006.03.96 Ark. Code R. § 001 - Fire Protection Services Program 006.03.96-001

The following procedures have been established by the Department of Finance and Administration, Office of Administrative Services (DFA-OAS) to implement the Fire Protection Services Program Act of Arkansas - Act 833 of 1991, as amended by Act 10-First Extraordinary session of 1992.

The procedures are divided into four (4) sections:

A.General procedures applying to all Fire Departments/Districts

B.Rural Volunteer Fire Departments/Districts

C.Certified Municipal Fire Departments

D.Non-Certified Municipal Fire Departments

A. GENERAL PROCEDURES

A1. Beginning January 1, 1992, a premium tax of 1/2 of 1% on fire insurance will be collected by the Arkansas Insurance Commissioner from insurers.

A2. The insurers will estimate their net direct written premiums and remit premium taxes quarterly based on these estimates to the Arkansas Insurance Commissioner. The first quarter's collections shouId be available for distribution by DFA-OAS to Fire Departments in July. The other quarterly collections should be available in October, January, and April. The final collection will be an adjusted collection to reflect the actual net direct premiums written for the previous year.

A3. The collections will be deposited into the Fire Protection Premium Tax Fund quarterly and wilI be divided by county using the following percentages as stated in the Act:

Arkansas	0.78%	AshIey	1.39%	Baxter	1.78%
Benton	3.86%	Boone	1.46%	Bradley	0.52%
Calhoun	0.51%	Carroll	0.97%	Chicot	0.51%
Clark	1.13%	Clay	1.10%	Cleburne	1.11%
Cleveland	0.66%	CoIumbia	1.24%	Conway	1.04%
Craighead	2.91%	Crawford	1.98%	Crittenden	1.32%
Cross	0.84%	Dallas	0.45%	Desha	0.71%
Drew	0.80%	Faulkner	2.30%	FrankIin	0.97%
Fulton	0.84%	Garland	3.12%	Grant	1.13%
Greene	1.39%	Hempstead	1.89%	Hot Spring	1.46%
Howard	0.75%	Independence	1.90%	Izard	0.91%
Jackson	0.95%	Jefferson	2.32%	Johnson	1.05%
Lafayette	0.71%	Lawrence	0.96%	Lee	0.73%
Lincoln	1.12%	Little River	0.77%	Logan	1.06%
Lonoke	1.70%	Madison	0.95%	Marion	1.00%
Miller	1.44%	Mississippi	1.77%	Monroe	0.53%
Montgomery	0.66%	Nevada	0.58%	Newton	0.67%
Ouachita	1.37%	Perry	0.62%	Phillips	1.12%
Pike	0.87%	Poinsett	1.14%	Polk	1.01%
Pope	1.73%	Prairie	0.83%	Pulaski	5.99%
RandoIph	0.96%	St. Francis	1.45%	SaIine	3.00%
Scott	0.59%	Searcy	0.73%	Sebastian	2.06%
Sevier	0.82%	Sharp	1.30%	Stone	0.77%
Union	2.01%	Van Buren	1.18%	Washington	3.46%
White	2.71%	Woodruff	0.47%	Yell	1.11%

A4. The population of each county and incorporated city and town within the county will be determined using the latest U. S. Census. AlI special census information will be input at the beginning of each program year. DFA-OAS will use this information to determine the percentage population of each incorporated city and town and the remaining unincorporated percentage population of the county.

A5. Funds distributed under this program shall only be spent on the following three (3) items:

1.) Training of fire fighters at the Arkansas Fire Training Academy and/or fire training centers certified by the AFPSB.

2.) Purchase and improvement of fire fighting equipment or improvements of fire departments.

3.) Pledging as security for a period of not more than ten (10) years in the financing of the purchase of fire fighting equipment and initial capital construction or improvement of fire departments. All equipment purchased must comply with NationaI Fire Protection Association (NFTA) standards.

