reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2142. Division of district -- petition -- plan for division

7-33-2142. Division of district -- petition -- plan for division.
(1) (a) A fire district's board of trustees may vote to divide the district upon an affirmative vote of the board and upon receipt of a petition signed by the owners of 40% or more of the real property within the area proposed to be detracted from the original district and owners of property representing 40% or more of the taxable value of property in the area proposed to be detracted from the original district.
(b) The petition must describe the boundaries of the proposed detracted area and the boundaries of the remaining area.
(2) At the time it votes to divide, the board shall adopt a division plan that contains:
(a) a timetable for division, including the effective date, that must be after the time allowed for protests to the division;
(b) the names of the new rural fire districts;
(c) the boundary maps of the new districts;
(d) the estimated financial impact of the division on an owner of a home valued at $100,000; and
(e) a method for the fair and equitable division of the assets and liabilities of the original district among the new districts.
(3) The board of trustees shall forward the plan to the board of county commissioners in the county where the districts are located.
(4) Within 21 days of receipt of the plan, the board of county commissioners shall set a date for a public hearing on the division and shall give notice of the hearing as provided in 7-1-2121 or as provided in 7-1-4127 if any part of the proposed detracted area is within the limits of an incorporated city or town.
History: En. Sec. 11, Ch. 499, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2143. Decision on petition for division -- protest

7-33-2143. Decision on petition for division -- protest.
The petition must be granted and the original districts must be divided into separate districts unless at the time of the hearing on the petition protests are presented by the owners of 40% or more of the real property in the entire original district and owners of property representing 40% or more of the taxable value of property in the entire original district. If the required number of protests are presented, the petition for division may not be approved.
History: En. Sec. 3237, Pol. C. 1895; re-en. Sec. 2081, Rev. C. 1907; amd. Sec. 1, Ch. 16, L. 1915; amd. Sec. 1, Ch. 16, L. 1921; re-en. Sec; 5148, R.C.M. 1921; amd. Sec. 1, Ch. 15, L. 1931; re-en. Sec. 5148, R.C.M; 1935; amd. Sec. 1, Ch. 118, L. 1945; amd. Sec. 2, Ch. 97, L. 1947; amd; Sec. 1, Ch. 75, L. 1953; amd. Sec. 1, Ch. 75, L. 1957; amd. Sec. 1, Ch; 48, L. 1959; amd. Sec. 1, Ch. 77, L. 1959; amd. Sec. 1, Ch. 49, L. 1963; amd. Sec. 1, Ch. 45, L. 1969; amd. Sec. 2, Ch. 81, L. 1977; R.C.M. 1947, 11-2008(part); amd. Sec. 12, Ch. 499, L. 2007; Sec. 7-33-2123, MCA 2005; redes. 7-33-2143 by Code Commissioner, 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 21. Rural Fire Districts › 7-33-2144. Distribution of assets and liabilities following division

7-33-2144. Distribution of assets and liabilities following division.
(1) Upon the division of districts, the assets and liabilities of the original rural fire district must be distributed in accordance with the division plan as provided in 7-33-2142.
(2) Any detracted area is liable for any existing warrant and bonded indebtedness of the original district.
History: En. Sec. 3237, Pol. C. 1895; re-en. Sec. 2081, Rev. C. 1907; amd. Sec. 1, Ch. 16, L. 1915; amd. Sec. 1, Ch. 16, L. 1921; re-en. Sec; 5148, R.C.M. 1921; amd. Sec. 1, Ch. 15, L. 1931; re-en. Sec. 5148, R.C.M; 1935; amd. Sec. 1, Ch. 118, L. 1945; amd. Sec. 2, Ch. 97, L. 1947; amd; Sec. 1, Ch. 75, L. 1953; amd. Sec. 1, Ch. 75, L. 1957; amd. Sec. 1, Ch; 48, L. 1959; amd. Sec. 1, Ch. 77, L. 1959; amd. Sec. 1, Ch. 49, L. 1963; amd. Sec. 1, Ch. 45, L. 1969; amd. Sec. 2, Ch. 81, L. 1977; R.C.M. 1947, 11-2008(part); amd. Sec. 13, Ch. 499, L. 2007; Sec. 7-33-2124, MCA 2005; redes. 7-33-2144 by Code Commissioner, 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 22. Rural Fire Protection › 7-33-2201. Authority of county governing body to protect range, farm, and forest resources

7-33-2201. Authority of county governing body to protect range, farm, and forest resources.
For the purpose of protection and conservation of range, farm, and forest resources and of the prevention of soil erosion, the county governing body may perform the functions provided in this part.
History: En. Sec. 1, Ch. 173, L. 1945; amd. Sec. 12, Ch. 397, L. 1977; R.C.M. 1947, 28-601.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 22. Rural Fire Protection › 7-33-2202. Functions of county governing body

