The following definitions apply in Articles 84, 85, 85A, 87, and 88 of this Chapter:

(1) City. – A fire district.

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Terms Used In North Carolina General Statutes 58-84-5

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3

(2) 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.

(3) Fire district. – Any political subdivision of the State or federally recognized Native American tribe within the State that meets all of the following conditions:

a. It has an organized fire department under the control of its governing body.

b. 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.

c. It is rated and certified by the Commissioner.

d. 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.

(3a) Firefighter. – Any person who meets all of the following requirements:

a. 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.

b. 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 N.C. Gen. Stat. § 160A-292

c. Performs work or training at the direction of the fire chief.

d. Is included on the certified roster submitted to the North Carolina State Firefighters’ Association pursuant to N.C. Gen. Stat. § 58-86-25.

(4) Town. – A fire district. (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.)