§ 78.051.Definitions

Four definitions for a 1997 subchapter addressing one specific arrangement.

"Nonprofit fire department" means an organization that is 501(c)(4) exempt, composed of member owners, and organized to offer fire protection, prevention, and inspection services and emergency response services including rescue, emergency medical, and hazardous material response.

"Composed of member owners" is the distinguishing feature. These are cooperative departments owned by those who serve in them — a structure common in industrial and port areas where several employers share fire protection.

"Fire fighter" means an employee of a nonprofit fire department, so this subchapter covers paid personnel — unlike the volunteer subchapter that follows.

"Fire emergency" is broad: an emergency response involving fire protection or prevention, rescue, emergency medical, or hazardous material response services.

"Governmental unit" takes its meaning from the Tort Claims Act, which is the whole point of the subchapter — the liability standard it imposes is that Act's, applied by reference.

The subchapter exists because a nonprofit department under contract to a port authority does public firefighting work without being a governmental unit, and would otherwise face ordinary liability the public department it serves alongside does not.