.A. 1947, § 82-1704; Acts 2009, No. 239, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 7 - FIREWORKS (§§ 20-22-701 — 20-22-717) › Section 20-22-711 - Times of permissible sales

(a)
(1)
Except as provided in subdivision (a)(2) of this section, permissible items of fireworks, defined in §
20-22-708
, may be sold at retail to residents of the State of Arkansas and used within the State of Arkansas from June 20 through July 10 and December 10 through January 5 of each year only.
(2)
Permissible items of fireworks as defined in §
20-22-708
may be sold at retail all-year if sold in a permanent physical location.
(b)
As used in this section, "fireworks" shall not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five-hundredths grains (0.25 gr.) or less of explosive compounds are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than twenty-five-hundredths grains (0.25 gr.) of explosive compounds, cone, bottle, tube, or other type serpentine pop-off novelties, nonpoisonous toy snake, smoke sticks without report, and sparklers, the sale and use of which shall be permitted at all times.
Amended by Act 2017, No. 1093,§ 1, eff. 8/1/2017.
Acts 1961, No. 224, § 3; A.S.A. 1947, § 82-1703.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 7 - FIREWORKS (§§ 20-22-701 — 20-22-717) › Section 20-22-712 - Sales to certain people prohibited

It shall be unlawful to offer for retail sale or to sell any fireworks to children under twelve (12) years of age or to any person known to be intoxicated or irresponsible.
Acts 1961, No. 224, § 5; A.S.A. 1947, § 82-1705.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 7 - FIREWORKS (§§ 20-22-701 — 20-22-717) › Section 20-22-713 - Place of explosion or ignition

(a)
It shall be unlawful to explode or ignite fireworks within six hundred feet (600') of any church, hospital, asylum, public school, or within two hundred feet (200') of where fireworks are stored, sold, or offered for sale.
(b)
No person shall ignite or discharge any permissible articles of fireworks within, or throw the fireworks from, a motor vehicle while therein, nor shall any person place or throw any ignited article of fireworks into or at a motor vehicle or at or near any person or group of people.
Acts 1961, No. 224, § 5; A.S.A. 1947, § 82-1705.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 7 - FIREWORKS (§§ 20-22-701 — 20-22-717) › Section 20-22-714 - Seizure of contraband fireworks

(a)
The State Fire Marshal shall seize as contraband any fireworks other than Class C common fireworks defined in §
20-22-708
or special fireworks for public displays as provided in §
20-22-702
or for agricultural or industrial purposes as provided in §
20-22-703
, which are sold, displayed, used, or possessed in violation of this subchapter.
(b)
The State Fire Marshal may destroy fireworks so seized.
Amended by Act 2023, No. 841,§ 38, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 6018, eff. 7/1/2019.
Acts 1961, No. 224, § 14; 1963, No. 34, § 2; A.S.A. 1947, § 82-1712.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 7 - FIREWORKS (§§ 20-22-701 — 20-22-717) › Section 20-22-715 - Notice of violation - Hearing

(a)
With reference to the administrative and civil penalties imposed by this subchapter, the State Fire Marshal shall notify the person accused of a violation, setting a time and place for hearing to be held by the State Fire Marshal or his or her designated agent.
(b)
If the hearing results in a revocation or refusal to renew a license of or the imposition of any civil penalty upon that person, the person adjudged guilty of the violation shall have a right to appeal the decision, for a trial de novo, to the Pulaski County Circuit Court.
Amended by Act 2023, No. 841,§ 39, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 6019, eff. 7/1/2019.
Acts 1961, No. 224, § 11; A.S.A. 1947, § 82-1711.
Act 2023, No. 841 purported to amend section 20-22-7015; however, the amendment was implemented in this section to reflect the apparent intent of the legislature.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 7 - FIREWORKS (§§ 20-22-701 — 20-22-717) › Section 20-22-716 - License limitations