7-33-2202. Functions of county governing body.
(1) The county governing body, with respect to rural fire control, shall carry out the specific authorities and duties imposed in this section.
(2) The governing body shall:
(a) provide for the organization of volunteer rural fire control crews; and
(b) provide for the formation of county volunteer fire companies.
(3) The governing body shall appoint a county rural fire chief and as many district rural fire chiefs, subject to the direction and supervision of the county rural fire chief, that it considers necessary.
(4) Pursuant to 76-13-105(3), the county governing body shall, within the limitations of 7-33-2205, 7-33-2206, 7-33-2208, and 7-33-2209, either:
(a) directly protect from fire land in the county that is not in a wildland fire protection district, as provided in 76-13-204, or under the protection of a municipality, state agency, or federal agency; or
(b) enter into an agreement for wildland fire protection with a recognized agency, as that term is defined in 76-13-102.
(5) The county governing body may enter into mutual aid agreements for itself and for county volunteer fire companies with:
(a) other fire districts;
(b) unincorporated municipalities;
(c) incorporated municipalities;
(d) state agencies;
(e) private fire prevention agencies;
(f) federal agencies;
(g) fire service areas;
(h) governing bodies of other political subdivisions in Montana; or
(i) governing bodies of fire protection services, emergency medical care providers, and local government subdivisions of any other state or the United States pursuant to Title 10, chapter 3, part 11.
(6) If the county governing body has not concluded a mutual aid agreement, the county governing body, a representative of the county governing body, or an incident commander may request assistance pursuant to 10-3-209.
History: En. Sec. 2, Ch. 173, L. 1945; amd. Sec. 1, Ch. 229, L. 1973; amd. Sec. 13, Ch. 397, L. 1977; R.C.M. 1947, 28-602(part); amd. Sec. 1, Ch. 615, L. 1983; amd. Sec. 2, Ch. 46, L. 1997; amd. Sec. 2, Ch. 292, L. 2007; amd. Secs. 18, 26, Ch. 499, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 22. Rural Fire Protection › 7-33-2203. County rural fire chief

7-33-2203. County rural fire chief.
The county rural fire chief may be a regular county officer or other person who in the opinion of the board is the best qualified to perform the duties of this office and who is not entitled to additional compensation for the duties hereby imposed.
History: En. Sec. 2, Ch. 173, L. 1945; amd. Sec. 1, Ch. 229, L. 1973; amd. Sec. 13, Ch. 397, L. 1977; R.C.M. 1947, 28-602(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 22. Rural Fire Protection › 7-33-2204. Repealed

7-33-2204. Repealed.
Sec. 25, Ch. 499, L. 2007.
History: En. Sec. 2, Ch. 173, L. 1945; amd. Sec. 1, Ch. 229, L. 1973; amd. Sec. 13, Ch. 397, L. 1977; R.C.M. 1947, 28-602(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 22. Rural Fire Protection › 7-33-2205. Establishment of fire season -- permit requirements -- reimbursement of costs

7-33-2205. Establishment of fire season -- permit requirements -- reimbursement of costs.
(1) (a) Subject to the provisions of Title 76, chapter 13, part 1, the county governing body may in its discretion establish controlled burning seasons annually, during which, subject to 76-13-121, a person may not ignite or set a fire, including a slash-burning fire, land-clearing fire, debris-burning fire, or open fire within the county protection area on any residential or commercial property, forest, range, or croplands subject to the provisions of this part without having obtained an official written permit or permission to ignite or set a fire from the recognized protection agency for that protection area.
(b) If a person, entity, or representative of a person or entity has entered into a fire hazard reduction agreement pursuant to Title 76, chapter 13, part 4, and is complying with that agreement, open burning may be conducted, subject to 76-13-121, between October 1 and April 30 without obtaining a written permit or permission to set a fire. The person, entity, or representative of a person or entity shall:
(i) obtain air quality and ventilation forecasts before igniting or setting the fire; and
(ii) notify the county of the location of the burn area.
(2) A permit or permission is not needed for recreational fires measuring less than 48 inches in diameter that are surrounded by a nonflammable structure and for which a suitable source of extinguishing the fire is available.
(3) A person who purposely ignites a fire in violation of this section shall reimburse the county governing body or recognized protection agency for costs incurred for any fire suppression activities resulting from the illegal fire, as provided in 50-63-103.
History: En. Sec. 3, Ch. 173, L. 1945; amd. Sec. 1, Ch. 40, L. 1955; amd. Sec. 1, Ch. 337, L. 1971; amd. Sec. 1, Ch. 73, L. 1977; amd. Sec. 14, Ch. 397, L. 1977; R.C.M. 1947, 28-603(1); amd. Sec. 1, Ch. 273, L. 2003; amd. Sec. 1, Ch. 492, L. 2005; amd. Sec. 19, Ch. 499, L. 2007; amd. Sec. 1, Ch. 305, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 22. Rural Fire Protection › 7-33-2206. Violations

7-33-2206. Violations.
A person who ignites or sets a fire, including a slash-burning fire, land-clearing fire, debris-burning fire, or open fire on any residential or commercial property, forest, range, or cropland subject to the provisions of this part without first having obtained a written permit or permission from the recognized protection agency for that protection area to ignite or set the fire is guilty of a misdemeanor.
History: En. Sec. 3, Ch. 173, L. 1945; amd. Sec. 1, Ch. 40, L. 1955; amd. Sec. 1, Ch. 337, L. 1971; amd. Sec. 1, Ch. 73, L. 1977; amd. Sec. 14, Ch. 397, L. 1977; R.C.M. 1947, 28-603(2); amd. Sec. 2, Ch. 492, L. 2005; amd. Sec. 20, Ch. 499, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 22. Rural Fire Protection › 7-33-2207. Repealed

7-33-2207. Repealed.
Sec. 25, Ch. 499, L. 2007.
History: En. Sec. 3, Ch. 173, L. 1945; amd. Sec. 1, Ch. 40, L. 1955; amd. Sec. 1, Ch. 337, L. 1971; amd. Sec. 1, Ch. 73, L. 1977; amd. Sec. 14, Ch. 397, L. 1977; R.C.M. 1947, 28-603(3).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 22. Rural Fire Protection › 7-33-2208. Fire control powers -- liability

