Chapter 9.05
FIRE DEPARTMENT

Sections:

9.05.010    Created.

9.05.020    Duties of the department.

9.05.030    Personnel generally.

9.05.040    Constitution and bylaws.

9.05.050    Compensation.

9.05.060    Duties and functions of fire chief.

9.05.070    Qualifications and other requirements of the fire chief.

9.05.080    Additional duties of fire chief.

9.05.090    Mutual aid agreements and calls outside town.

9.05.100    Fire department petty cash fund.

9.05.010 Created.

There is hereby created a fire department for the town of Highland. [Ord. 1389 § 1, 2008. Code 2000 § 50.01].

9.05.020 Duties of the department.

(A) It shall be the duty of the fire department to provide the following public safety and emergency services:

(1) Fire protection, including the capability for extinguishing all fires that might be reasonably expected because of the types of improvements, personal property, and real property within the boundaries of the town.

(2) Fire prevention, including identification and elimination of all potential and actual sources of fire hazard.

(3) Hazardous material spills and incidents response.

(4) Emergency rescue and preservation of life and vertebrate animals.

(5) Other purposes or functions related to fire protection and fire prevention.

(B) The fire department may provide the public safety and emergency services set forth in this chapter outside the boundaries of the town in consequence of an intergovernmental agreement, mutual aid and response or other agreements, made pursuant to IC 36-1-7. [Ord. 1389 § 1, 2008. Code 2000 § 50.02].

9.05.030 Personnel generally.

(A) Subject to the authorization of the town council, the fire department shall consist of a fire chief, several assistant chiefs and such other officers and persons as may be deemed necessary to effectively preserve life and property in case of fire and/or other emergencies, promoting the prevention of such fire and other emergencies through fire safety education and enforcement of relevant ordinances and/or laws within the town.

(B) The fire chief shall be a full-time position subject to the following:

(1) The fire chief shall be appointed by the town council upon receiving a recommendation from the personnel committee of the Highland firemen’s association. The town council reserves the right to reject any recommendation from the personnel committee and direct that another recommendation be made.

(2) The fire chief shall be a fire fighter who has had no less than 1,000 hours of actual fire fighting experience and has completed the basic fire-fighting course, as prescribed by the office of the state Fire Marshal.

(3) The fire chief shall enter into a contract with the town with regard to the services to be performed and the full-time fire chief position shall be a PERF-covered position.

(4) The fire chief’s position shall also include all of the duties of the fire inspector. The fire chief shall be paid in the amount and manner set forth in the most recently adopted wage and salary ordinance as may be amended from time to time for the performance of the duties associated with the position.

(C) The department shall be staffed and operated by officers and members of the Highland firemen’s association. [Ord. 1389 § 1, 2008. Code 2000 § 50.03].

9.05.040 Constitution and bylaws.

The Highland volunteer fire department shall operate in accordance with its constitution and bylaws, incorporated herein by reference and made a part of this code, with two copies on file in the office of the clerk-treasurer and available for public inspection, pursuant to IC 36-1-5-4. The constitution and bylaws shall govern the fire department, except where it is in conflict with Indiana law or this code. [Ord. 1389 § 1, 2008; Amended during 2012 recodification. Code 2000 § 50.04].

9.05.050 Compensation.

(A) The fire chief, such assistant chiefs as may be authorized, and other officers, shall each be paid for his or her services as necessitated by his rank and position in the department in the amount and manner set forth in the most recently adopted wage and salary ordinance as may be amended from time to time.

(B) All members of the fire department shall be paid in the amount and manner set forth in the most recently adopted wage and salary ordinance as may be amended from time to time, for time actually devoted to the following activities, tasks or duties:

(1) Answering to fire calls and fighting of any fire; or

(2) Conducting or assisting the fire chief/inspector in performing fire inspections; or

(3) Performing certain work details related to response readiness or preparedness that may be authorized by the fire chief. These do not include activities that are custodial in nature which are paid at a different rate; or

(4) Performing certain maintenance details that may be authorized by the fire chief. These do not include activities that are custodial in nature, which shall be paid at a different rate.

(C) All other employees as may be authorized for the department shall be paid in the amount and manner set forth in the most recently adopted wage and salary ordinance as may be amended from time to time for performing such duties that are consistent with the purposes of this chapter.

(D) The officially appointed fire department mechanic shall be paid in the amount and manner set forth in the most recently adopted wage and salary ordinance as may be amended from time to time for his duties relative to the routine maintenance and inspection of all fire department vehicles and/or equipment.

(E) Each and every regular member of the fire department shall be paid in the amount and manner set forth in the most recently adopted wage and salary ordinance as may be amended from time to time for his/her actual attendance at monthly fire department membership meetings.

(F) Each and every regular fire department member shall be paid in the amount and manner set forth in the most recently adopted wage and salary ordinance as may be amended from time to time for attending local informal training classes devoted to firefighting methods, as authorized by the chief.

(G) The department shall not employ anyone who was a municipal employee from another department whose work is at a different type of work for which different straight-time rates have been established, triggering the payment of a rate at weighted average, pursuant to the Fair Labor Standards Act. [Ord. 1389 § 1, 2008; Amended during 2012 recodification. Code 2000 § 50.05].

