Title 7, Title 7

(1) If a municipality annexes property from a rural fire district, the annexed property is liable for any bonded debt of the rural fire district or for secured debt incurred by the district for the purchase of real or personal property existing as of the date the annexation proce…

Fire districts may be divided as provided in 7-33-2142 through 7-33-2144.

(1) (a) A fire district's board of trustees may vote to divide the district upon an affirmative vote of the board and upon receipt of a petition signed by the owners of 40% or more of the real property within the area proposed to be detracted from the original district and owners…

The petition must be granted and the original districts must be divided into separate districts unless at the time of the hearing on the petition protests are presented by the owners of 40% or more of the real property in the entire original district and owners of property repres…

(1) Upon the division of districts, the assets and liabilities of the original rural fire district must be distributed in accordance with the division plan as provided in 7-33-2142. (2) Any detracted area is liable for any existing warrant and bonded indebtedness of the original …

For the purpose of protection and conservation of range, farm, and forest resources and of the prevention of soil erosion, the county governing body may perform the functions provided in this part.

(1) The county governing body, with respect to rural fire control, shall carry out the specific authorities and duties imposed in this section. (2) The governing body shall: (a) provide for the organization of volunteer rural fire control crews; and (b) provide for the formation …

The county rural fire chief may be a regular county officer or other person who in the opinion of the board is the best qualified to perform the duties of this office and who is not entitled to additional compensation for the duties hereby imposed.

(1) (a) Subject to the provisions of Title 76, chapter 13, part 1, the county governing body may in its discretion establish controlled burning seasons annually, during which, subject to 76-13-121, a person may not ignite or set a fire, including a slash-burning fire, land-cleari…

A person who ignites or sets a fire, including a slash-burning fire, land-clearing fire, debris-burning fire, or open fire on any residential or commercial property, forest, range, or cropland subject to the provisions of this part without first having obtained a written permit o…

(1) Any county rural fire chief, district rural fire chief or deputy, or fire service area or fire company fire chief or deputy may enter private property or direct the entry of fire control crews for the purpose of suppressing fires. (2) A chief or deputy and the county, rural d…

(1) The county governing body may appropriate funds for the purchase, care, and maintenance of firefighting equipment or for the payment of wages in prevention, detection, and suppression of fires. (2) Subject to 15-10-420, if the general fund is budgeted to the full limit, the c…

A county that has not entered into a cooperative or other written agreement with the state for wildland fire protection shall reimburse the state for costs incurred by the state in connection with state fire suppression activities resulting from a wildland fire emergency on land …

The levy authorized by this part may not be assessed against properties located within the incorporated boundaries of a city or town.

(1) A board of county commissioners may designate areas on private land or on land that is not under the jurisdiction of a municipality or a state or federal agency as high fire hazard areas. (2) Except as provided in 87-3-106(2), in designated high fire hazard areas, the board m…

(1) A county governing body may appoint a county firewarden. (2) A county firewarden appointed under this section shall demonstrate knowledge in local, state, and federal wildland fire policy and wildland fire suppression. (3) A county firewarden shall act as a liaison between lo…

(1) Fire companies in unincorporated towns and villages are organized by filing with the county clerk of the county in which they are located a certificate in writing, signed by the presiding officer and secretary, providing the date of organization, name, officers, and roll of a…

(1) A fire company organized pursuant to 7-33-2311 shall choose or elect a presiding officer, a secretary, and a treasurer and may establish and adopt bylaws and regulations and impose penalties, not exceeding $5 or expulsion, for each offense. (2) A regularly organized fire depa…

The officers and members of regularly organized unpaid fire companies and exempt firefighters are entitled to exemption from military duty except in case of war, invasion, or insurrection.

(1) A firefighter who has served 5 years in an organized company in this state is an exempt firefighter and must receive from the chief engineer of the department or company to which the firefighter belonged a certificate to that effect. (2) (a) An active firefighter must have a …

(1) Notwithstanding any other provision of law, the adoption of a city-county consolidated local government has no effect on the existence of a volunteer fire department, a volunteer fire company, or a fire district created and legally in existence pursuant to the provisions of t…

(1) Upon receipt of a petition signed by at least 30 owners of real property in the proposed service area, or by a majority of the owners of real property if there are no more than 30 owners of real property in the proposed service area, the board of county commissioners may esta…

(1) A fire service area created pursuant to 7-33-2401 may provide residents of the area with adequate and standard: (a) (i) fire and emergency response equipment, personnel, facilities, and maintenance, for a fire service agency providing service to the area; or (ii) fire protect…

