Tennessee § 5-17-102 - Powers and duties.

§ 5-17-102. Powers and duties.

With the specific exceptions relating to metropolitan governments provided for in this section, the county-wide fire department is empowered to do all things necessary to provide coordinated fire protection to all areas of the county, including, but not limited to: Sue and be sued; Take or acquire real or personal property of every kind, or any interest therein, within the county, by grant, purchase, gift, devise or lease, and hold, manage, occupy, dispose of, convey and encumber the same and create a leasehold interest in the same for the benefit of the county; Exercise the right of eminent domain, but only with the consent of the county legislative body or other governing body; Establish, equip, operate and maintain a county-wide fire department and establish and enforce regulations including, but not limited to, those for the administration, operation and maintenance thereof; Appoint and employ necessary employees and define their qualifications, duties and responsibilities, and provide for payment in reasonable sums for such duties; Employ counsel; Enter into and perform all necessary contracts, including, but not limited to: Contracts for the supply of water where necessary for fire protection; Contract to have existing fire departments and others provide fire protection services in any area of the county, including, but not limited to: Contracts with incorporated towns and utility districts to provide such service within or without their corporate limits; Contracts to provide fire protection services for any city, town, district, or any part thereof within the county; Contracts to provide and be provided training and maintenance; Contracts to provide and be provided all special service functions, such as arson investigation, inspection, and emergency ambulance and rescue services; Provide and maintain all special service functions necessary for the prevention of fires, including the investigation of the cause of fires and the enforcement of regulations to prevent harmful fires and smoke; Provide and maintain an emergency ambulance, first aid and rescue service; Make regulations, in order to prevent harmful fires and smoke, that shall have the force of law when approved by the county legislative body or other governing body; Give aid anywhere in the county in the event of fire, flood or other disaster; Assist local and volunteer fire departments whenever necessary. Such assistance includes, but is not limited to, financial aid and shall be upon such terms as agreed to by both parties; Provide training and maintenance services for the benefit of any fire department; Set up a central communications network connecting all fire and emergency units in the county; Train, equip, maintain, and provide for the payment of volunteers at the discretion of the county-wide fire department; Recommend the boundaries of fire and emergency services tax district or districts to the county legislative body or other governing body, in those counties that have chosen to fund fire departments through fire and emergency services tax districts, in order to have the fire and emergency services taxes more nearly reflect the cost of services to be rendered in each area of the county, and recommend the amount to be spent in each such district; Make reasonable charges for any services rendered that are not included in the fire and emergency services tax of the district; and With the approval of the county legislative body or other governing body, make written agreements for allocation and conveyance of any or all public functions, rights, duties, property, assets and liabilities of the county-wide fire department to any annexing municipality that justice or reason may require in the circumstances. In those counties that now have or may hereafter have a metropolitan form of government, the powers described in subdivisions (a)(1)-(3), (5), (6) and (9) shall not be vested in the county-wide fire department, but shall be vested in the metropolitan government, to be exercised in the manner provided by its charter. Acts 1965, ch. 138, § 2; 1968, ch. 611, §§ 2, 3; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1702; Acts 1999, ch. 125, § 2; 2012, ch. 771, § 1. Compiler's Notes. Acts 2012, ch. 771, § 2 provided that any county which, prior to April 19, 2012, has created a fire tax district or imposed a fire tax pursuant to this part is not required, but is authorized, to adopt a resolution to rename the district or the tax to be designated as the fire and emergency services tax district or the fire and emergency services tax; provided, that such district shall hereafter be known and cited as the fire and emergency services tax district and the tax shall be known and cited as the fire and emergency services tax. Attorney General Opinions. Contract between county-wide fire department and nonprofit fire service. OAG 10-119, 2010 Tenn. AG LEXIS 125 (12/28/10).