04-LA 004 2004 -- H 7011 Enacted 02/06/04 A N A C T RELATING TO THE INCORPORATION OF THE ALBION FIRE DISTRICT
Introduced By: Representatives Menard, and McManus
Date Introduced: January 07, 2004
It is enacted by the General Assembly as follows:
SECTION 1. The act passed at the January 1990 session of the general assembly entitled
“An Act Relating to the Incorporation of the Albion Fire District” and all amendments thereto are
hereby repealed in their entirety.
SECTION 2. Albion Fire District Charter - - Section 1. All that property in the village of
Albion in the town of Lincoln, County of Providence, in the state of Rhode Island, beginning at a
point in the middle of the Albion Road bridge at the Cumberland-Lincoln town line, following the
Cumberland-Lincoln town line 4200 feet, more or less, in a northwesterly direction, thence
running in a southwesterly direction along the northern boundary of land owned now or formerly
by the Berkshire Fine Spinning Associates, Inc., to a point in the middle of the Old River Road,
thence turning and running in a southeasterly direction along the middle of the Old River Road,
1040 feet, more or less, to a point opposite the dividing line between the land now owned or
formerly owned by the heirs of Russell Handy and land owned or formerly owned by Arnold
Mann; thence turning and following the northern boundary of the Arnold Mann and Stafford
Mann land until the line comes to a large boulder, a corner of the land of the heirs of Stafford
Mann, turning and following the North Smithfield town line, in a southerly direction until the line
comes to the corner of the Smithfield town line, following said Smithfield town line in a
southerly direction to a point in the middle of the Washington Highway; thence turning and
continuing along the Washington Highway, in a northeasterly direction, crossing the Louisquisset
Pike and continuing along the middle of said Washington Highway to the Cumberland town line
turning and following said Cumberland town line in a northwesterly direction to the point of
beginning, is hereby incorporated into a district to be known as the “Albion Fire District”.
Said district shall have the right to have and use a common seal; the right to sue or be
sued; the right to purchase and own property of any description in furtherance of their objective
mission of fire protection and emergency medical service for which it is incorporated, and enjoy
the other powers generally incident to corporations and shall be subject to the provisions of the
general laws and all acts in amendment thereof or in addition thereto.
SECTION 2. Voter eligibility. - - The domiciled residents of said district registered to
vote in the town of Lincoln, henceforth referred to as “members”, shall be eligible to vote, hold
office and act at all meetings of the district as further provided in the district bylaws.
SECTION 3. Annual Meeting. - - There shall be an annual meeting of said fire district
every year, for the purpose of electing officers, ordering taxes and providing for assessing and
collecting the same, enacting bylaws and transacting such other business or adopting such
measures, consistent with the charter which the members at said meeting shall deem beneficial to
the district. Annual meeting date and requirements for the call of nature of said meeting shall be
defined in the district bylaws.
SECTION 4. Special meeting. - - Said members may hold special meetings. It shall be
the duty of the clerk to call a special meeting upon written application by twenty-five (25) or
more members or by a majority vote of the board of fire commissioners setting forth specifically
the whole and only purpose of the special meeting. Requirements for the notice of such meeting
shall be defined in the district bylaws.
SECTION 5. District Officers. - - The officers of the fire district shall consist of a
moderator, a treasurer, and a board of five (5) fire commissioners whose duties and powers shall
be defined in the bylaws. Said officers shall be elected by the qualified members at the annual
meeting of the fire district. Each fire commissioner shall hold office for a term of five (5) years
and only one (1) fire commissioner shall be elected by the members of the fire district at every
annual meeting to fill the vacancy of the fire commissioner whose term shall have expired.
All other officers shall hold office for a term of one (1) year or until their successors are
qualified and elected. Any officer who shall neglect his or her duty may be impeached by two-
thirds (2/3) vote of the members present at the meeting at such vote is taken and the vacancy will
be filled by the members at this meeting. All vacancies occurring by reason of death, incapacity,
resignation or retirement shall be filled by the majority vote of the board of fire commissioners.
The term of such appointment to expire at the date of the next annual meeting at which time the
members will elect a replacement for the unexpired term of that office.
There shall be a fire chief of the district who shall be appointed by the board of fire
commissioners, whose duties shall be defined in the district bylaws and who shall carry out such
other duties as the board of fire commissioners shall assign. The board of fire commissioners may
also contract for the service of a permanent fire chief, for a period of not more than five (5) years.
SECTION 6. The moderator shall preside at all annual and special meetings of the fire
district which shall have been called by proper notice; and at such meetings he or she shall
conduct the proceedings, decide all discussions according to law, and have command over all the
records of the clerk, of the treasurer, and of the tax collector during such meetings. His or her
decisions as presiding officer may be appealed by those present and entitled to vote and a
majority of the voters shall be sufficient to sustain the appeal and overrule his or her decisions.
