2023 Montana Code Annotated › Title 10. Military Affairs and Disaster and Emergency Services › Chapter 3. Disaster and Emergency Services › Part 2. Intergovernmental Cooperation › 10-3-209. Political subdivision requests for assistance -- application to fire districts, fire service areas, and fire companies in unincorporated places -- immunity

10-3-209. Political subdivision requests for assistance -- application to fire districts, fire service areas, and fire companies in unincorporated places -- immunity.
(1) If an incident, emergency, or disaster occurs in a political subdivision that has not concluded a mutual aid agreement pursuant to 10-3-202, the local or interjurisdictional agency, incident commander, or principal executive officer of the political subdivision may request assistance from another public or private agency.
(2) (a) The following individuals or entities may request assistance with an incident, emergency, or disaster if a mutual aid agreement has not been concluded for protection of the area within the jurisdiction of these individuals or entities:
(i) the trustees of a rural fire district created pursuant to Title 7, chapter 33, part 21, a representative of the trustees, or an incident commander for the district;
(ii) the chief of a rural fire company organized pursuant to 7-33-2311 or an incident commander for the chief;
(iii) the governing body of a fire service area created pursuant to Title 7, chapter 33, part 24, a representative of the governing body, or an incident commander for the area.
(b) A request for assistance by an individual or entity under subsection (2)(a) may be made to any of the following:
(i) a fire district;
(ii) an unincorporated municipality;
(iii) an incorporated municipality;
(iv) a state agency;
(v) a private fire prevention agency;
(vi) an agency of the federal government;
(vii) a fire service area;
(viii) the governing body of a political subdivision; or
(ix) the governing bodies of fire protection services, emergency medical care providers, and local government subdivisions of any other state or the United States pursuant to part 11 of this chapter.
(3) A public or private agency receiving a request pursuant to subsection (1) or (2) shall determine if it will provide the requested assistance or if it will provide other assistance and shall inform the requesting local or interjurisdictional agency, principal executive officer, incident commander, or other individual or entity making the request, as soon as possible, of that determination. The nature and extent of assistance provided by a public or private agency may be determined only by that public or private agency.
(4) The incident commander of the local or interjurisdictional agency making a request for assistance has overall responsibility for command of the resources provided by a public or private agency responding to a request. However, operational control of individual pieces of equipment and personnel furnished by the responding public or private agency remains with that agency.
(5) This section does not waive an immunity or limitation on liability applicable to any of the following entities or individuals requesting or receiving assistance pursuant to this section:
(a) a fire district;
(b) a fire service area;
(c) a fire company;
(d) an unincorporated municipality, town, or village;
(e) a political subdivision; or
(f) an agent, employee, representative, or volunteer of an entity listed in this subsection.
History: En. Sec. 8, Ch. 46, L. 1997; amd. Sec. 6, Ch. 292, L. 2007.