7-33-2208. Fire control powers -- liability.
(1) Any county rural fire chief, district rural fire chief or deputy, or fire service area or fire company fire chief or deputy may enter private property or direct the entry of fire control crews for the purpose of suppressing fires.
(2) A chief or deputy and the county, rural district, fire company, or fire service area are immune from suit for injury to persons or property resulting from actions taken to suppress fires under 10-3-209 or this section. An entity or individual listed in this section is also immune from suit for injury to persons or property resulting from a determination not to provide assistance requested pursuant to 10-3-209.
(3) An owner of real property is not liable for damages or injury resulting from acts or omissions by a volunteer firefighter of a rural fire district, fire service area, or fire company while the firefighter is engaged in fire suppression activities on the owner's property.
History: En. Sec. 3, Ch. 173, L. 1945; amd. Sec. 1, Ch. 40, L. 1955; amd. Sec. 1, Ch. 337, L. 1971; amd. Sec. 1, Ch. 73, L. 1977; amd. Sec. 14, Ch. 397, L. 1977; R.C.M. 1947, 28-603(4); amd. Sec. 1, Ch. 75, L. 1989; amd. Sec. 3, Ch. 46, L. 1997; amd. Sec. 1, Ch. 223, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 22. Rural Fire Protection › 7-33-2209. Finance of fire control activities -- voted levy for volunteer firefighters' disability income insurance or workers' compensation coverage

7-33-2209. Finance of fire control activities -- voted levy for volunteer firefighters' disability income insurance or workers' compensation coverage.
(1) The county governing body may appropriate funds for the purchase, care, and maintenance of firefighting equipment or for the payment of wages in prevention, detection, and suppression of fires.
(2) Subject to 15-10-420, if the general fund is budgeted to the full limit, the county governing body may, at any time fixed by law for levy and assessment of taxes, levy a tax for the purposes of subsection (1).
(3) Subject to 15-10-425, the county governing body may levy a tax for the purpose of purchasing disability income insurance coverage or workers' compensation coverage for volunteer firefighters of volunteer rural fire control crews and county volunteer fire companies as provided in 7-6-621.
History: En. Sec. 3, Ch. 173, L. 1945; amd. Sec. 1, Ch. 40, L. 1955; amd. Sec. 1, Ch. 337, L. 1971; amd. Sec. 1, Ch. 73, L. 1977; amd. Sec. 14, Ch. 397, L. 1977; R.C.M. 1947, 28-603(5); amd. Sec. 1, Ch. 733, L. 1991; amd. Sec. 71, Ch. 584, L. 1999; amd. Sec. 79, Ch. 574, L. 2001; amd. Sec. 3, Ch. 485, L. 2007; amd. Sec. 3, Ch. 255, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 22. Rural Fire Protection › 7-33-2210. State to be reimbursed for wildland fire suppression activities in noncooperating counties

7-33-2210. State to be reimbursed for wildland fire suppression activities in noncooperating counties.
A county that has not entered into a cooperative or other written agreement with the state for wildland fire protection shall reimburse the state for costs incurred by the state in connection with state fire suppression activities resulting from a wildland fire emergency on land in that county that is not in a wildland fire protection district, as provided in 76-13-204, or protected through an agreement with a recognized agency, as provided in 7-33-2202(4)(b).
History: En. 28-605 by Sec. 15, Ch. 397, L. 1977; R.C.M. 1947, 28-605; amd. Sec. 21, Ch. 499, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 22. Rural Fire Protection › 7-33-2211. Levy against certain properties prohibited

7-33-2211. Levy against certain properties prohibited.
The levy authorized by this part may not be assessed against properties located within the incorporated boundaries of a city or town.
History: En. Sec. 2, Ch. 733, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 22. Rural Fire Protection › 7-33-2212. Activity restrictions in high fire hazard areas

7-33-2212. Activity restrictions in high fire hazard areas.
(1) A board of county commissioners may designate areas on private land or on land that is not under the jurisdiction of a municipality or a state or federal agency as high fire hazard areas.
(2) Except as provided in 87-3-106(2), in designated high fire hazard areas, the board may require all persons, firms, or corporations present or engaged in any activity in those areas to cease operations or activities or to adjust working hours to less critical periods of the day.
(3) The presiding officer of the board may control ingress and egress into a high fire hazard area if an emergency or disaster is declared under the provisions of Title 10, chapter 3, part 4.
(4) (a) An entity that is conducting official business, an entity having actual residence as a permanent or principal place of abode in the designated area, or an entity engaged in employment that does not present a fire hazard must be allowed ingress and egress unless there is a significant risk to human health or safety.
(b) For the purposes of this section, "official business" includes but is not limited to the functions of governmental agencies and the activities of utilities, cooperatives, and telecommunications providers to operate, construct, repair, and maintain utility facilities that are essential to the public.
History: En. Sec. 1, Ch. 450, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 22. Rural Fire Protection › 7-33-2215. County firewarden authorized -- duties

7-33-2215. County firewarden authorized -- duties.
(1) A county governing body may appoint a county firewarden.
(2) A county firewarden appointed under this section shall demonstrate knowledge in local, state, and federal wildland fire policy and wildland fire suppression.
(3) A county firewarden shall act as a liaison between local, state, and federal agencies to coordinate training and wildland fire prevention, detection, suppression, investigation, and mitigation. The county governing body may establish any additional duties that the governing body determines to be necessary.
(4) The position of county firewarden is distinct from the position of a county rural fire chief appointed under 7-33-2203 and from a firewarden appointed by the department of natural resources and conservation under 76-13-104.
History: En. Sec. 1, Ch. 206, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 23. Fire Protection in Unincorporated Places › 7-33-2301. Repealed

