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 Joint Base Cape Cod fire department.
''Department'', the Joint Base Cape Cod fire department.
''Joint Base Cape Cod'', 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 Joint Base Cape Cod fire department. The department shall provide air crash crew and fire protection services on the Joint Base Cape Cod. The department shall be under the supervision and control of the chief of the Joint Base Cape Cod fire department.
The chief shall be appointed by the adjutant general and may be removed by the adjutant general for cause after a hearing. The chief shall have charge of extinguishing fires on the Joint Base Cape Cod and the protection of life and property in the event of fire, aircraft mishap or explosion. The chief shall enforce all applicable state and federal fire laws and codes. The chief shall purchase, subject to the approval of the adjutant general or the adjutant general's 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 the adjutant general's designee may prescribe.
The chief shall enter into mutual aid agreements with surrounding cities and towns as necessary. The chief 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. The chief shall appoint a deputy chief and such officers and firefighters as the chief considers necessary and may remove the deputy chief, officers and firefighters for cause after a hearing, subject to 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 General Laws establishing a civil service system. New uniformed members of the department shall be subject to sections 61A and 61B of chapter 31.
Except as otherwise provided in this section, the chief shall administer the department. The chief shall make rules and regulations for its operation, shall report annually to the adjutant general or the adjutant general's designee on the condition of the department and at such other times as the adjutant general or the adjutant general's designee shall request.
Structure Massachusetts General Laws
Part I - Administration of the Government
Section 3 - Organized and Unorganized Militia
Section 4 - Organized Militia, Composition
Section 4a - National Lancers; Organization
Section 4b - The 54th Massachusetts Volunteer Regiment; Organization
Section 5 - Powers of Commander-in-Chief; Regulations
Section 6 - Powers of Commander-in-Chief; Increase in Forces
Section 6a - Powers of Commander-in-Chief; Delegation of Authority
Section 7 - Powers of Commander-in-Chief; Name and Location of Units; Rank of Personnel
Section 9 - Powers of Commander-in-Chief; Disposition of Inefficient Units
Section 10 - Armed Forces of Commonwealth; Composition
Section 11 - National Guard; Composition
Section 15 - State Staff; Composition; Qualifications; Tenure
Section 19a - Armory Commission Within Military Division
Section 22 - Eligibility for Appointment Without Professional Examination
Section 23 - Officers; Appointment
Section 25 - Officers; Performance of Duties; Prerequisites
Section 27 - Seniority of Officers; Determination
Section 29 - Discharge of Officers; Grounds
Section 30 - Certificate of Discharge; Form
Section 31 - Discharge of Officers or Noncommissioned Officers for Superannuation; Retirement
Section 32 - Discharge or Retirement for Disability
Section 33 - Retired Officers and Non-Commissioned Officers; Duties; Compensation
Section 34 - Enlisted Personnel; Regulations
Section 35 - Enlisted Personnel; Appointments and Promotions
Section 36 - Dishonorable Discharge
Section 38 - Use of Militia; Escort Duties; Emergencies
Section 39 - Use of Militia Outside the Commonwealth
Section 40 - Use of Militia; Invasion or Insurrection
Section 43 - Written Orders; Conditions; Contents
Section 44 - Unit Called Into Service; Duties of Commander
Section 47 - Excuse From Duty Upon Physician's Certificate of Disability
Section 48 - Expenses of Militia; Source of Funds
Section 51 - Occupation of Land and Buildings; Exceptions; Liability for Damages
Section 52 - Damages to Lands; Compensation
Section 53 - Immunity From Liability for Damages Caused While Performing Military Duty
Section 54 - Additional Forces; Source
Section 55 - Unorganized Militia; Method of Impressing Into Service
Section 56 - Term of Enlistment; Training
Section 60 - Training of Armed Forces
Section 62 - Meetings of Instruction for Officers; Frequency
Section 64 - Exclusion of Traffic From Public Ways and Highways During Target Practice
Section 66 - Obstructing or Interfering With Armed Forces; Penalty
Section 67 - Decorations and Awards; Qualifications
Section 67a - Medal of Liberty
Section 68 - Recognition for Competitions or Outstanding Military Service
Section 81 - Oaths; Administration
Section 83 - Pay and Allowances for Certain Duties
Section 88 - Death or Disability Compensation
Section 88b - Group Life Insurance; Partial Payment of Premium by Commonwealth
Section 88c - State Sponsored Life Insurance
Section 89 - Use of Private Automobiles; Conditions
Section 90 - Board of Compensation; Powers and Duties; Payment of Claims
Section 94 - Persons Temporarily Employed by Armed Forces; Status; Right to Compensation
Section 96 - Authorization; Administration; Bond of Custodian; Distribution on Disbandment of Unit
Section 97 - Allowances for Administration and Maintenance
Section 99 - Unauthorized Use of Uniform; Penalties
Section 101 - Unit Clothing and Equipment; Issuance
Section 102 - Unit Clothing and Equipment; Regulation of Use
Section 103 - Use, Care and Return of Military Property
Section 105 - Loss or Damage to Military Property; Liability; Restitution
Section 107 - Unlawful Purchase or Possession of Military Property; Penalty
Section 108 - Custodians of Military Property; Bond; Duties; Accountability
Section 109 - Use of Schedule Bonds
Section 110 - Premiums on Bonds; Payment
Section 111 - Custodians of Military Property; Powers and Duties
Section 112 - Accounting for Military Property Upon Change of Command or Disbandment
Section 113 - Inspection and Condemnation of Military Property; Reports
Section 114 - Lease of Military Property
Section 116 - Acceptance of Gifts
Section 117 - Establishment; Responsibility of Cities and Towns; Penalty for Noncompliance
Section 119 - Rental Bills; Contents; Filing; Payment
Section 120 - Armories Furnished by State; Effect on Municipal Responsibility
Section 122 - Lease, Rent or Use of Armory for Nonmilitary Purpose
Section 130 - Drills or Parades by Armed Citizens or Foreign Troops; Conditions
Section 131 - Unauthorized Parades by Armed Citizens; Unlawful Maintenance of Armories; Penalties
Section 132 - Ancient and Honorable Artillery Company; Rights Preserved
Section 133 - Civil Officers; Penalties for Violation of Chapter
Section 134 - Corps of Cadets; Rights Preserved
Section 135 - National Guard; Representation at Conventions
Section 137 - National Guard Education Assistance Program
Section 138 - Joint Base Cape Cod Fire Department
Section 139 - Protection of Assets Classified as Vital to National Security