§ 14-53-113 — Residency requirement - Definition

(a) (1) As used in this section, "firefighter" means a full-time, paid member of a municipal fire department who is employed by the municipality and whose primary duty is fighting fires. (2) "Firefighter" does not include the chief or head of the fire department. (b) A residency requirement for a municipal fire department may be established by ordinance or resolution for firefighters or persons applying to be a firefighter only if the municipal fire department: (1) Uses full-time, paid firefighters and volunteer firefighters; (2) Is a volunteer fire department; or (3) Uses part-time paid firefighters and firefighters who are paid an appearance fee. (c) A residency requirement that is enacted under subsection (b) of this section shall not affect the residency or employment status of a firefighter who is employed with the municipal fire department at the time the residency requirement is adopted. (d) For the purpose of hiring, a municipal fire department may give preference to a person applying to be a firefighter who is a resident of the state or a county adjacent to the county in which the municipal fire department is located. (e) This section does not affect a municipal fire department's policies concerning: (1) The use of a vehicle owned by the municipal fire department by a firefighter who is not on duty; or (2) Firefighters who, based on their assignment, are required to respond to an emergency or call out within a specific time period.

Legislative History

Added by Act 2023, No. 487,§ 1, eff. 8/1/2023.