The appeal, however, must be stated simply and correctly and must not be debatable.
SECTION 7. The fire chief, the deputy chief, or the officer in charge of the fire
department when on duty at a fire, the fire, district where the fire headquarters or station of said
company is located or in response to an alarm for such a fire shall, in the absence of the police,
have the power to suppress any tumult or disorder and to command from the inhabitants of the
fire district all needful assistance for the suppression of fire and in the preservation of property
exposed to fire. The officers above numerated shall have the authority to go onto and enter any
property or premises and to do whatever may reasonably be necessary in the performance of their
duties while engaged in the work of extinguishing any fire or performing any duties incidental
thereto.
SECTION 8. No member of the fire department of Albion fire district who, while on
duty, performing the duties of a firefighter, and in the performance of said duty voluntarily and
gratuitously renders emergency assistance to a person in need thereof, shall be liable for civil
damages for any personal injuries which result from acts or omissions by such persons rendering
the emergency care which may constitute ordinary negligence. This immunity does not apply to
acts or omissions constituting gross, willful or wanton negligence.
The fire chief, deputy chief and all members of this fire department shall not render
themselves liable personally and they are hereby relieved from all personal liability for any
damage that may occur to persons or property as a result of an act required or permitted in the
discharge of their official duties and any fire chief, deputy chief, and all members acting in good
faith and without malice, shall be free from liability for acts performed or by reason of their
failure to act in the performance of their official duties.
SECTION 9. Powers. - - The qualified members of said fire district shall at any legal
meeting, have the power to enact bylaws consistent with this charter, prescribing the duties and
powers of the officers of the district.
The engine companies, ladder companies and rescue companies together shall constitute
the fire department under the direction of the chief fire marshal, and shall be governed by the
board of fire commissioners of the fire district. Such companies shall be subject to any provisions
contained in the general laws of the state of Rhode Island and all acts in amendment thereof, and
to the exemptions, privileges and remedies therein provided.
SECTION 10. Authorization. - - The qualified members of said fire district at their legal
meetings shall have power to order taxes and provide for assessing and collecting the same, on
the taxable inhabitants and property in said districtas they shall deem necessary for purchasing
and procuring real estate, buildings and implements, apparatus, other equipment, for the payment
of the current expenses of said district and any indebtedness that has been or may be incurred by
said district, and also for the payment of such emergency medical services as they deem
necessary for the health, safety and welfare of the inhabitants; provided, however, that the taxes
assessed and payable in any one (1) year under the provisions of this section shall not exceed
three dollars ($3.00) on each one thousand dollars ($1,000) of said valuation; and provided
further, however, the minimum charge for any fire tax bill rendered shall be not less than twenty
dollars ($20.00).
Such taxes so ordered, shall be assessed by the commissioners of said district on the
taxable inhabitants and property therein according to the last valuation made by the assessors of
taxes of the town of Lincoln next previous to said assessment adding, however, any taxable
property which may have been omitted by said town assessors or which may have been
afterwards since acquired; and in all cases where the town assessors have included property
within said district and property without said district in one (1) valuation, the commissioners of
said district shall make an equitable valuation of that portion of the same lying within said
district, and in the assessing and collecting of said taxes such proceedings shall be had by the
officers of said district, as near as may be, as are required to be had by the corresponding offices
of towns in this state in assessing and collecting town taxes; and the collector of taxes for said
district shall for purposes of collecting taxes assessed for said district have the same powers and
authorities as are now by law conferred upon collectors of taxes for towns of this state. Said
district may provide such deduction from the tax assessed against any person if paid by an
appointed time, or for such penalty by way of percentage on the tax if not paid at an appointed
time, not exceeding the maximum rate of percentage allowed by law per annum upon said unpaid
tax.
Said district is hereby authorized and empowered to raise money through the issuance of
its bonds or notes, signed by its treasurer, in such sum or sums, as said district may, by majority
vote, at any regular or special meeting, determine; and the vote authorizing and empowering the
treasurer to raise money upon the issuance of bonds or notes of the district shall be construed as
authority for the renewal of any such bonds or notes from time to time; and said bonds or notes,
so issued, shall be payable from all taxes that may be levied by said district without limit as to
rate or amount, and shall otherwise be obligatory upon said district in the same manner and to the
same extent as other debts lawfully contracted by said district.
SECTION 11. Personnel. (1) The board of fire commissioners may contract for the
services of the fire chief and any other employee the board of fire commissioners deems
necessary to carry out the mission of the fire district. (2) There shall be established a board of
review for the purpose of determining qualifications required for all full-time positions in the
district. This same board shall be charged with administering the exams and tests required to
classify candidates. The board of fire commissioners will appoint the board of review. (3) The
board of fire commissioners will appoint personnel to all full-time positions from reports given to
them by the board of review.
SECTION 3. This act shall take effect upon passage.
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