A6. The funds for each county shall be apportioned to the districts and municipalities within the county based on population unless the County Intergovernmental Cooperation Council (CICC) notifies the quorum court of the fire protection needs of the districts and municipalities, in which case the monies will be apportioned by the quorum court based on those needs.

A7. Each County Quorum Court shouId notify DFA-OAS through Office of Emergency Services, Office of Fire Services (OES-OFS) by November 30th of each caIendar year of the fire protection needs of the districts and municipalities of their county as determined by the CICC. If no notification is received, the distribution within the county will be based on the population as determined by the latest U.S. Census of the incorporated municipalities and on a first come, first served basis for the unincorporated areas. Counties that have previously notified DFA-OAS through OES-OFS, of their fire protection needs of the districts and municipalities, will have their apportionments carried forward to the new program year, from the previous year, unless DFA-OAS through OES-OFS is notified of any changes no later than November 30th each calendar year.

A8. As soon as OES-OFS has reviewed and approved the apportionment and/or changes, the transactions will be routed to DFA-OAS to adjust the distribution of each county as noted and approved.

A9. As funds are received from Premium Tax collections, DFA-OAS will allocate them to each county using the percentages stated in A3 of the General Procedures. Each county's funds will then be allocated based on the county's population percentage distribution or Quorum Court's designated fire protection needs as apportioned.

B. RURAL VOLUNTEER FIRE DEPARTMENTS/DISTRICTS PROCEDURES

B1. No rural volunteer fire department/district will receive payments from this program unless the County Quorum Court and the Board of Commissioners of the Fire Protection District designate a County Fire Service Coordinator who will be responsible for seeing that standard guidelines established by the Arkansas Fire Protection Services Board pursuant to Ark. Code Ann. § 20-22-801 et seq, are followed.

B2. Rural volunteer fire departments/districts which are in compliance with these procedures and Ark. Code Ann. §§ 20-22-801 - 20-22-809 will be eligible for funds under this program.

B3. No rural volunteer fire department/distrct shall received funds under this program after January 1. 1998. unIess the fire department/district is certified by the Arkansas Fire Protection Services Board (Act 1112 of 1995). UntiI that time. OES-OFS shalI approve only requests for upgrading, which will move the department/district towards meeting the minimum certification standards. AM monies received from this program are to be spent directly on equipment, training, capital improvements, or other expenditures necessary for upgrading the service provided by the department/district. (Act 10-First Extraordinary Session of 1992)

B4. Rural volunteer fire departments/districts should complete Application for Funds, Form DFA-FP-1A. All information must be completed on both pages 1 and 2 of the form. If additional space is needed for the project description, please attach additional pages. The rural volunteer fire department/district must check "YES" or "NO" (Form DFA-FP-1A, bottom of page 1) if it will agree to pay any difference in project cost and funds avaiIabIe. If the ruraI voIunteer department/district checks "NO" it cannot pay any difference, no payment will be made on the project until adequate funds are available. If the rural volunteer fire department/district checks "YES" it will agree to pay any difference, payments will be sent as they become available each quarter untiI the total project is paid or the end of the program year whichever comes first. Also, the rural volunteer fire department/district must have its budgetary official sign verifying that it can pay the difference. If the rural volunteer fire department/district wishes the project to continue past the end of the program year, it must complete a new Form DFA-FP-1A at the beginning of the new program year. After Form DFA-FP-1A is approved by the rural fire department/district, and Budgetary Official if necessary, it is then submitted to the County Fire Service Coordinator for review and approval. The County Fire Service Coordinator then submits the form to the County Quorum Court for review and approval.

B5. After approval and signatures, Form DFA-FP-1A, should be sent to OES-OFS for review and approval at the following address:

OFFICE OF EMERGENCY SERVICES

OFFICE OF FIRE SERVICES

P.O. BOX 758

CONWAY, AR 72033-0758

B6. After approval by OES-OFS Form DFA-FP-1A will be sent to DFA-OAS for processing of payment.

B7. The payment will be sent by OES-OFS to the County Judge with a return receipt enclosed.

