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:

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

(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.

(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.

(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.

75 Del. Laws, c. 182, § 1.