7-33-2301. Repealed.
Sec. 2, Ch. 310, L. 1993.
History: En. Sec. 1, p. 101, L. 1876; re-en. Sec. 639, 5th Div. Rev. Stat. 1879; re-en. Sec. 1139, 5th Div. Comp. Stat. 1887; re-en. Sec. 3230, Pol. C. 1895; re-en. Sec. 2074, Rev. C. 1907; re-en. Sec. 5141, R.C.M. 1921; re-en. Sec. 5141, R.C.M. 1935; R.C.M. 1947; 11-2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 23. Fire Protection in Unincorporated Places › 7-33-2302. Repealed

7-33-2302. Repealed.
Sec. 2, Ch. 310, L. 1993.
History: En. Sec. 2, p. 101, L. 1876; re-en. Sec. 640, 5th Div. Rev. Stat. 1879; re-en. Sec. 1140, 5th Div. Comp. Stat. 1887; re-en. Sec. 3231, Pol. C. 1895; re-en. Sec. 2075, Rev. C. 1907; amd. Sec. 1, Ch. 17, L. 1921; re-en. Sec. 5142, R.C.M. 1921; re-en. Sec. 5142, R.C.M. 1935; R.C.M. 1947, 11-2002.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 23. Fire Protection in Unincorporated Places › 7-33-2311. Fire companies authorized

7-33-2311. Fire companies authorized.
(1) Fire companies in unincorporated towns and villages are organized by filing with the county clerk of the county in which they are located a certificate in writing, signed by the presiding officer and secretary, providing the date of organization, name, officers, and roll of active and honorary members.
(2) Pursuant to 19-17-112, a fire company shall file with the public employees' retirement board by September 1 of each year:
(a) the annual certificate for the prior fiscal year;
(b) the roster of active and inactive members for the current fiscal year; and
(c) membership cards for all members.
History: En. Sec. 3232, Pol. C. 1895; re-en. Sec. 2076, Rev. C. 1907; re-en. Sec. 5143, R.C.M. 1921; Cal. Pol. C. Sec. 3335; re-en. Sec. 5143, R.C.M. 1935; amd. Sec. 1, Ch. 69, L. 1977; R.C.M. 1947, 11-2003(part); amd. Sec. 1, Ch. 137, L. 1995; amd. Sec. 22, Ch. 499, L. 2007; amd. Sec. 2, Ch. 64, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 23. Fire Protection in Unincorporated Places › 7-33-2312. Organization of fire company

7-33-2312. Organization of fire company.
(1) A fire company organized pursuant to 7-33-2311 shall choose or elect a presiding officer, a secretary, and a treasurer and may establish and adopt bylaws and regulations and impose penalties, not exceeding $5 or expulsion, for each offense.
(2) A regularly organized fire department may adopt a department seal, stating the name of the particular fire department to which it belongs. The seal is under the control of and for the use of the secretary and must be affixed to exempt certificates, certificates of active membership, and other documents that the bylaws may provide. The secretary of a department having a seal shall take the constitutional oath of office and give a bond that the bylaws provide for the faithful performance of the secretary's duties.
History: (1)En. Sec. 3233, Pol. C. 1895; re-en. Sec. 2077, Rev. C. 1907; re-en. Sec. 5144, R.C.M. 1921; re-en. Sec. 5144, R.C.M. 1935; amd. Sec. 3, Ch. 489, L. 1977; Sec. 11-2004, R.C.M. 1947; (2)En. Sec. 3235, Pol. C. 1895; re-en. Sec. 2079, Rev. C. 1907; re-en. Sec. 5146, R.C.M. 1921; re-en. Sec. 5146, R.C.M. 1935; Sec. 11-2006, R.C.M. 1947; R.C.M. 1947, 11-2004(part), 11-2006(part); amd. Sec. 11, Ch. 263, L. 1979; amd. Sec. 37, Ch. 575, L. 1981; amd. Sec. 724, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 23. Fire Protection in Unincorporated Places › 7-33-2313. Repealed

7-33-2313. Repealed.
Sec. 2, Ch. 167, L. 2007.
History: En. Sec. 3236, Pol. C. 1895; re-en. Sec. 2080, Rev. C. 1907; re-en. Sec. 5147, R.C.M. 1921; re-en. Sec. 5147, R.C.M. 1935; amd. Sec. 6, Ch. 118, L. 1965; amd. Sec. 18, Ch. 157, L. 1977; R.C.M. 1947, 11-2007; amd. Sec. 4, Ch. 46, L. 1997; amd. Sec. 2, Ch. 429, L. 2003.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 23. Fire Protection in Unincorporated Places › 7-33-2314. Military exemption for firefighters

7-33-2314. Military exemption for firefighters.
The officers and members of regularly organized unpaid fire companies and exempt firefighters are entitled to exemption from military duty except in case of war, invasion, or insurrection.
History: En. Sec. 3233, Pol. C. 1895; re-en. Sec. 2077, Rev. C. 1907; re-en. Sec. 5144, R.C.M. 1921; re-en. Sec. 5144, R.C.M. 1935; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-2004(part); amd. Sec. 10, Ch. 379, L. 1983; amd. Sec. 34, Ch. 291, L. 2009.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 23. Fire Protection in Unincorporated Places › 7-33-2315. Certificate of membership in fire company

