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Delaware Laws | Title 20 Military and Civil Defense
CHAPTER 31. EMERGENCY MANAGEMENT
Subchapter V. Public Health Emergencies

CHAPTER 32. INTRASTATE MUTUAL AID COMPACT (1327)(Text)

Sec. 3201. Preamble. (1328)(Text)

The purpose of this chapter is to create a system of intrastate mutual aid between participating political subdivisions and fire, rescue and emergency medical service provider organizations in the State of Delaware (hereinafter referred to as "system"). Each participant of this system recognizes that emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential for the protection of lives and property and for best use of available assets both public and private. The system shall provide for mutual assistance among the participating political subdivisions and fire, rescue and emergency medical service provider organizations in the prevention of, response to, and recovery from, any disaster that results in a formal state of emergency in a participating political subdivision, subject to that participating political subdivisions criteria for declaration. If the State of Delaware declares a state of emergency that covers the jurisdictional territory of a political subdivision for purposes of this chapter, a state of emergency has been declared by that political subdivision for purposes of this chapter. The system shall provide for mutual cooperation among the participating political subdivisions and fire, rescue and emergency medical service provider organizations in conducting disaster-related exercises, testing or other training activities outside actual declared emergency periods. This chapter provides no immunity, rights or privileges for any individual responding to a state of emergency that is not requested and/or authorized to respond by a participating political subdivision or fire, rescue, or emergency medical service provider organization. Participating political subdivision and fire, rescue, and emergency service provider organizations will be ensured, to the fullest extent possible, eligibility for state and federal disaster funding. (1329)

(75 Del. Laws, c. 182, Sec. 1.) (1330)

Sec. 3202. Delaware Mutual Aid Committee. (1331)(Text)

(a) A committee shall be created known as the Delaware Intrastate Mutual Aid Committee. It shall be the committee's responsibility to hold, at a minimum, annual meetings to review the progress and status of statewide mutual aid, assist in developing methods to track and evaluate activation of the system and to examine issues facing participating political subdivisions and fire, rescue, and emergency medical service provider organizations regarding the implementation of this chapter. The Director of the Delaware Emergency Management Agency shall chair the committee. The committee may prepare an annual report on the condition and effectiveness of mutual aid in the State of Delaware, make recommendations for correcting any deficiencies, and submit that report to the Delaware General Assembly. Members of the committee shall serve a 2-year term and shall be appointed by the Governor of the State of Delaware. (1332)

(b) The membership of the committee shall consist of: (1333)

(1) The President of the Delaware Volunteer Firefighter's Association, or designee; (1334)

(2) The President of the Delaware State Fire Chief's Association, or designee; (1335)

(3) A representative from each of the county emergency management agencies; (1336)

(4) A representative from the League of Local Governments; (1337)

(5) A representative from the Delaware State Police Chief's Council; (1338)

(6) A representative from the city of Wilmington emergency management agency; (1339)

(7) The Director of the Delaware Emergency Management Agency; (1340)

(8) A representative from a municipality with a population less than 50,000 from each county; (1341)

(9) The Superintendent from the Delaware State Police; or designee. (1342)

(10) A representative from the Delaware National Guard; (1343)

(11) The Director of the Delaware State Fire School or designee; and (1344)

(12) Other representatives as deemed necessary by the Director of the DelawareEmergency Management Agency. (1345)

(75 Del. Laws, c. 182, Sec. 1; 77 Del. Laws, c. 378, Sec. 1.) (1346)

Sec. 3203. Statewide Mutual Aid System. (1347)(Text)

All political subdivisions and fire, rescue, and emergency medical service provider organizations within the State of Delaware are, upon enactment of this chapter automatically a part of the statewide mutual aid system. A political subdivision or fire, rescue or emergency medical service provider organization within the State of Delaware may elect not to participate or to later withdraw from the system upon enacting an appropriate resolution by its governing body declaring that it elects not to participate in the statewide mutual aid system; and providing a copy of the resolution to the Director of the Delaware Emergency Management Agency. This chapter does not preclude participating political subdivisions and fire, rescue and emergency medical service provider organizations from entering into supplementary agreements with another political subdivision or fire, rescue, or emergency medical service provider organizations and does not affect any other agreement to which a political subdivision or fire, rescue or emergency medical service provider organization may currently be a party to, or decide to be a part to. (1348)

(75 Del. Laws, c. 182, Sec. 1.) (1349)

Sec. 3204. Definitions. (1350)(Text)

(a) "Emergency responder" is a law enforcement officer, firefighter, emergency management responder, hazardous materials responder, or emergency medical services responder. (1351)

(b) "Fire, rescue or emergency medical service provider organization" is any fire, rescue or emergency medical service provider organization recognized by the State Fire Prevention Commission." (1352)

(c) "Locally-declared emergency" is an emergency as declared by a political subdivision. (1353)

(d) "Political subdivision" is any town, city or county within the State of Delaware. (1354)

(e) "Support responder" is any municipal, county, or state employee, who is not an emergency responder, with special skills, qualifications, training, knowledge and experience in the public or private sectors that would be beneficial to a participating political subdivision in response to a locally declared emergency as defined in any applicable law or ordinance or authorized drill or exercises; and who is requested and/or authorized to respond. Under this definition, a support responder may or may not be required to possess a license, certificate, permit or other official recognition for their expertise in a particular field or area of knowledge. (1355)

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