65-06 Volunteer Firemen
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<![CDATA[CHAPTER 65-06VOLUNTEER FIREMEN65-06-01.Volunteer firefighter, emergency or disaster volunteer, communityemergency response team member, in training defined.The term "volunteer firefighter"means any active member of an organized volunteer fire department of this state and any other<br>individual performing services as a volunteer firefighter for a municipality at the request of the<br>chief or other individual in command of the fire department of that municipality or of any other<br>officer of that municipality having authority to demand service as a firefighter. Firefighters who<br>are paid a regular wage or stipend by the municipality for serving as a firefighter, or whose entire<br>time is devoted to service as a firefighter for the municipality, for the purpose of this chapter, are<br>not volunteer firefighters.The term "emergency or disaster volunteer" means any individual serving withoutremuneration who is actively engaged in training to qualify as a disaster emergency worker or is<br>responding to a hazard, emergency disaster, or enemy attack on this country, and who is<br>registered with the disaster emergency organization of a municipality, which has been officially<br>recognized by the director of the state division of homeland security.The term "in training" means only those periods of time, during which an emergency ordisaster volunteer is receiving instruction, or is engaged in exercises or operations, in preparation<br>for qualification as a disaster emergency worker in the event of a hazard, emergency, disaster, or<br>enemy attack on this country.The term "community emergency response team member" means an individualregistered as a community emergency response team member with the appropriate authority.<br>For purposes of this chapter, a community emergency response team member is acting as a<br>community emergency response team member only when the individual is receiving approved<br>community emergency response team training or is acting as a member of a community<br>emergency response team in an emergency or disaster.Upon request of the organization, the disaster emergency organization of a municipalityshall provide the organization with its roster of registered community emergency response team<br>members.The term "municipality" when used in reference to emergency or disaster volunteermeans the state, cities, counties, municipalities, districts, or any other geographical entity of this<br>state. This definition is not in any way intended to alter any interpretation or ruling in regard to<br>the use of the term municipality when used in reference to volunteer firefighters.65-06-02. Volunteer firefighter, emergency or disaster volunteer, and communityemergency response team member declared employees - Covered by workforce safety<br>and insurance - Termination. Volunteer firefighters, emergency or disaster volunteers, and<br>community emergency response team members are employees of the municipalities which they<br>serve and are entitled to the same protection and rights under the provisions of this title as are<br>full-time paid employees of those municipalities.65-06-02.1.Uniform Emergency Volunteer Health Practitioners Act - Healthpractitioners. A volunteer health practitioner under subsection 2 of section 37-17.4-11 is eligible<br>for benefits as provided under this chapter.65-06-03. Compensation benefits - How determined. The basis of compensation andbenefits to be paid to a volunteer firefighter, an emergency or disaster volunteer, or a community<br>emergency response team member under the terms of this chapter shall be determined in<br>accordance with the provisions of section 65-05-09; provided, however, that the weekly wage of<br>the claimant shall be determined from a computation of income derived from the claimant's<br>business or employment.Page No. 165-06-04.Assessment of premiums.For the purpose of making assessments ofpremiums to be charged against municipalities for protection of volunteer firefighters, emergency<br>or disaster volunteers, and community emergency response team members, the organization<br>shall make such survey as may seem advisable to ascertain the probable annual expenditures<br>necessary to be paid out of the fund to carry out the provisions of this chapter, and shall fix the<br>annual charges and assessments which shall be made against municipalities employing<br>volunteer firefighters, emergency or disaster volunteers, and community emergency response<br>team members. Such charge shall be a fixed sum for each one hundred of the population of the<br>municipality involved, the same to be uniform as to all such municipalities but in proportion to the<br>population thereof. In determining the amount of premium charge, the organization may apply<br>the system of experience rating provided in this title, as applied to other risks. The organization<br>may also establish a minimum charge or assessment to be applicable to municipalities where the<br>fixed rate or charge multiplied by the number of hundreds of the population thereof would amount<br>to less than the amount of such minimum charge or assessment.The population of amunicipality shall be that shown by the latest official North Dakota state or United States<br>government census, whichever may be the later.65-06-05. Reimbursement by state for liability in excess of premiums collected.Whenever liability on claims against the fund credited to the classification of emergency or<br>disaster volunteers and trainees or volunteer health practitioners as defined under chapter<br>37-17.4 exceeds the amount of premiums paid into the fund, such excess liabilities are a general<br>obligation of the state of North Dakota and must be reimbursed to the organization for credit to<br>the workforce safety and insurance fund by legislative appropriation.Page No. 2Document Outlinechapter 65-06 volunteer firemen]]>