14-53-102. Firefighting beyond municipal limits.

14-53-102. Firefighting beyond municipal limits. (a)(1) In order to prevent the destruction by fire of property located outside the corporate limits of cities and towns and in order to lessen the loss caused on account of insufficient means to combat fires and as a protection against such loss, the city council or other governing body of any city or town having an organized fire department may provide by ordinance that the firefighting machinery and equipment, with the necessary firefighters to operate it, may be used to combat fires beyond the corporate limits of any city or town, upon such terms, conditions, and restrictions as may be prescribed in the ordinance. (2)(A) If the city council or other governing body of any city or town enacts an ordinance to provide that its fire department may operate beyond its corporate limits, then the governing body of the city or town may further provide that necessary facilities may be built or constructed outside the corporate limits to house the firefighting machinery, equipment, and the firefighters in order to properly combat fires beyond the corporate limits, but only if: (i) There are no active fire protection services offered in the area beyond the corporate limits of the city or town where the facilities are to be constructed; and (ii) The county quorum court approves of the construction of the firefighting facilities by a county ordinance. (B) However, a city or town may construct necessary facilities to house the firefighting equipment in areas where fire protection services currently exist if, in addition to the requirement of subdivision (a)(2)(A) of this section, the construction is approved by a unanimous vote of the board of directors of the fire department serving that area outside the corporate limits. (b)(1)(A) When the organized fire department of a city or town combats a fire beyond the corporate limits of the city or town, a reasonable effort shall be made for ninety (90) days to obtain compensation or reimbursement for the services from the property owner involved. (B) If the city or town is unable to obtain payment or reimbursement from the property owner for the services within the ninety-day period, the county wherein the property is located may reimburse the municipality for the service in an amount not to exceed two hundred dollars ($200). (C)(i) A claim under this subsection 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. (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. (2) The city or town may seek payment or reimbursement from the property owner involved or the county after the ninety-day period for one hundred percent (100%) of the expendable resources the city or town used to respond to an accident if the accident involved personal property only. (c)(1) Neither the municipality nor any municipal official or fire department official or employee involved in combatting the fire shall be liable for any damages or loss that occurs while the department is combatting the fire outside the corporate limits of the city or town. (2) The firefighters shall have the same coverage as they now have if they are injured while outside the city limits. (d) All members of the fire department of any city or town when engaged in fighting fire beyond the corporate limits of the city or town under the terms of any ordinance as authorized in this section shall be considered to be acting within their line of duty and in discharge thereof. No member of the department shall lose or forfeit any right or benefit in rank, pay, disability, or retirement payments and benefits on account of out-of-city or out-of-town activities.