B8. The County Treasurer will receive and deposit these funds in a Special County Revenue Fund designated specifically for fire protection. The funds will then be disbursed to the rural volunteer fire department/district who requested them.

B9. The Board of Commissioners of any FIRE PROTECTION DISTRICT receiving funds under this program shall make no contract for the purchase of material or equipment costing five hundred ($500) or more except upon sealed bids opened in public, and it shall be the duty of the secretary of the district to call on the telephone or notify in person no less than ten (10) property holders, not less than forty-eight (48) hours or more than one (1) week before the time of receiving the bids. The secretary shall also deliver to the daily papers in the county and at least one (1) weekly paper a news item notice of the intention to receive bids on certain equipment. (Act 10-First Extraordinary Session of 1992)

B10. All funds received under this program must be EXPENDED or ALLOCATED for expenditure on or before the expiration of twelve (12) months from the date of receipt. Any excess or surplus funds which are not expended or allocated for expenditure within such twelve (12) month period shall be returned to the OES-OFS no later than sixty (60) days following the expiration of such twelve (12) month period. The returned funds will be deposited to the Fire Protection Premium Tax Fund and will be reallocated as described in Section A9 of the General Procedures.

B11. Each rural volunteer fire department/district which receives funds under this program shall file reports on December 1 annually with Quorum Court through the County Clerk's Office or other office designated by the Quorum Court stating how such funds were expended during the preceding twelve (12) months.

B12. The Quorum Court of each county through their County Clerk's Office shall file reports on January 15 annually with the State Auditor and Department of Finance and Administration stating how such funds were expended during the preceding twelve (12) months. Send the reports to the foIlowing addresses:

AUDITOR OF STATE

STATE CAPITOL ROOM 230

LITTLE ROCK, AR 72201

DEPARTMENT OF FINANCE AND ADMINISTRATION

OFFICE OF ADMINISTRATIVE SERVICES P.O.BOX. 2485 LITTLE ROCK, AR 72203-2485

B13. If any Quorum Court or rural volunteer fire department/district fails to make the reports as stated in B11 and B12, the fire department/district shall not be eligible for new or additional funds until the reports are filed.

B14. Any fire department/district which faiIs to expend funds in due compliance with the provisions of these procedures shall not be eligible for new or additional funds under this program untiI the department/district reimburses the exact amount of those monies improperly retained or expended.

C. CERTIFIED MUNICIPAL FIRE DEPARTMENT PROCEDURES

C1. Municipal fire departments which are in compliance with these procedures and Ark. Code Ann. §§ 20-22-801 - 20-22-809 shall be eligible for funds under this program.

C2. Municipal fire departments must be willing to provide fire protection through mutual aid agreements in areas within five (5) miles of its corporate Iimits. Municipal fire departments shalI not be required to respond when, in the opinion of proper municipal authorities, municipal property or fire classification rating would be jeopardized. Municipal fire departments must furnish an official municipal resolution signed by the Chief Executive Officer of that municipality stating their willingness to provide fire protection through mutual aid agreements. Copies of the mutual aid agreements should be sent to OES-OFS.

C3. Certified municipaI fire departments must complete an AppIication for Funds, Form DFA-FP-1A. Page 1 must be completed through the question "Is the Department Certified?" Page 2 must have the signature/approval of the Fire Department and Chief Executive Officer-Municipality. Leave the section for Budgetary Official and County Fire Service Coordinator blank.

C4. After approval and signatures, Form DFA-FP-1A, should be sent to OES-OFS for review and approval at the following address:

OFFICE OF EMERGENCY SERVICES

OFFICE OF FIRE SERVICES P. 0. BOX 758 CONWAY, AR 72033-0758

C5. After approval by OES-OFS Form DFA-FP-1A will be sent to DFA-OAS for processing. Payments will be sent as funds become available each quarter.