7-33-2315. Certificate of membership in fire company.
(1) A firefighter who has served 5 years in an organized company in this state is an exempt firefighter and must receive from the chief engineer of the department or company to which the firefighter belonged a certificate to that effect.
(2) (a) An active firefighter must have a certificate of that fact, signed by the chief of the fire department or the presiding officer of the company to which the firefighter belongs. The certificates must be countersigned by the secretary and over the seal of the company, if one is provided.
(b) If authorized by the bylaws of the company, in lieu of issuing certificates to exempt firefighters exempt certificates may be issued by the clerk and recorder of the county, over the clerk's official seal and signature, which entitles the holder to an exemption from military duty.
(3) Each certificate entitles the holder to an exemption from military duty. Each certificate is prima facie evidence of the facts stated in the certificate.
(4) The secretary of the fire department or company shall keep a record of each certificate of exemption or active membership, the date of the certificate and to whom issued, and, when a seal is not provided, similar entries of certificates issued to obtain certificates from the county clerk and recorder.
History: Ap. p. Sec. 3233, Pol. C. 1895; re-en. Sec. 2077, Rev. C. 1907; re-en. Sec. 5144, R.C.M. 1921; re-en. Sec. 5144, R.C.M. 1935; amd. Sec. 3, Ch. 489, L. 1977; Sec. 11-2004, R.C.M. 1947; Ap. p. Sec. 3234, Pol. C. 1895; re-en. Sec. 2078, Rev. C. 1907; re-en. Sec. 5145, R.C.M. 1921; re-en. Sec. 5145, R.C.M. 1935; amd. Sec. 3, Ch. 489, L. 1977; Sec. 11-2005, R.C.M. 1947; Ap. p. Sec. 3235, Pol. C. 1895; re-en. Sec. 2079, Rev. C. 1907; re-en. Sec. 5146, R.C.M. 1921; re-en. Sec. 5146, R.C.M. 1935; Sec. 11-2006, R.C.M. 1947; R.C.M. 1947, 11-2004(part), 11-2005, 11-2006(part); amd. Sec. 11, Ch. 379, L. 1983; amd. Sec. 725, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 23. Fire Protection in Unincorporated Places › 7-33-2316. Volunteer fire districts or companies -- fire departments -- not affected by city-county consolidation

7-33-2316. Volunteer fire districts or companies -- fire departments -- not affected by city-county consolidation.
(1) Notwithstanding any other provision of law, the adoption of a city-county consolidated local government has no effect on the existence of a volunteer fire department, a volunteer fire company, or a fire district created and legally in existence pursuant to the provisions of this part unless otherwise specifically provided by charter.
(2) A right or benefit of any member of a volunteer fire district, company, or department created pursuant to the provisions of this part in a retirement or pension plan or payments provided under Title 19, chapter 17, may not be abrogated by the adoption of a city-county consolidated local government unless otherwise specifically provided by charter.
History: En. Sec. 1, Ch. 193, L. 1979; amd. Sec. 3, Ch. 64, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 24. Fire Service Areas › 7-33-2401. Fire service area -- establishment -- alteration -- dissolution

7-33-2401. Fire service area -- establishment -- alteration -- dissolution.
(1) Upon receipt of a petition signed by at least 30 owners of real property in the proposed service area, or by a majority of the owners of real property if there are no more than 30 owners of real property in the proposed service area, the board of county commissioners may establish a fire service area within an unincorporated area not part of a rural fire district in the county to provide the services and equipment set forth in 7-33-2402.
(2) To establish a fire service area, the board shall:
(a) pass a resolution of intent to form the area, with public notice as provided in 7-1-2121;
(b) hold a public hearing no earlier than 30 or later than 90 days after passage of the resolution of intent;
(c) at the public hearing:
(i) accept written protests from property owners of the area of the proposed area; and
(ii) receive general protests and comments relating to the establishment of the fire service area and its boundaries, rates, kinds, types, or levels of service, or any other matter relating to the proposed fire service area; and
(d) pass a resolution creating the fire service area. The area is created effective 60 days after passage of the resolution unless by that date more than 50% of the property owners of the proposed fire service area protest its creation.
(3) Based on testimony received in the public hearing, the board in the resolution creating the fire service area may establish different boundaries, establish a different fee schedule than proposed, change the kinds, types, or levels of service, or change the manner in which the area will provide services to its residents.
(4) (a) The board of county commissioners may alter the boundaries or the kinds, types, or levels of service or dissolve a fire service area, using the procedures provided in subsection (2). The board of county commissioners shall alter the boundaries of a fire service area to exclude any area that is annexed by a city or town, using the procedures provided in subsection (2). Except as provided in 7-33-2120(2)(b), any existing indebtedness of a fire service area that is dissolved remains the responsibility of the owners of property within the area, and any assets remaining after all indebtedness has been satisfied must be returned to the owners of property within the area.
(b) A fire service area that consolidates with a rural fire district as provided in 7-33-2120 to form a new rural fire district is considered to be dissolved. A new fire service area formed by consolidating a rural fire district and a fire service area is subject to the provisions of this part.
History: En. Sec. 1, Ch. 351, L. 1987; amd. Sec. 1, Ch. 345, L. 1991; amd. Sec. 1, Ch. 508, L. 2003; amd. Sec. 24, Ch. 499, L. 2007; amd. Sec. 2, Ch. 356, L. 2015; amd. Sec. 2, Ch. 227, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 24. Fire Service Areas › 7-33-2402. Area services