(a)
An importer license does not authorize a person to sell fireworks at wholesale or retail.
(b)
A jobber that does not possess an importer license shall not purchase fireworks other than from a vendor that holds a license as an importer and as a distributor.
Added by Act 2013, No. 1000,§ 2, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 7 - FIREWORKS (§§ 20-22-701 — 20-22-717) › Section 20-22-717 - Sale or use of sky lanterns - Definition

(a)
As used in this section, "sky lantern" means an unmanned free-floating device designed to contain an open flame.
(b)
Except as provided in subsection (c) of this section, the sale or use of sky lanterns is prohibited.
(c)
(1)
A city of the first class or a city of the second class may issue an event permit for the use of sky lanterns if the event is open to the public.
(2)
The city of the first class or the city of the second class may revoke the permit under subdivision (c)(1) of this section at any time before the event if the fire department of the city of the first class or the city of the second class determines that the use of sky lanterns at the location of the event or on the date of the event, or both, would be dangerous due to weather or other conditions.
Amended by Act 2023, No. 112,§ 1, eff. 8/1/2023.
Added by Act 2013, No. 1000,§ 2, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 8 - FIRE PROTECTION SERVICES (§§ 20-22-801 — 20-22-811) › Section 20-22-801 - Legislative findings

It is found and determined by the General Assembly that a system of certification and classification of fire departments should be established to encourage the improvement of the fire protection services in this state and to provide the people of this state with information about the level of service they are receiving. It is further found and determined that the public policy of this state should be to encourage individuals and organizations to provide fire protection services and that, to further this policy, workers' compensation coverage should be extended to volunteer firefighters of rural fire departments and that the civil liability of certified fire departments and their firefighters should be limited.
Acts 1987, No. 837, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 8 - FIRE PROTECTION SERVICES (§§ 20-22-801 — 20-22-811) › Section 20-22-802 - Definitions

As used in this subchapter:
(1)
[Repealed.]
(2)
"Certified fire department" means any fire department certified by the Director of the Office of Fire Protection Services as meeting minimum standards prescribed by the Arkansas Fire Protection Services Board;
(3)
[Repealed.]
(4)
"Fire department" means any organization established for the prevention or extinguishment of fires, including, but not limited to, fire departments organized under municipal or county ordinances, improvement districts, membership fee-based private fire departments, and volunteer fire departments; and
(5)
"Firefighter" means any paid or volunteer member of a fire department who engages in fire suppressions, rescue, pump operations, or other fire-ground activities.
Amended by Act 2019, No. 389,§ 40, eff. 7/24/2019.
Amended by Act 2019, No. 389,§ 39, eff. 7/24/2019.
Acts 1987, No. 837, § 2; 2003, No. 1396, § 1; 2003, No. 1459, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 8 - FIRE PROTECTION SERVICES (§§ 20-22-801 — 20-22-811) › Section 20-22-803 - Arkansas Fire Protection Services Board - Creation - Membership

(a)
(1)
There is created the Arkansas Fire Protection Services Board.
(2)
The board shall be composed of seventeen (17) members to be appointed by the Governor subject to confirmation by the Senate as follows:
(A)
(i)
Four (4) members shall be fire chiefs appointed by the Governor after consulting the Arkansas Association of Fire Chiefs.
(ii)
One (1) shall be a volunteer fire chief;
(B)
Two (2) members shall be appointed after consulting the Arkansas Rural and Volunteer Firefighters Association;
(C)
Four (4) members shall be appointed after consulting the Arkansas State Firefighters Association, Inc. of which:
(i)
Two (2) members shall be full paid firefighters; and
(ii)
Two (2) members shall be volunteer firefighters;
(D)
Four (4) members shall be appointed by the Governor after consulting the Arkansas Professional Fire Fighters Association;
(E)
The State Forester of the Arkansas Forestry Commission or his or her designee; and
(F)
Two (2) members shall be appointed after consulting the Arkansas Fire Marshal's Association, Inc.
(3)
The Director of the Arkansas Fire Training Academy, the Director of the Division of Emergency Management or his or her designee, and the State Fire Marshal or his or her designee shall be ex officio members.
(4)
Members shall serve three-year terms.
(5)
Each member shall hold office until his or her successor is appointed and qualified.
(b)
(1)
The board shall elect annually a chair, vice chair, and secretary.
(2)
The board shall meet at the call of the Chair of the Arkansas Fire Protection Services Board or a majority of the members.
(3)
A majority of the members constitutes a quorum.
(c)
The Governor shall fill vacancies occurring on the board with appointments for the duration of the unexpired terms.
(d)
The members shall serve without pay but may receive expense reimbursement in accordance with §
25-16-901
et seq.
Amended by Act 2023, No. 841,§ 40, eff. 7/1/2023.
Amended by Act 2019, No. 910,§ 6020, eff. 7/1/2019.
Amended by Act 2015, No. 1100,§ 50, eff. 7/22/2015.
Amended by Act 2013, No. 1256,§ 1, eff. 8/16/2013.
Acts 1987, No. 837, § 3; 1997, No. 250, § 195; 2003, No. 1459, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 8 - FIRE PROTECTION SERVICES (§§ 20-22-801 — 20-22-811) › Section 20-22-805 - Office of Fire Protection Services - Creation