C6. MunicipaI fire departments which serve any area in which there is no rural volunteer fire department/district which qualifies for funds under this program, may request funds from that rural area. The municipal fire department must complete Form DFA-FP-1A for a specific project to benefit the rural area and send the form to the county quorum court for approval. If approved, the quorum court will send the form to OES-OFS for approval. The municipal fire department must check "YES" or "NO" (Form DFA-FP-1A, bottom of page 1) if it will agree to pay any difference of project cost and funds available. If the municipal fire department checks "NO" it cannot pay any difference, no payment will be made on the project until adequate funds are available. If the municipal fire department checks "YES" it will agree to pay any difference, payments will be sent as they become available each quarter untiI the total project is paid or the end of the program year whichever comes first.

C7. The payments will be sent by OES-OFS to the municipality with a return receipt enclosed.

C8. The City Treasurer will receive and deposit these funds as special revenue.

C9. AM funds received under this program must be expended or allocated for expenditure on or before the expiration of twelve (12) months from the date of receipt. Any excess or surplus funds which are not expended or allocated for expenditure within such twelve (12) month period shall be returned to the OES-FPS no later than sixty (60) days foIlowing the expiration of such twelve (12) month period. The returned funds will be deposited to the Fire Protection Premium Tax Fund and will be reallocated as described in Section A9 of the General Procedures.

C10. Each municipal fire department which receives such funds shalI file reports on January 15 annually with DFA-OAS stating how such funds were expended during the preceding twelve (12) months.

C11. If any municipal fire department fails to make the report as stated in C10, the fire department shalI not be eligible for new or additional funds until the report is filed.

C12. Any municipal fire department which faiIs to expend funds in due compliance with the provisions of these procedures shall not be eligible for new or additionaI funds under this program untiI the department reimburses the exact amount of those monies improperly retained or expended.

D. NON-CERTIFIED MUNICIPAL FIRE DEPARTMENT PROCEDURES

D1. No fire department shall received funds under this program after January 1. 1998. unless the fire department is certified by the Arkansas Fire Protection Services Board (Act 1112 of 1995). Until that time. OES-FPS will approve ONLY requests for upgrading, which will move the department towards meeting the minimum certification standards. All funds received are to be spent directly on equipment, training, capital improvements, or other expenditures necessary for upgrading the service provided by the department. (Act 10-First Extraordinary Session of 1992)

D2. Municipal fire departments must be willing to provide fire protection through mutual aid agreements in areas within five (5) miles of its corporate Iimits. Municipal fire departments shalI not be required to respond when, in the opinion of proper municipal authorities, municipal property or fire classification rating would be jeopardized. Municipal fire departments must furnish an official municipal resolution signed by the Chief Executive Officer of that municipaIity stating their willingness to provide fire protection through mutual aid agreements and/or copies of the mutual aid agreements to OES-OFS.

D3. Non-Certified municipal fire departments should complete Application for Funds, Form DFA-FP-1A. All information must be completed on both pages 1 and 2 of the form. If additional space is needed for the project description, please at tach additionaI pages. The municipal fire department must check "YES" or "NO" (Form DFA-FP-1A, bottom of page 1) if it will agree to pay any difference in project cost and funds available. If the municipaI fire department checks "NO" it cannot pay any difference, no payment will be made on the project until adequate funds are available. If the municipal fire department checks "YES" it will agree to pay any difference, payments will be sent as they become available each quarter until the total project is paid or the end of the program year whichever comes first. If the municipal fire department wishes the project to continue past the end of the program year, it must complete a new Form DFA-FP-1A at the beginning of the new program year.

D4. After approval and signatures, Form DFA-FP-1A, should be sent to OES-OFS for review and approval at the foIlowing address:

OFFICE OF EMERGENCY SERVICES

OFFICE OF FIRE SERVICES

P.O. BOX 758

CONWAY, AR 72033-0758

D5. After approval by OES-OFS Form DFA-FP-1A will be sent to DFA-OAS for processing of payment.