7-33-2402. Area services.
(1) A fire service area created pursuant to 7-33-2401 may provide residents of the area with adequate and standard:
(a) (i) fire and emergency response equipment, personnel, facilities, and maintenance, for a fire service agency providing service to the area; or
(ii) fire protection by contracting for the services of a fire service agency; and
(b) emergency medical services and equipment, licensed by the department of public health and human services, and related personnel, facilities, and maintenance.
(2) A fire service area may, pursuant to 50-61-102, submit a fire code and a plan for enforcement to the department of justice in order to be certified for local enforcement. However, an appointed board of trustees of a fire service area shall obtain approval of the county commissioners prior to submitting a fire code and a plan of enforcement to the department of justice.
History: En. Sec. 2, Ch. 351, L. 1987; amd. Sec. 2, Ch. 345, L. 1991; amd. Sec. 1, Ch. 212, L. 1995; amd. Sec. 35, Ch. 418, L. 1995; amd. Sec. 33, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 24. Fire Service Areas › 7-33-2403. Operation of fire service area -- voted levy for volunteer firefighters' disability income insurance or workers' compensation coverage

7-33-2403. Operation of fire service area -- voted levy for volunteer firefighters' disability income insurance or workers' compensation coverage.
(1) Whenever the board of county commissioners has established a fire service area, the commissioners may:
(a) govern and manage the affairs of the area;
(b) appoint five qualified trustees to govern and manage the affairs of the area; or
(c) authorize the election of five qualified trustees to govern and manage the affairs of the area. The term of office and procedures for nomination and election are the same as those provided for election of rural fire district trustees in 7-33-2106.
(2) Subject to 15-10-425, the commissioners may levy a tax upon all property within the county for the purpose of buying disability income insurance coverage or workers' compensation coverage for volunteer firefighters deployed within the fire service area as provided in 7-6-621.
(3) If the commissioners appoint trustees under subsection (1), the provisions of 7-33-2105 apply and 7-33-2106 applies whether the trustees are elected or appointed, except that the trustees shall prepare annual budgets and request a schedule of rates for the budget.
History: En. Sec. 3, Ch. 351, L. 1987; amd. Sec. 2, Ch. 75, L. 1989; amd. Sec. 7, Ch. 254, L. 1999; amd. Sec. 4, Ch. 485, L. 2007; amd. Sec. 4, Ch. 255, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 24. Fire Service Areas › 7-33-2404. Financing of fire service area -- fee on structures -- fee on undeveloped land

7-33-2404. Financing of fire service area -- fee on structures -- fee on undeveloped land.
(1) In the resolution creating the fire service area and by resolution as necessary after creation of the fire service area, the board of county commissioners shall establish a schedule of rates to be charged to owners of structures and owners of undeveloped land that are benefited by the services offered by the fire service area.
(2) (a) The rates for structures must be applied on a fair and equal basis to all classes of structures benefited by the fire service area. The fee charged to owners of structures is intended to be primarily used for structural fire prevention and suppression.
(b) The rates for undeveloped land must be applied on a fair and equal basis to all classes of undeveloped land benefited by the fire service area. Undeveloped land does not include land located under structures subject to a fee under subsection (2)(a). The excluded land may not exceed 1 acre. The fee charged to owners of undeveloped land is intended to be primarily used for wildland fire prevention and suppression. The fee may not exceed 15 cents an acre up to a maximum of $250 for undeveloped land under single ownership. The fee may not be assessed on undeveloped land for which the owner pays a fee or tax to another public agency for wildland fire prevention and suppression.
(3) The board of county commissioners shall collect the funds necessary to operate the fire service area by charging the area rate as a special assessment on the owners of structures and undeveloped land and shall collect the assessments with the general taxes of the county. The assessments are a lien on the assessed property.
(4) The board of county commissioners or the trustees, if the fire service area is governed by trustees under 7-33-2403, may pledge the income of the fire service area to secure financing necessary to procure equipment and buildings to house the equipment. The outstanding amount of the indebtedness may not exceed 1.1% of the total assessed value of taxable property, determined as provided in 15-8-111, within the area, as ascertained by the last assessment for state and county taxes prior to the incurring of the indebtedness.
(5) If a fire service area is reduced or eliminated by annexation of all or a portion of the fire service area into a municipality, then the county commissioners or trustees of the fire service area shall notify the annexing municipality in order to prevent the property owners of the area to be annexed from assuming financial responsibility to both the municipality and the fire service area.
History: En. Sec. 4, Ch. 351, L. 1987; amd. Sec. 3, Ch. 75, L. 1989; amd. Sec. 3, Ch. 345, L. 1991; amd. Sec. 15, Ch. 459, L. 1997; amd. Sec. 25, Ch. 29, L. 2001; amd. Sec. 2, Ch. 508, L. 2003; amd. Sec. 1, Ch. 467, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 24. Fire Service Areas › 7-33-2405. Mutual aid agreements -- request if no agreement exists -- definitions

7-33-2405. Mutual aid agreements -- request if no agreement exists -- definitions.
(1) A mutual aid agreement is an agreement for protection against disasters, incidents, or emergencies.
(2) The governing body of a fire service area may enter mutual aid agreements with the proper authority of:
(a) other fire service areas;
(b) unincorporated municipalities;
(c) incorporated municipalities;
(d) state agencies;
(e) private fire prevention agencies;
(f) federal agencies;
(g) fire districts;
(h) governing bodies of other political subdivisions in Montana; and
(i) governing bodies of fire protection services, emergency medical care providers, and local government subdivisions of any other state or the United States pursuant to Title 10, chapter 3, part 11.
(3) If the governing body of a fire service area has not concluded a mutual aid agreement, the governing body, a representative of the governing body, or an incident commander may request assistance pursuant to 10-3-209.
(4) As used in this section, "incidents", "disasters", and "emergencies" have the meanings provided in 10-3-103.
History: En. Sec. 1, Ch. 149, L. 1993; amd. Sec. 5, Ch. 46, L. 1997; amd. Sec. 3, Ch. 292, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4101. Fire protection services

