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

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

In case any person serving in the capacity ofvolunteer personnel for the fire station, including a volunteer officer orfirefighter, sustains any injury or dies as a result of any accident arisingout of and in the course of training, or the performance of duty for such firestation, the person shall be entitled to the benefits provided for volunteerpersonnel in part V of chapter 386, and be considered to be an employee of thecounty for the purpose of obtaining compensation benefits under chapter 386. Compensation benefits shall be determined upon the basis of average weeklywages computed as set forth in section 386-51, and upon the basis of earningsfrom the usual employment of the person, or upon the basis of earnings at therate of $18 per week, whichever is most favorable to the claimant orclaimants.  The director of labor and industrial relations shall administer theprovisions hereof in accordance with section 386-172.

Any provision to the contrary notwithstanding,volunteer personnel, including officers and firefighters, shall be entitled tosubsistence 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 forcounties to rely upon to secure firefighting services from volunteers who arenot civil servants; its literal provisions can be given effect only if terms"other law" or "state statute" used in §§76-16(17) and76-77(10) are construed liberally.  Att. Gen. Op. 97-6.