(a)
There is created the Office of Fire Protection Services which shall be under the supervision and direction of the Director of the Division of Emergency Management.
(b)
The Director of the Office of Fire Protection Services, who shall be employed by the Director of the Division of Emergency Management, in consultation with the Secretary of the Department of Public Safety, shall have the responsibility to carry out the administrative functions and directives of the Arkansas Fire Protection Services Board.
(c)
[Repealed.]
Amended by Act 2019, No. 910,§ 6022, eff. 7/1/2019.
Acts 1987, No. 837, § 4; 1993, No. 280, § 2; 1999, No. 646, § 59.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 8 - FIRE PROTECTION SERVICES (§§ 20-22-801 — 20-22-811) › Section 20-22-806 - Certification and classification of fire departments

(a)
Fire departments in this state may apply for annual certification and classification by the Director of the Office of Fire Protection Services. Each fire department applying for certification shall submit such information as may be required by the director to determine whether the fire department meets minimum certification standards and to classify the department as to its level of service.
(b)
(1)
Certification standards for fire departments shall not be changed unless the changes are approved by the Arkansas Fire Protection Services Board.
(2)
Any change to the certification standards under this subsection shall not be effective until twelve (12) months after the adoption of the published change.
(c)
(1)
Firefighters shall maintain a minimum of sixteen (16) hours per year of certifiable training meeting the standards of the Arkansas Fire Training Academy.
(2)
A firefighter who receives more certified hours than required in subdivision (c)(1) of this section in a year may carry over the additional certified hours to the next year only.
(d)
Firefighters shall also receive within the first year of service as a firefighter:
(1)
Up to sixteen (16) hours in the Introduction to Firefighting course;
(2)
Up to sixteen (16) hours in the Personal Protective Equipment course; and
(3)
Up to eight (8) hours in the Wildland Fire Suppression course.
(e)
(1)
A member of a fire department who does not engage in firefighting is exempt from the requirements of this section.
(2)
A member under subdivision (e)(1) of this section shall be eligible for workers' compensation coverage under §
20-22-809
.
(3)
A member under subdivision (e)(1) of this section is considered a firefighter for the purpose of number of members of the fire department.
(f)
A fire department that complies with this section is eligible for insurance premium tax moneys under §
14-284-401
et seq.
Acts 1987, No. 837, § 5; 2007, No. 362, § 1; 2009, No. 808, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 8 - FIRE PROTECTION SERVICES (§§ 20-22-801 — 20-22-811) › Section 20-22-807 - Authority of certified fire departments

Certified fire departments and their firefighters shall have the authority to do all acts reasonably necessary to extinguish fires and protect life and property from fire.
Acts 1987, No. 837, § 6.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 8 - FIRE PROTECTION SERVICES (§§ 20-22-801 — 20-22-811) › Section 20-22-808 - Limited immunity of certified fire departments

