North Carolina § 58-84-5 - Definitions.

§ 58-84-5. Definitions.

The following definitions apply in Articles 84, 85, 85A, 87, and 88 of this Chapter: City. - A fire district. Clerk. - The clerk of a fire district or, if there is no clerk, the person so designated by the governing body of the fire district. Fire district. - Any political subdivision of the State or federally recognized Native American tribe within the State that meets all of the following conditions: It has an organized fire department under the control of its governing body. Its fire department has apparatus and equipment that is in serviceable condition for fire duty and is valued at one thousand dollars ($1,000) or more. It is rated and certified by the Commissioner. Its response area has been approved by the local municipal government or, if there is no local municipal government, by the local board of county commissioners. Firefighter. - Any person who meets all of the following requirements: Is a volunteer, employee, contractor, or member of a rated and certified fire department, or employee of a County Fire Marshal's Office whose sole duty is to act as fire marshal, deputy fire marshal, assistant fire marshal, or firefighter of the county. Performs work or training connected with fire protection, fire prevention, fire control, fire education, fire inspection, fire investigation, rescue, Emergency Medical Services, special operations, or performs the statutory duties and responsibilities of the fire chief as set forth in G.S. 160A-292. Performs work or training at the direction of the fire chief. Is included on the certified roster submitted to the North Carolina State Firefighters' Association pursuant to G.S. 58-86-25. Town. - A fire district. History (1951, c. 1032, s. 1; 1995 (Reg. Sess., 1996), c. 747, s. 5; 2014-64, s. 1(a); 2015-88, s. 1; 2016-51, ss. 1, 6.) Editor's Note. - Session Laws 1995 (Reg. Sess., 1996), c. 747, s. 16, provides: "This act does not obligate the General Assembly to appropriate funds." Session Laws 2016-51, s. 6, provides: "Chapter 251 of the Private Laws of 1889 is hereby amended by replacing the words "North Carolina State Firemen's Association" with the words "North Carolina State Firefighters' Association." "The entity formerly known as the North Carolina State Firemen's Association, and now known as the North Carolina State Firefighters' Association, is hereby authorized to amend its corporate documents to conform them to the association's new name by an appropriate filing with the Secretary of State. "The Revisor of Statutes is hereby authorized to replace any occurrences in the General Statutes of the words 'North Carolina State Firemen's Association,' 'North Carolina Firemen's Association,' 'State Firemen's Association,' or any reasonable derivative thereof, with the words 'North Carolina State Firefighters' Association,' including the following sections of the General Statutes: G.S. 58-2-121 , 58-78-1, 58-80-5, 58-80-25, 58-80-60, 58-84-5, 58-84-25, 58-84-33, 58-84-35, 58-84-40, 58-84-41, 58-84-46, 58-84-50, 58-84-52, 58-85-1, 58-85-10, 58-85-20, 58-85-25, 58-85-30, 58-85-35, 58-86-25, 58-87-10, 135-27, 143-136, 143B-1401, 166A-26, and 166A-69." Session Laws 2016-78, s. 2.3, provides: "The Office of State Fire Marshal, Department of Insurance, shall study, in consultation with the North Carolina State Firemen's Association, the North Carolina Association of Fire Chiefs, the North Carolina Association of Rescue and Emergency Medical Services, the North Carolina League of Municipalities, and the North Carolina Association of County Commissioners, and make recommendations regarding the issue of declining recruitment and retention of volunteer firefighters in North Carolina to the General Assembly on or before the convening of the 2018 Legislative Session. The recommendations shall include at least the following: "(1) Assessment of existing programs, initiatives, and efforts to increase the number of volunteer firefighters protecting their communities across the State. "(2) Assessment of other states' programs, initiatives, and efforts to increase the number of volunteer firefighters protecting their communities. "(3) Consideration of financial incentive programs that may be offered to encourage increased volunteer firefighter participation rates, including tax incentives, rebates, or other initiatives. "(4) The impact of current programs and viability of expansion of high school based programs providing firefighter training statewide. "(5) Other issues, initiatives, or matters deemed relevant to consideration of and action on this issue by the Office of State Fire Marshall and its collaborators. "(6) Recommendations for legislative action, if any, to address the issue of recruitment and retention of volunteer firefighters statewide." Effect of Amendments. - Session Laws 2014-64, s. 1(a), effective July 1, 2014, rewrote subdivision (3)c, which read "It enforces the fire laws to the satisfaction of the Commissioner"; and added subdivision (3)d. Session Laws 2015-88, s. 1, effective July 1, 2015, substituted "Articles 84, 85, 85A, 87, and 88" for "Articles 84 through 88" in the introductory paragraph; inserted "or federally recognized Native American tribe within the State" in the introductory paragraph of subdivision (3); and added subdivision (3a). Session Laws 2016-51, ss. 1 and 6, effective July 1, 2016, substituted the subsection heading "Firefighter" for "Firefighter or Fireman" in subsection (3a); and substituted "department, or employee of a County Fire Marshal's Office whose sole duty is to act as fire marshal, deputy fire marshal, assistant fire marshal, or firefighter of the county" for "department" at the end of subdivision (3a)(a); and substituted "North Carolina State Firefighters' Association" for "North Carolina State Firemen's Association' in subdivision (3a)d.