[§46-13.1]  Volunteer fire stations. 
The council of the several counties may establish and maintain one or more
volunteer fire stations in any area or areas of the county as it may determine
to be necessary to provide adequate fire protection.  All necessary facilities
and equipment for the volunteer fire stations may be furnished by the county. 
The officers, firefighters or other personnel necessary for the operation or
maintenance of these stations shall be selected and appointed by the fire chief
partially or entirely on a voluntary noncompensatory basis and except as
otherwise provided in this section.  All volunteer personnel for any volunteer
fire station shall serve at the pleasure of the fire chief.



The fire chief of the county shall have full authority
and control over all volunteer fire stations, their equipment, apparatus,
officers, firefighters, and personnel, and the fire chief may designate a
suitable person to be in charge of any volunteer fire station.  Suitable
instructors may be assigned from time to time by the fire chief to such fire
stations for the training of volunteer firefighters and personnel.



In case any person serving in the capacity of
volunteer personnel for the fire station, including a volunteer officer or
firefighter, sustains any injury or dies as a result of any accident arising
out of and in the course of training, or the performance of duty for such fire
station, the person shall be entitled to the benefits provided for volunteer
personnel in part V of chapter 386, and be considered to be an employee of the
county for the purpose of obtaining compensation benefits under chapter 386. 
Compensation benefits shall be determined upon the basis of average weekly
wages computed as set forth in section 386-51, and upon the basis of earnings
from the usual employment of the person, or upon the basis of earnings at the
rate of $18 per week, whichever is most favorable to the claimant or
claimants.  The director of labor and industrial relations shall administer the
provisions hereof in accordance with section 386-172.



Any provision to the contrary notwithstanding,
volunteer personnel, including officers and firefighters, shall be entitled to
subsistence in amounts deemed proper by the council of the respective counties.
[L 1973, c 162, §1; am L 1983, c 124, §15; gen ch 1985]



 



Attorney General Opinions



 



  Section establishes a comprehensive statutory scheme for
counties to rely upon to secure firefighting services from volunteers who are
not civil servants; its literal provisions can be given effect only if terms
"other law" or "state statute" used in §§76-16(17) and
76-77(10) are construed liberally.  Att. Gen. Op. 97-6.