(a)
Any certified fire department that does not have tort immunity as provided by state law shall be subject to limited liability as provided in this section.
(b)
Certified fire departments entitled to limited immunity under this section shall not be liable for damages to persons or property resulting from an act or omission of the fire department or the firefighter occurring at the scene of a reported fire and related to the suppression of the reported fire if the act or omission did not constitute gross negligence, wanton conduct, or intentional wrongdoing.
Acts 1987, No. 837, § 7.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 8 - FIRE PROTECTION SERVICES (§§ 20-22-801 — 20-22-811) › Section 20-22-809 - Workers' compensation

(a)
For the purpose of workers' compensation coverage in cases of injury to or death of an individual, volunteer firefighters of certified fire departments, other than municipal fire departments, who meet the requirements of this section are county employees and shall receive minimum compensation. Their survivors shall receive death benefits in the same manner as regular county employees for injury or death arising out of and in the course of their activities as firefighters.
(b)
Volunteer firefighters requesting workers' compensation coverage shall annually file with the county clerk evidence that:
(1)
The firefighter has met the minimum training standards recommended by the Arkansas Fire Protection Services Board; and
(2)
The volunteer firefighter is a member of a certified fire department other than a municipal fire department.
(c)
A member of a fire department under §
20-22-806
who does not engage in firefighting is eligible for workers' compensation under this section.
Acts 1987, No. 837, § 8; 2009, No. 808, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 8 - FIRE PROTECTION SERVICES (§§ 20-22-801 — 20-22-811) › Section 20-22-810 - Legislative purpose and intent

(a)
The General Assembly finds that:
(1)
The specialized and hazardous nature of firefighting requires that firefighters possess the requisite knowledge and demonstrate the ability to perform certain skills to carry our their responsibilities; and
(2)
The activities of firefighters are important to the health, safety, and welfare of the people of this state.
(b)
It is the intent of the General Assembly to require minimum standards for training for entry level, full-time firefighters.
Acts 2003, No. 1396, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 8 - FIRE PROTECTION SERVICES (§§ 20-22-801 — 20-22-811) › Section 20-22-811 - Training requirements

(a)
(1)
After January 1, 2004, no person shall be hired as a full-time firefighter by any local government firefighting unit for a period exceeding one (1) year or for a cumulative time exceeding two thousand nine hundred twelve (2,912) compensated hours unless that person is certified as having completed the mandatory training requirements in subsection (c) of this section.
(2)
Any state agency or political subdivision that employs a person as a firefighter for a period exceeding one (1) year or for a cumulative time exceeding two thousand nine hundred twelve (2,912) compensated hours who does not meet the requirements of subsection (c) of this section is prohibited from performing the duties of fire suppression, rescue, pump operations, or other fire ground activities as described in §
20-22-802(5)
.
(3)
The Arkansas Fire Protection Services Board may grant an extension to individuals employed within the guidelines as established by the board.
(b)
Firefighters serving as full-time employees before January 1, 2004, in a local firefighting unit shall not be required to meet the minimum requirements in subsection (c) of this section.
(c)
(1)
The uniform training standards for entry level, full-time firefighters shall consist of satisfactory completion of a training program administered by the Arkansas Fire Training Academy which shall utilize the "National Fire Protection Association 1001: Standard for Fire Fighter Professional Qualifications".
(2)
The academy shall be the certifying agency for fire service personnel.
(3)
Any person seeking employment from another state shall submit his or her certification to the academy for review and approval.
Acts 2003, No. 1396, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 9 - VOLUNTEER FIRE DEPARTMENTS (§§ 20-22-901 — 20-22-906) › Section 20-22-901 - Duty to respond to fires