D6. Municipal fire departments which serve any area in which there is no rural volunteer fire department/district which qualifies for funds under this program, may request funds from that rural area. The municipal fire department must complete Form DFA-FP-1A for a specific project to benefit the rural area and send the form to the county quorum court for approval. If approved, the quorum court will send the form to OES-OFS for approval. The municipal fire department must check "YES" or "NO" (Form DFA-FP-1A, bottom of page 1) if it will agree to pay any difference in project cost and funds available. If the municipal fire department checks "NO" it cannot pay any difference, no payment will be made on the project until adequate funds are available. If the municipal fire department checks "YES" it will agree to pay any difference, payments will be sent as they become available each quarter untiI the total project is paid or the end of the program year whichever comes first.

D7. The payments will be sent by OES-OFS to the municipality with a return receipt enclosed.

D8. The City Treasurer will receive and deposit these funds as speciaI revenue.

D9. All funds received under this program must be expended or allocated for expenditure on or before the expiration of twelve (12) months from the date of receipt. Any excess or surplus funds which are not expended or allocated for expenditure within such twelve (12) month period shall be returned to OES no later than sixty (60) days following the expiration of such twelve (12) month period. The returned funds will be deposited to the Fire Protection Premium Tax Fund and will be reallocated as described in Section A9 of the General Procedures.

D10. Each municipal fire department which receives such funds shall file reports on January 15th annually with DFA-OAS stating how such funds were expended during the preceding twelve (12) months.

D11. If any municipal fire department fails to make the report as stated in D7, the fire department shall not be eligible for new or additional funds until the reports are filed.

D12. Any municipal fire department which fails to expend funds in due compliance with the provisions of these procedures will not be eligible for new or additional funds under this program untiI the department reimburses the exact amount of those monies improperly retained or expended.

EXAMPLE COUNTY XYZ NEEDS ASSESSMENTS

County XYZ has 4 incorporated cities. Without any notification of the fire protect ion needs of the county, DFA-OAS wouId distribute funds through OES-OFS as follows:

NAME	POPULATION	DISTRIBUTION
County Total	20,000	100%
City A	10,000	50%
City B	1,000	5%
City C	1,000	5%
City D	200	1%
Unincorporated Area	7,800	39% first come, first served basis

County XYZ's County Intergovernmental Cooperation CounciI meets and reviews the fire protection needs of the county. It finds that there are 3 rural fire departments serving the unincorporated areas of the county, 1 of which is twice as big as the other 2. Also, City D does not have a fire department and its fire needs are met by City C. The County Intergovernmental Cooperation Council makes the following needs assessment to the County Quorum Court:

NAME	POPULATION	DISTRIBUTION
County Total	20,000	100%
City A	10,000	50%
City B	1,000	5%
City C	1,000	6%
City D	200	0%
Rural Department E	19%
Rural Department F	10%
Rural Department G	10%
Unincorporated Area	7,800

Since the county has determined its needs of both the incorporated and unincorporated areas, the funds will be distributed using the new percentage distribution. The incorporated municipaIities will receive their funds quarterly as it is received. The unincorporated rural fire department/districts must apply for the funds. However, since the unincorporated areas have designated needs, these funds will be reserved for them until requested.

If the needs for Year 6 are the same as previous Year A then nothing needs to be submitted, Year A's percentage distribution will carry over to Year B. However, if City A is going to assume the fire protection services of Rural Fire Department E a new percentage distribution based on needs must be submitted by November 30th. The distribution would then be as follows:

NAME	POPULATION	DISTRIBUTION
County Total	20,000	100%
City A	10,000	59%
City B	1,000	5%
City C	1,000	6%
City D	200	0%
Rural Department E	10%
Rural Department F	10%
Rural Department G	10%
Unincorporated Area	7,800

The above needs distribution will carry over to Year C unless DFA-0AS through OES is otherwise notified.

APPLICATION FOR FUNDS

FORM DFA-FP-1A

Click here to view image

Click here to view image

Notes

006.03.96 Ark. Code R. § 001

5/13/1996