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A. Hazardous materials emergency assistance agreements which are executed prior to a hazardous materials incident shall include the following terms and conditions:

1. The person requested to assist shall not be obligated to assist;

2. The person requested to assist may act only under direction of the incident commander or his representative;

3. The person requested to assist may withdraw his assistance if he deems the actions or directions of the incident commander to be contrary to accepted hazardous materials response practices;

4. The person requested to assist shall not profit from rendering the assistance;

5. The person requested to assist shall not be a public employee acting in his official capacity within the boundaries of his political subdivision;

6. Any person responsible for causing the hazardous materials incident shall not be covered by the liability standard defined in AMC 2.46.020.

B. It is the responsibility of both parties to ensure that mutually agreeable procedures are established when assistance is requested, for recording the name of the person whose assistance is requested, and the time and date of the request, which records shall be retained for three years by the fire department. A copy of the official incident command agency designation shall be a part of the assistance agreement specified in this section.

(Ord. 6516, Added, 09/14/2011)