Section 6: Regional technical rescue services program; technical rescue regions; technical rescue coordinating council
Section 6. (a) The secretary of public safety and security and the state fire marshal, in consultation with the Professional Fire Fighters of Massachusetts and the Fire Chiefs' Association of Massachusetts, Inc., shall divide the commonwealth into technical rescue regions; provided that the secretary of public safety and security may amend the number of such regions as needed. Each technical rescue region shall provide for the organization and coordination of technical rescue services and training, the acquisition of technical rescue equipment and the receipt and distribution of funds.
(b) There shall be in the department of fire services, but not under its control, a technical rescue coordinating council that shall provide overall coordination of the technical rescue regions. The council shall consist of: the secretary of public safety and security or a designee; the state fire marshal or a designee; and 5 members to be appointed by the governor, 2 of whom shall be members of the Fire Chiefs' Association of Massachusetts, Inc., 2 of whom shall be members of the Professional Fire Fighters of Massachusetts and 1 of whom shall be selected from a list comprised of 1 nominee from each regional technical rescue region who is a member of a regional technical rescue team and selected by such team's leadership. The governor shall appoint members for a term of 3 years and any such member shall be eligible for reappointment. A person shall not receive compensation for service as a member of the council but may receive reimbursement for all expenses necessarily incurred in connection with the member's official duties.
The majority of the council shall constitute a quorum to conduct business but a lesser number may adjourn from time to time. The council shall annually elect a chair and vice-chair from among its members. The department of fire services may, subject to appropriation, furnish reasonable staff and other support for the work of the council.
(c) The council shall develop uniform standards, rules and procedures for the operation of a statewide regional technical rescue services program and shall assist in the coordination of all persons and agencies concerned with technical rescue services.
(d) The council shall establish cost recovery mechanisms for technical rescue services provided within a technical rescue region; provided, however, that there shall be no cost recovery if: (i) the party responsible for creating the need for technical rescue services is a resident of the commonwealth; (ii) the conduct that necessitated technical rescue services was not commercial in nature; and (iii) the conduct that necessitated technical rescue services was not unlawful or reckless.
(e) The council may collect funds on behalf of a technical rescue region and shall deposit said funds into the Technical Rescue Services Fund, established in section 2ZZZZ of chapter 29.
(f) A member of a regional technical rescue team performing official team duties, including, but not limited to, emergency response, rescue stand by, training, equipment maintenance and meetings, shall be considered to be on duty for the member's respective fire department and covered under section 111F of chapter 41 and any other law applicable to on-duty injury, illness or death of a firefighter.
(g) The department of fire services, in consultation with the technical rescue coordinating council, may promulgate regulations to implement this section.