Chap. 250.—An ACT in relation to the mobilization of paid and volunteer firemen
and prescribing the powers, duties, and responsibilities of the Governor and
other public officials in connection therewith. [H B 310]

Approved March 18, 1942

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. Outside Service by Paid and Volunteer Firemen.

Whenever a state of war exists between the United States and any
foreign country and at the request of the chief executive of any county,
city or town in this State the head of any other fire department may, or if
so ordered by the Governor, shall detail, assign, and make available for
duty and use in such county, town or city any part of the officers, firemen,
forces, fire-fighting apparatus or other equipment under his command or
control.

Section 2. Powers, Duties, Rights, Privileges and Immunities.

Whenever all or any part of the regular fire-fighting forces of any
county, town or city in this State are engaged in rendering services pur-
suant to this act, the officers and members of such fire-fighting forces
shall have the same powers, duties, rights, privileges, and immunities as
if they were performing their duties in the political subdivision in which
they are normally employed. |

Section 3. Loss, Damages, Expense or Cost.

The county, town or city in which any equipment is used pursuant
to this act shall be liable for any loss or damage thereto and to the supplies
therefor and shall pay any expense incurred in the operation and main-
tenance thereof, including the cost of all materials and supplies therefor.
No claim for any such loss, damage, expense or cost shall be allowed
unless, within sixty days after the same has been sustained or incurred, a
written notice of such claim, under oath, itemizing the same is served by
mail or otherwise upon the treasurer of such county, town or city where
such equipment was so used.

Section 4. Liability or Accountability for Acts or Omissions.

Neither the State nor the political subdivision of the State whose
fire-fighting forces are engaged pursuant to this act shall be liable o1
accountable in any way for or on account of any act or omission on the
part of an officer or member of such forces while engaged pursuant to
this act or for or on account of the operation, maintenance or use of any
apparatus, equipment or supplies in connection therewith, nor shall any
fire commissioner, fire chief or other superior officer or head of a fire
department, fire company or other fire-fighting forces, acting pursuant to
this act, be held liable or accountable in any way for or on account of any
act or omission on the part of any of his subordinates without the political
subdivision of their appointment while such subordinates are under the
command of an officer other than himself.

Section 5. Reimbursement for Salaries and Expenses.

The political subdivision in which aid or assistance is given pursuant
to this act shall reimburse the political subdivision furnishing such aid and
assistance for any monies paid for the salaries or other compensation of
employees furnished under this act during the time they shall not be per-
forming their duties in the political subdivision by which they are em-
ployed or act and shall defray the actual traveling and maintenance ex-
penses of such employees while they are rendering such aid and assistance.
The provisions of this section and the term “employee” as used herein
shall mean and apply with equal effect to paid and volunteer firemen.

Section 6. Temporary Substitute Fire-Fighting Forces.

Whenever all or any part of the regular fire-fighting forces of any
county, city or town in the State are engaged in rendering aid and
assistance, pursuant to this act, substitute firemen, not exceeding the
number of regular firemen engaged in rendering such aid and assistance,
may be appointed in the same manner as provided by law for the appoint-
ment of such regular firemen. Except in the case of a volunteer fire com-
pany, the compensation of such substitute firemen shall be fixed at a sum
not greater than the lowest rate of pay for a regular fireman in such fire
department, company or fire-fighting force. Each person appointed under
this section shall be vested with the same powers and charged with the
same duties as if he were a regular member of such fire department, com-
pany or fire-fighting force. No appointment under this section shall con-
tinue for more than two days after the regular firemen for whom they are
substituting have returned to duty. The compensation of any substitute
fireman appointed pursuant to this section and any allowable expense
actually and necessarily incurred by him in the performance of his duties
shall be charged against the county, city or town in and for which he was
appointed and shall be audited and allowed in the same manner as other
charges against the county, city or town are audited and allowed.

Section 7. Rules and Regulations.

The Governor is hereby authorized and empowered to prescribe all
necessary and reasonable rules and regulations in order to carry out the
provisions of this act.

Section 8. Duration of Act.

This act shall be in effect only during the time a state of war exists
between the United States and any foreign country.

Section 9. Effective Date.

An emergency existing, this act shall be in force from its passage.