1. (1) Upon recommendation of a county fire association, the Alabama Forestry Commission may decertify a volunteer fire department at any time based on any of the following grounds:

   1. (a) The department ceases for any reason to be incorporated as a nonprofit entity or be operated under authority of a municipality, fire district, or other legal subdivision;
   2. (b) The department has fewer than four members for a period lasting longer than six months;
   3. (c) The overall membership of the department has at any time less than 80 percent unsalaried membership;
   4. (d) The department lacks any of the fire fighting apparatus, equipment, or facilities specified in Code of Ala. 1975, §9-3-17(a)(3) for a period lasting longer than six months;
   5. (e) The county fire association ceases for any reason to recognize a clearly defined coverage area for which the department serves as the primary fire protection provider;
   6. (f) The department ceases for any reason to actively respond to fires and other emergencies for a period lasting longer than six months;
   7. (g) The department fails to conduct or document regularly scheduled meetings, drill, and training sessions for a period lasting longer than six months; or
   8. (h) The department fails to provide monthly emergency response reports to the Alabama Forestry Commission.
2. (2) A recommendation to decertify a volunteer fire department can only be made upon a majority vote of the county fire association, conducted in a regularly scheduled meeting and in compliance with all the bylaws of said county fire association.

Author: Scott L. Rouse

Statutory Authority: Code of Ala. 1975, §9-3-17(e).

History: New Rule: Filed May 26, 2017; effective July 10, 2017.