(a)
(1)
(A)
Upon receipt of a report of an uncontrolled fire or a 911 or other emergency call reporting a fire, it shall be the duty of volunteer fire departments operating within the State of Arkansas to respond to, attempt to control, and put out all fires occurring within their respective districts involving any real or personal property, whether or not that property is owned by members of the fire district.
(B)
The volunteer fire department may seek payment or reimbursement from a member or nonmember of the fire district for one hundred percent (100%) of the expendable resources the volunteer fire department used to respond to an accident under subdivision (a)(1)(A) of this section if the accident involved personal property only.
(2)
However, unless the following circumstances exist, the volunteer fire department shall have no duty or authority to respond to or attempt to control and put out any fire that occurs on forest lands, cut-over lands, brush lands, or grasslands owned by a nonmember:
(A)
The fire poses an immediate threat to life of any person;
(B)
There is a written agreement between a nonmember owner of the real or personal property and the volunteer fire department requiring the fire department to respond;
(C)
The fire is in violation of a countywide fire ban; or
(D)
The fire poses an immediate threat to the real or personal property owned by a member of the district.
(b)
(1)
(A)
If the property is owned by a nonmember of the fire district, the volunteer fire department may recover from the nonmember property owner the reasonable value of its services.
(B)
Recovery under subdivision (b)(1)(A) of this section shall not exceed the fair market value of the services rendered.
(2)
(A)
A claim for services in responding to a fire or accident involving only personal property shall be allowed only for personal property of nonmembers.
(B)
The claimed amount under subdivision (b)(2)(A) of this section shall not exceed one thousand dollars ($1,000).
(C)
(i)
A claim under subdivision (b)(2)(A) of this section shall be supported by a completed and attached Uniform Fire Department Insurance Reimbursement Billing Form.
(ii)
The Arkansas Fire Protection Services Board shall adopt rules to create the form and the allowable rates for reimbursement under this subdivision (b)(2).
(iii)
The board shall use the Schedule of Equipment Rates published by the Federal Emergency Management Agency of the United States Department of Homeland Security, as in effect on January 1, 2013.
Amended by Act 2013, No. 1345,§ 3, eff. 8/16/2013.
Amended by Act 2013, No. 1345,§ 2, eff. 8/16/2013.
Acts 1987, No. 836, § 1; 1997, No. 1150, § 1; 2003, No. 655, § 1; 2007, No. 581, § 1; 2009, No. 952, § 6; 2009, No. 1482, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 9 - VOLUNTEER FIRE DEPARTMENTS (§§ 20-22-901 — 20-22-906) › Section 20-22-902 - Fire on nonmember's property - Reimbursement from insurance proceeds

When a volunteer fire department responds to a fire occurring or responds to a 911 or other fire emergency call within its district and the property which is the subject of the alarm is owned by a nonmember and insured in case of any damage resulting from a fire, the insurance company insuring the property against loss shall pay to the volunteer fire department the reasonable cost of its services from the insurance proceeds. The insurance company shall obtain a written and signed release from the fire chief of the volunteer fire department before disbursing the remaining proceeds to any other person, financial institution, company, or corporation which has a legal interest in the proceeds.
Acts 1987, No. 836, § 2; 1997, No. 1150, § 2.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 9 - VOLUNTEER FIRE DEPARTMENTS (§§ 20-22-901 — 20-22-906) › Section 20-22-903 - Authority of Arkansas Forestry Commission not affected

This subchapter and §
23-88-102
shall in no way modify or limit the existing authority of the Arkansas Forestry Commission, nor shall it be construed as repealing any law applicable to the commission.
Acts 1987, No. 836, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 9 - VOLUNTEER FIRE DEPARTMENTS (§§ 20-22-901 — 20-22-906) › Section 20-22-904 - Lien on uninsured nonmember's property

(a)
If the property which is the subject of the alarm is owned by a nonmember and is not insured and if the volunteer fire department has not been paid for the services rendered, then the volunteer fire department shall have an absolute lien on the real and personal property which is the subject of the alarm for the work and labor performed in responding to or fighting the fire to secure the payment of the work and labor performed.
(b)
The lien on real property shall attach to the real estate upon which the property is located and all improvements thereon.
(c)
The lien on personalty shall attach to all personal property owned by the nonmember located within the county in which the alarm occurred.
Acts 1987, No. 836, § 3; 1997, No. 1150, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 9 - VOLUNTEER FIRE DEPARTMENTS (§§ 20-22-901 — 20-22-906) › Section 20-22-905 - Filing and enforcement of lien

