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General Laws

Section 138. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:—

“Chief”, the chief of the Massachusetts military reservation fire department.

“Department”, the Massachusetts military reservation fire department.

“Massachusetts military reservation”, approximately 22,000 acres of land owned by the commonwealth in Barnstable county established under chapter 196 of the acts of 1935 and used primarily for military purposes.

(b) There shall be within the military division a Massachusetts military reservation fire department. The department shall provide air crash crew and fire protection services on the Massachusetts military reservation. The department shall be under the supervision and control of the chief of the Massachusetts military reservation fire department.

The chief shall be appointed by the adjutant general. He may be removed by the adjutant general for cause after a hearing. He shall have charge of extinguishing fires on the Massachusetts military reservation and the protection of life and property in the event of fire, aircraft mishap or explosion. He shall enforce all state and federal fire laws and codes. He shall purchase, subject to the approval of the adjutant general or his designee, and maintain all apparatus used by the fire department, and shall make other necessary expenditures subject to such further limitations as the adjutant general or his designee may prescribe.

The chief shall enter into mutual aid agreements with surrounding cities and towns as necessary. He shall have and exercise all the powers and discharge all the duties conferred or imposed by statute upon engineers in towns except as otherwise provided by chapter 48. He shall appoint a deputy chief and such officers and firefighters as he deems necessary and may remove the same for cause after a hearing, subject to the provisions of any applicable collective bargaining agreement. The chief, deputy chief, officers and firefighters shall be civilian employees of the military division and shall not be subject to the provisions of the General Laws establishing a civil service system. New uniformed members of the department shall be subject to the provisions for firefighters set forth in sections 61A and 61B of chapter 31.

Except as otherwise provided herein, the chief shall administer the department. He shall make rules and regulations for its operation, shall report annually to the adjutant general or his designee on the condition of the department and at such other times as the adjutant general or his designee shall request.

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