(1) Whenever the board of county commissioners has established a fire service area, the commissioners may: (a) govern and manage the affairs of the area; (b) appoint five qualified trustees to govern and manage the affairs of the area; or (c) authorize the election of five qualif…

(1) In the resolution creating the fire service area and by resolution as necessary after creation of the fire service area, the board of county commissioners shall establish a schedule of rates to be charged to owners of structures and owners of undeveloped land that are benefit…

(1) A mutual aid agreement is an agreement for protection against disasters, incidents, or emergencies. (2) The governing body of a fire service area may enter mutual aid agreements with the proper authority of: (a) other fire service areas; (b) unincorporated municipalities; (c)…

(1) Every city and town shall provide for fire protection in a manner that is organized, managed, and controlled as provided in this chapter. (2) (a) Except as provided in 7-33-4115(6), a first-class city or town shall provide fire protection services as provided in this part. (b…

(1) The provisions of this part govern and control fire departments in every city or town organized under whatever form of municipal government except where this part is in conflict with the commission form of government provided for in part 42 of chapter 3. (2) Whenever the prov…

Such fire department, when established, may consist of one chief of the fire department and as many assistant chiefs of the fire department and such number of firefighters as the council or commission may from time to time provide and may also include a city electrician and as ma…

(1) The chief of the fire department has sole command and control over all persons connected with the fire department of the city or town and has full power and authority over its organization, government, and discipline. The chief may establish disciplinary rules that the chief …

(1) The council of any city or town where there is no paid fire department may appoint a chief engineer of the fire department: (a) to manage and control the fire engines and apparatus furnished by the city or town for the extinguishing and the prevention of fires; (b) to superin…

The mayor or manager shall nominate and, with the consent of the council or commission, appoint the chief of the fire department, the assistant chief or chiefs of the fire department, and all firefighters.

(1) The state of Montana determines that qualifications for the firefighting profession must recognize the rigorous physical demands placed on firefighters and the expectation of many years of emergency service. To qualify as a firefighter, an applicant: (a) must be a citizen or …

The examination required by 7-33-4107(1)(e) must be in writing, and a written determination of the examination must be filed with the city or town clerk. The determination of the examination must disclose the ability of the applicant to perform the physical work usually required …

(1) In addition to a paid department, the city council, city commission, or other governing body in cities of the second class may make provision for a volunteer fire department. (2) The city commission or governing department is exempted from compliance with 7-33-4128 to the ext…

Nothing contained in 7-33-4101 through 7-33-4104, 7-33-4106 through 7-33-4108, 7-33-4112, 7-33-4113, 7-33-4122 through 7-33-4125, and 7-33-4127 shall be held or construed to affect any fire organization known as a volunteer fire company.

(1) For the purpose of supporting volunteer fire departments in any city or town that does not have a paid fire department and for the purpose of purchasing the necessary equipment for them, the council in any city or town may, subject to 15-10-420, levy, in addition to other lev…

(1) A mutual aid agreement is an agreement for protection against disasters, incidents, or emergencies. (2) Councils or commissions of incorporated municipalities may enter mutual aid agreements with the proper authority of: (a) other incorporated municipalities; (b) fire distric…

The chief of the fire department, the assistant chief or chiefs of the fire department, and the firefighters shall not be deemed officers of the municipal corporation in which such fire department is established.

No person, corporation, partnership, or association which is authorized by any city, town, village, or district fire department or by any volunteer fire company to receive any report of fire or which agrees to receive and transmit such report to such fire department or volunteer …

(1) Upon an affirmative vote of the governing body of a city of the second class and the governing body of a rural fire district, the municipal governing body may, after providing public notice and holding a public hearing, submit to the electors of the municipality the question …

The city councils or commissioners of cities of the first and second class shall have power to establish and promulgate rules governing the employment of the members or employees of their respective fire departments.

Each appointment shall be first made for a probationary term of 6 months, and thereafter the mayor or manager may nominate and, with the consent of the council or commission, appoint such chief and assistant chief or chiefs of the fire department and firefighters, who shall there…

(1) The mayor or manager may suspend the chief and assistant or any firefighter of the fire department for neglect of duty or a violation of any of the rules of the fire department. (2) The chief of the fire department may suspend the assistant chief of the fire department or any…

(1) In any case in which a member of the municipal fire department is suspended from duty, the person suspended must be furnished with a copy of the charge, in writing, setting forth the reasons for the suspension. Subject to subsection (2), the suspended member of the fire depar…

(1) If the council at any time reduces the number of firefighters in the fire department, those most recently appointed must be selected for retirement from the fire department. The city or town clerk shall keep a list of the retired firefighters. (2) If the number of firefighter…