7-33-4101. Fire protection services.
(1) Every city and town shall provide for fire protection in a manner that is organized, managed, and controlled as provided in this chapter.
(2) (a) Except as provided in 7-33-4115(6), a first-class city or town shall provide fire protection services as provided in this part.
(b) A second-class city or town may provide fire protection services as provided in this part:
(i) through an interlocal agreement with another governmental fire protection provider under the provisions of Title 7, chapter 11, part 1;
(ii) through a contract with another fire protection provider; or
(iii) subject to 7-33-4115, annexing to a rural fire district established under Title 7, chapter 33, part 21.
(c) A third-class city or town may provide fire protection through a contract for fire protection services, consolidation of its fire department with another fire protection provider, or inclusion in a rural fire district as provided in Title 7, chapter 33, part 21.
History: En. Sec. 1, p. 73, L. 1899; re-en. Sec. 3326, Rev. C. 1907; re-en. Sec. 5109, R.C.M. 1921; re-en. Sec. 5109, R.C.M. 1935; amd. Sec. 1, Ch. 4, L. 1937; amd. Sec. 1, Ch. 97, L. 1947; amd. Sec. 1, Ch. 151, L. 1947; amd. Sec. 1, Ch. 73, L. 1949; amd. Sec. 3, Ch. 2, L. 1965; R.C.M. 1947, 11-1901(part); amd. Sec. 1, Ch. 96, L. 1997; amd. Sec. 9, Ch. 74, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4102. Applicability of part

7-33-4102. Applicability of part.
(1) The provisions of this part govern and control fire departments in every city or town organized under whatever form of municipal government except where this part is in conflict with the commission form of government provided for in part 42 of chapter 3.
(2) Whenever the provisions of this part conflict with the provisions of chapter 3, part 42, pertaining to the commission form of government, the provisions pertaining to the commission form of government prevail.
History: En. Sec. 1, p. 73, L. 1899; re-en. Sec. 3326, Rev. C. 1907; re-en. Sec. 5109, R.C.M. 1921; re-en. Sec. 5109, R.C.M. 1935; amd. Sec. 1, Ch. 4, L. 1937; amd. Sec. 1, Ch. 97, L. 1947; amd. Sec. 1, Ch. 151, L. 1947; amd. Sec. 1, Ch. 73, L. 1949; amd. Sec. 3, Ch. 2, L. 1965; R.C.M. 1947, 11-1901(part); amd. Sec. 12, Ch. 263, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4103. Composition of fire department

7-33-4103. Composition of fire department.
Such fire department, when established, may consist of one chief of the fire department and as many assistant chiefs of the fire department and such number of firefighters as the council or commission may from time to time provide and may also include a city electrician and as many assistant electricians as the council or commission may from time to time provide.
History: En. Sec. 2, p. 73, L. 1899; re-en. Sec. 3327, Rev. C. 1907; amd. Sec. 1, Ch. 46, L. 1911; re-en. Sec. 5110, R.C.M. 1921; re-en. Sec. 5110, R.C.M. 1935; amd. Sec. 2, Ch. 151, L. 1947; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-1902(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4104. Duties of chief and assistant chief of fire department

7-33-4104. Duties of chief and assistant chief of fire department.
(1) The chief of the fire department has sole command and control over all persons connected with the fire department of the city or town and has full power and authority over its organization, government, and discipline. The chief may establish disciplinary rules that the chief considers advisable, subject to the approval of the city or town council. The chief has charge of and is responsible for the engines and other apparatus and the property of the town or city furnished to the fire department and shall see that they are at all times ready for use in the extinguishing of fires.
(2) The assistant chief of the fire department shall aid the chief in the work of the department and in the chief's absence shall perform the chief's duties.
History: En. Sec. 6, p. 75, L. 1899; re-en. Sec. 3331, Rev. C. 1907; re-en. Sec. 5114, R.C.M. 1921; re-en. Sec. 5114, R.C.M. 1935; R.C.M. 1947, 11-1906; amd. Sec. 726, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4105. Appointment of chief engineer of fire department

7-33-4105. Appointment of chief engineer of fire department.
(1) The council of any city or town where there is no paid fire department may appoint a chief engineer of the fire department:
(a) to manage and control the fire engines and apparatus furnished by the city or town for the extinguishing and the prevention of fires;
(b) to superintend and direct all fire companies; and
(c) to examine and inspect all buildings, chimneys, flues, and boilers and other things within the city or town and require the same to be put in a safe condition or removed if liable to cause fire.
(2) In case a paid fire department is established in any city or town, the council may by ordinance provide for the maintenance of the same and the employment of the officers and employees thereof.
History: En. Sec. 4816, Pol. C. 1895; re-en. Sec. 3325, Rev. C. 1907; re-en. Sec. 5140, R.C.M. 1921, re-en. Sec. 5140, R.C.M. 1935; R.C.M. 1947, 11-1940.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4106. Appointment of firefighters

