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Delaware Laws | Title 20 Military and Civil Defense
CHAPTER 32. INTRASTATE MUTUAL AID COMPACT
Sec. 3204. Definitions.

(75 Del. Laws, c. 182, Sec. 1.) (1356)

Sec. 3205. Participating political subdivisions responsibilities. (1357)(Text)

It shall be the responsibility of each participating political subdivision with jurisdiction over and responsibility for emergency management within that certain subdivision to do the following: (1358)

(1) Identify potential hazards that could affect the participant using an identification system common to all participating jurisdictions. (1359)

(2) Conduct joint planning, intelligence sharing and threat assessment development with contiguous participating political subdivisions, and conduct joint training at least biennially. (1360)

(3) Identify and inventory the current services, equipment, supplies, personnel and other resources related to planning, prevention, mitigation, response and recovery activities of the participating political subdivision. (1361)

(4) Adopt and put into practice the standardized incident management system approved by the Director of the Delaware Emergency Management Agency. (1362)

(75 Del. Laws, c. 182, Sec. 1.) (1363)

Sec. 3206. Implementation. (1364)(Text)

A participating political subdivision may request assistance of other participating political subdivisions or fire, rescue or emergency medical service provider organizations in preventing, mitigating, responding to and recovering from disasters that result in locally-declared emergencies or in concert with authorized drills or exercises as allowed under this chapter. Requests for assistance shall be made through the chief executive officer of a participating political subdivision or the chief executive officer's designee. Requests may either be verbal or in writing and are not required to go directly to the Director of the Delaware Emergency Management Agency but in all cases will be reported to the Director as soon as is practical. Verbal requests will be followed up with a written request as soon as is practical but in no event later than 15 days. (1365)

(75 Del. Laws, c. 182, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (1366)

Sec. 3207. Limitations. (1367)(Text)

A participating political subdivision or fire, rescue or emergency medical service provider organization's obligation to provide assistance in the prevention of, response to and recovery from a locally-declared emergency or in authorized drills or exercises is subject to the following conditions: (1368)

(1) A participating political subdivision requesting assistance must have either declared a state of emergency or authorized drills and exercises. (1369)

(2) A responding participating political subdivision or fire, rescue or emergency medical service provider organization may withhold resources to the extent necessary to provide reasonable protection and services for its own jurisdiction. (1370)

(3) Emergency response and support response personnel of a responding participating political subdivision or fire, rescue or emergency medical service provider organization shall continue under the command and control of their responding subdivision or organization to include medical protocols, standard operating procedures and other protocols, but shall be under the operational control of the appropriate officials within the incident management system of the participating political subdivision receiving the assistance. (1371)

(4) Assets and equipment of a responding participating political subdivision or fire, rescue or emergency medical service provider organization shall continue under the control of their responding subdivision or organization, but shall be under the operational control of the appropriate officials within the incident management system of the participating political subdivision receiving the assistance. (1372)

(75 Del. Laws, c. 182, Sec. 1.) (1373)

Sec. 3208. License, certificate and permit portability. (1374)(Text)

If a person or entity holds a license, certificate or other permit issued by a participating political subdivision or for the State of Delaware evidencing qualification in a professional, mechanical or other skill and the assistance of that person or entity is requested by a participating political subdivision, the person or entity shall be deemed to be licensed, certified or permitted in the political subdivision requesting assistance for the duration of the declared emergency or authorized drills or exercises and subject to any limitations and conditions the chief executive of the participating political subdivision receiving the assistance may prescribe by executive order or otherwise. (1375)

(75 Del. Laws, c. 182, Sec. 1.) (1376)

Sec. 3209. Reimbursement, disputes regarding reimbursement. (1377)(Text)

Any requesting political subdivision shall reimburse the participating political subdivision or fire, rescue or emergency medical service provider organization rendering aid under this system. A participating political subdivision or fire, rescue or emergency medical service provider organization providing assistance may determine to donate assets of any kind to a receiving participating political subdivision. Such requests for reimbursement shall be in accordance with procedures developed by the Delaware Intrastate Mutual Aid Committee. (1378)

Should a dispute arise between parties to the system regarding reimbursement, involved parties will make every effort to resolve the dispute within 30 days of written notice of the dispute by the party asserting noncompliance. In the event that the dispute is not resolved within 90 days of the notice of the claim, either party may request the dispute be solved through arbitration. Any arbitration under this provision shall be conducted under the commercial arbitration rules of the American Arbitration Association. (1379)

(75 Del. Laws, c. 182, Sec. 1.) (1380)

Sec. 3210. Development of guidelines and procedures. (1381)(Text)

The Delaware Intrastate Mutual Aid Committee shall develop comprehensive guidelines and procedures that address, including but not limited to, the following: projected or anticipated costs, checklists for requesting and providing assistance, record keeping for all participating political subdivisions, reimbursement procedures and other necessary implementation elements along with the necessary forms for requests and other records documenting deployment and return of assets. (1382)

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