Section 45-48-142.22 Plan; Existing and New Voluntary Fire Districts.
This provision sets out how volunteer fire districts may be created, approved, annexed, and overseen in Marshall County.
(a) The Marshall County Commission shall request the Marshall County Association of Fire Departments and Rescue Squads to develop a plan that defines the requirements of a district, monitors its performance and adherence to requirements, and provides for dissolution of the volunteer fire district. (b) Existing volunteer fire departments with their respective geographic service coverage area as defined by Marshall County E911 on May 22, 2013, may be established as a fire district pursuant to this subpart. The volunteer fire department shall be certified by the Alabama Forestry Commission, Section 9-3-17, and an existing member of the Marshall County Association of Fire Departments and Rescue Squads. The requesting volunteer fire department shall submit a request to the Marshall County Association of Fire Departments and Rescue Squads (association), which shall review and verify the requested information pursuant to the association’s qualification plan and then submit a recommendation to the Marshall County Commission for the final decision of approval for a fire district. (c) New volunteer fire districts may be formed in accordance with requirements defined by Section 9-3-17; the Marshall County Association of Fire Departments and Rescue Squads plan provided for pursuant to this subpart; and Part 8, commencing with Section 45-48-247 of Article 24 of this chapter; and approval by the county commission. (d)(1) The qualified electors of a municipality, township, or other articulable geographic area in the county may file a petition, signed by at least five percent of the number of qualified electors therein who voted in the last general election, with the county commission requesting the area to be annexed into an adjacent, existing voluntary fire district. (2) The commission may hold a hearing on the petition to allow individuals who live in the area to comment before the county commission votes on the approval of the annexation. (3) If the existing service coverage area is subject to a fire protection service fee pursuant to Sections 45-48-142.23 and 45-48-142.24, the following procedures shall apply: a. The county commission is required to hold the hearing under subdivision (2). b. The county commission must notify all individuals who will be subject to the fee regarding the hearing and the possibility of annexation. c. If the county commission approves the annexation, the fee shall be applied to the entirety of the municipality, township, or other articulable geographic area.