7-33-4106. Appointment of firefighters.
The mayor or manager shall nominate and, with the consent of the council or commission, appoint the chief of the fire department, the assistant chief or chiefs of the fire department, and all firefighters.
History: En. Sec. 2, p. 73, L. 1899; re-en. Sec. 3327, Rev. C. 1907; amd. Sec. 1, Ch. 46, L. 1911; re-en. Sec. 5110, R.C.M. 1921; re-en. Sec. 5110, R.C.M. 1935; amd. Sec. 2, Ch. 151, L. 1947; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, 11-1902(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4107. Qualifications of firefighters

7-33-4107. Qualifications of firefighters.
The state of Montana determines that qualifications for the firefighting profession must recognize the rigorous physical demands placed on firefighters and the expectation of many years of emergency service. To qualify as a firefighter, an applicant:
(1) must be a citizen or lawful permanent resident of the United States;
(2) must be at least 18 years of age;
(3) must be a high school graduate or have been issued a high school equivalency diploma by the superintendent of public instruction or by an appropriate issuing agency of another state or of the federal government;
(4) must possess or be eligible for a valid Montana driver's license;
(5) shall pass a physical examination by a qualified physician, physician assistant, or advanced practice registered nurse, who is not the applicant's personal physician, physician assistant, or advanced practice registered nurse, appointed by the employing authority to determine if the applicant is free from any mental or physical condition that might adversely affect the applicant's performance of the duties of a firefighter, including requirements described in 7-33-1902;
(6) must be fingerprinted and a search must be made of the local, state, and national fingerprint files to disclose any criminal record; and
(7) may not have been convicted of a crime for which the applicant could have been imprisoned in a federal or state penitentiary.
History: En. Sec. 5, p. 74, L. 1899; re-en. Sec. 3330, Rev. C. 1907; re-en. Sec. 5113, R.C.M. 1921; re-en. Sec. 5113, R.C.M. 1935; amd. Sec. 1, Ch. 29, L. 1955; amd. Sec. 1, Ch. 217, L. 1969; R.C.M. 1947, 11-1905(part); amd. Sec. 1, Ch. 82, L. 1981; amd. Sec. 1, Ch. 169, L. 2011; amd. Sec. 5, Ch. 55, L. 2015; amd. Sec. 1, Ch. 291, L. 2019; amd. Sec. 5, Ch. 310, L. 2019.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4108. Physical examination

7-33-4108. Physical examination.
The examination required by 7-33-4107(5) must be in writing, and a written determination of the examination must be filed with the city or town clerk. The determination of the examination must disclose the ability of the applicant to perform the physical work usually required of firefighters in the performance of their duty.
History: En. Sec. 5, p. 74, L. 1899; re-en. Sec. 3330, Rev. C. 1907; re-en. Sec. 5113, R.C.M. 1921; re-en. Sec. 5113, R.C.M. 1935; amd. Sec. 1, Ch. 29, L. 1955; amd. Sec. 1, Ch. 217, L. 1969; R.C.M. 1947, 11-1905(part); amd. Sec. 2, Ch. 169, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4109. Supplementary volunteer fire department authorized for cities of second class -- voted levy for volunteer firefighters' disability income insurance or workers' compensation coverage

7-33-4109. Supplementary volunteer fire department authorized for cities of second class -- voted levy for volunteer firefighters' disability income insurance or workers' compensation coverage.
(1) In addition to a paid department, the city council, city commission, or other governing body in cities of the second class may make provision for a volunteer fire department.
(2) The city commission or governing department is exempted from compliance with 7-33-4128 to the extent that section applies to the volunteer fire department by way of penalties and infringements.
(3) A volunteer is an enrolled member of the volunteer fire department, assists the paid fire department, and is eligible to serve only on the board of trustees of the fire department relief association of the city. However, not more than three volunteer members may be on the board of trustees. A person who is a volunteer for the purposes of this section is not entitled to receive a service pension.
(4) The governing body of the city may:
(a) pay an enrolled volunteer firefighter a minimum of $1 for attending a fire and a minimum of $1 for each hour or fraction of an hour after the first hour in active service at a fire or returning equipment to its proper place;
(b) subject to 15-10-425, levy a tax upon all property within a fire district for the purpose of buying disability income insurance coverage or workers' compensation coverage for the volunteer firefighters of the volunteer fire department as provided in 7-6-621.
(5) In attending fires, any volunteer shall act and serve under the supervision of the chief of the paid fire department.
History: (1) thru (4)En. Sec. 3, Ch. 136, L. 1939; amd. Sec. 3, Ch. 489, L. 1977; Sec. 11-1936, R.C.M. 1947; (5)En. Sec. 4, Ch. 136, L. 1939; Sec. 11-1937, R.C.M. 1947; R.C.M. 1947, 11-1936, 11-1937; amd. Sec. 4, Ch. 375, L. 1983; amd. Sec. 5, Ch. 485, L. 2007; amd. Sec. 5, Ch. 255, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 33. Fire Protection › Part 41. Municipal Fire Departments › 7-33-4110. Volunteer companies not affected

7-33-4110. Volunteer companies not affected.
Nothing contained in 7-33-4101 through 7-33-4104, 7-33-4106 through 7-33-4108, 7-33-4112, 7-33-4113, 7-33-4122 through 7-33-4125, and 7-33-4127 shall be held or construed to affect any fire organization known as a volunteer fire company.
History: En. Sec. 10, p. 76, L. 1899; re-en. Sec. 3333, Rev. C. 1907; re-en. Sec. 5116, R.C.M. 1921; re-en. Sec. 5116, R.C.M. 1935; R.C.M. 1947, 11-1908(part).