(a)
The volunteer fire department shall give ten (10) days' notice before the filing of the lien to the owner or agent that it holds a claim against the property setting forth the amount and from whom it is due. The notice may be served by any officer authorized by law to serve process in civil actions. When served by an officer, his or her official return endorsed on it shall be proof of service.
(b)
Whenever property is sought to be charged with a lien under this subchapter and §
23-88-102
and the owner is not a resident of this state, or conceals himself or herself or absents himself or herself from his or her usual place of abode so that the required notice cannot be served upon him or her, the notice may be filed with the clerk of the circuit court of the county in which the property to be charged with the lien is located. When filed, the lien shall have like effect as if served upon the owner or his or her agent and shall be received in all courts of this state as evidence of the service of the notice.
(c)
The volunteer fire department shall file with the clerk of the circuit court of the county in which the property to be charged with the lien is located, within one hundred twenty (120) days after the work and labor have been furnished and performed, a just and true account of the amount due and owing, after allowing all credits, and containing a correct description of the property to be charged with the lien, verified by affidavit.
(d)
All liens created by this subchapter and §
23-88-102
shall be enforced in the circuit court of the county wherein the property on which the lien is attached is located.
(e)
All actions under this subchapter and §
23-88-102
shall be commenced within fifteen (15) months after the filing of the lien. No lien shall continue to exist by virtue of the provisions of this subchapter and §
23-88-102
for more than fifteen (15) months after the lien shall be filed, unless within that time an action shall be instituted thereon.
(f)
The pleadings, practice, process, and other proceedings shall be the same as in ordinary civil actions and proceedings in circuit courts. The petition shall allege the facts necessary for securing a lien under this subchapter and §
23-88-102
together with a complete description of the property on which the lien is attached.
Acts 1987, No. 836, § 3.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 9 - VOLUNTEER FIRE DEPARTMENTS (§§ 20-22-901 — 20-22-906) › Section 20-22-906 - Attorney's fee

When any volunteer fire department gives notice to the nonmember owner of the property of the costs and expenses of responding to, suppressing, controlling, or attempting to suppress and control the fire and when the invoice is not paid within ninety (90) days, as provided for in this subchapter or under §
23-88-102
, if the volunteer fire department is required to sue for the enforcement of its claim, the court shall allow the volunteer fire department a reasonable attorney's fee in addition to other relief to which it may be entitled.
Acts 1997, No. 1150, § 4.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 10 - ARKANSAS COMPREHENSIVE FIRE PROTECTION ACT OF 1993 (§§ 20-22-1001 — 20-22-1016) › Section 20-22-1001 - Title

This subchapter may be cited as the "Arkansas Comprehensive Fire Protection Act of 1993".
Acts 1993, No. 1303, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 22 - FIRE PREVENTION, PROTECTION, AND SAFETY (§§ 20-22-101 — 20-22-1016) › Subchapter 10 - ARKANSAS COMPREHENSIVE FIRE PROTECTION ACT OF 1993 (§§ 20-22-1001 — 20-22-1016) › Section 20-22-1002 - Policy and purpose

Because of the existing and increasing occurrence of fires that damage and destroy the public and private property of the citizens of Arkansas and because of the increase in population and structures that form the residences, businesses, and institutions of this state and its business, industrial, and environmental resources and threaten the safety, health, and welfare of its citizens, it is found and declared to be necessary:
(1)
To facilitate the cooperation and efficient coordination of the current state functions related to fire prevention, training, and management through the Office of Fire Protection Services for more effective and economical use of existing personnel, equipment, facilities, and resources;
(2)
To provide a fire services management system to be responsive to local government for current and future fire services needs related to continued population and economic growth;
(3)
To direct the designation of fire protection services liaisons within each affected state department or agency and each local government; and
(4)
To prepare, develop, formulate, and engage in a comprehensive program for the orderly coordination, cooperation, and development of fire protection services resources of the State of Arkansas and its local governments, to be referred to as the "Arkansas Fire Protection Services Resources Plan".
Acts 1993, No. 1303, § 2.