§ 20-22-901 — Duty to respond to fires

(a) (1) (A) Upon receipt of a report of an uncontrolled fire or a 911 or other emergency call reporting a fire, it shall be the duty of volunteer fire departments operating within the State of Arkansas to respond to, attempt to control, and put out all fires occurring within their respective districts involving any real or personal property, whether or not that property is owned by members of the fire district. (B) The volunteer fire department may seek payment or reimbursement from a member or nonmember of the fire district for one hundred percent (100%) of the expendable resources the volunteer fire department used to respond to an accident under subdivision (a)(1)(A) of this section if the accident involved personal property only. (2) However, unless the following circumstances exist, the volunteer fire department shall have no duty or authority to respond to or attempt to control and put out any fire that occurs on forest lands, cut-over lands, brush lands, or grasslands owned by a nonmember: (A) The fire poses an immediate threat to life of any person; (B) There is a written agreement between a nonmember owner of the real or personal property and the volunteer fire department requiring the fire department to respond; (C) The fire is in violation of a countywide fire ban; or (D) The fire poses an immediate threat to the real or personal property owned by a member of the district. (b) (1) (A) If the property is owned by a nonmember of the fire district, the volunteer fire department may recover from the nonmember property owner the reasonable value of its services. (B) Recovery under subdivision (b)(1)(A) of this section shall not exceed the fair market value of the services rendered. (2) (A) A claim for services in responding to a fire or accident involving only personal property shall be allowed only for personal property of nonmembers. (B) The claimed amount under subdivision (b)(2)(A) of this section shall not exceed one thousand dollars ($1,000). (C) (i) A claim under subdivision (b)(2)(A) of this section 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 under this subdivision (b)(2). (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.

Legislative History

Amended by Act 2013, No. 1345,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 1345,§ 2, eff. 8/16/2013. Acts 1987, No. 836, § 1; 1997, No. 1150, § 1; 2003, No. 655, § 1; 2007, No. 581, § 1; 2009, No. 952, § 6; 2009, No. 1482, § 1.