9.05.060 Duties and functions of fire chief.

(A) The fire chief/fire inspector shall manage all activities of the Highland fire department and perform such other duties as may be assigned by this code including serving as the chair of the exigency incident/disaster committee, and the preparation and maintenance of the disaster response plan.

(B) Under the general direction of the town council, the fire chief shall manage all activities of the fire department.

(C) The fire chief enforces state and town laws, statutes, codes, regulations and ordinances and departmental policies, interprets laws, statutes, codes, regulations, ordinances, and policies and develops procedures to support uniform execution of all laws, statutes, codes, ordinances, and regulations.

(D) The fire chief conducts fire inspections of multifamily residential, commercial and industrial occupancies to ensure compliance to the town’s fire code and regulations.

(E) The fire chief appoints and directly supervises assistant chiefs who perform combat, training and administrative duties as prescribed by the chief. The fire chief conducts semi-annual performance appraisals and provides ongoing coaching and counseling. He or she communicates orders and information and makes work assignments.

(F) The fire chief has overall responsibilities for staffing, including the interviewing for all department positions, vacancies, and the hiring, disciplining and recommended dismissal of the fire department’s civilian and uniformed volunteer employees.

(G) The fire chief has budgetary responsibility for the department. He or she authorizes all expenditures within the budget approved by the town council, subject to IC 5-11-10-1.6, 6-1.1-17, 6-1.1-18 and 36-5-4 et seq.

(H) The fire chief oversees the recordkeeping operation to ensure that methods used are accurate and adhere to state and town requirements.

(I) The fire chief maintains custody and full charge of all of the department’s buildings, apparatus and equipment.

(J) The fire chief attends all department head meetings and public meetings of the town council. He or she may represent the town at various other meetings.

(K) The fire chief may serve as the department’s spokesperson to the press and the public. He or she may appear before the civic groups and the media to inform, educate, or answer questions regarding the operation of the department. [Ord. 1389 § 1, 2008. Code 2000 § 50.06].

9.05.070 Qualifications and other requirements of the fire chief.

(A) The person serving as fire chief shall possess the following attributes and job qualifications:

(1) Relevant Knowledge. The fire chief shall have a thorough knowledge of and ability to interpret and apply state and town fire prevention and building construction codes and ordinances, and department policies and procedures and directives; leadership supervisory and training skills; investigatory skills; fire report writing skills; reading skills; strong public speaking skills; thorough understanding of capital and operational budgeting practices; ability to respond to varying situations with tact and diplomacy and deal with stressful or irrational persons; able to make split-second decisions that could affect the well-being of the public and the department.

(2) Experience. The fire chief shall possess the relevant, meaningful experience as a firefighter as required by the Highland fire department rules and regulations, and the Highland firefighters’ association constitution as adopted by this code, incorporated herein by reference and made a part of this code, with two copies on file in the office of the clerk-treasurer and available for public inspection, pursuant to IC 36-1-5-4. In addition, college education or related academic education or experience is preferred.

(3) Machines, Tools, Equipment, Software. The fire chief must have a knowledge of and ability to operate various firefighting apparatuses and equipment, a typewriter, computer terminal, telephone, two-way radio, computer hardware, computer software and various office supplies.

(4) Licenses, Certificates, Age. The fire chief should possess a National Fire Prevention Association (NFPA) Fire Officer 1 certificate or a masters rating in either tactics or management pursuant to the Indiana Firefighting Standards, a valid hazardous material technician certificate, a valid Indiana driver’s license and should be at least 21 years of age.

(B) In addition to any other prescribed by the constitution of the Highland firefighters’ association, before entering into the duties of the position, the fire chief shall be required to take and subscribe an appropriate oath of office as set forth in IC 5-4-1 et seq., with such oath to be filed in the office of the clerk-treasurer. [Ord. 1389 § 1, 2008; Amended during 2012 recodification. Code 2000 § 50.07].

9.05.080 Additional duties of fire chief.

The fire chief or his designee shall maintain an accurate record of time that members actually devoted to answering of fire alarms and attending and/or fighting any fires, make necessary computations, and, in addition, keep a record of those attending the monthly fire drills or classes of instruction. The fire chief shall arrange to have proper accounts payable vouchers filed with the clerk-treasurer, pursuant to IC 5-11-10-1.6 and 36-5-4 et seq. [Ord. 1389 § 1, 2008. Code 2000 § 50.08].

9.05.090 Mutual aid agreements and calls outside town.

(A) The fire chief with the advice and consent of the town council is authorized to enter into agreements or contracts with nearby incorporated communities or governing bodies of other organizations to establish a mutual aid system.

(B) No apparatus shall be hired out or permitted to leave the town except in response to a call for aid at a neighboring community without the fire chief’s consent. The officer in charge of the department shall have power to assign equipment for response to calls for outside aid in accordance with subsection (A) of this section, and in other cases only when the absence of such equipment will not jeopardize protection of the town. [Ord. 1389 § 1, 2008. Code 2000 § 50.09].

9.05.100 Fire department petty cash fund.

(A) There is hereby authorized, created and established a petty cash fund for use by the fire department to be known as fire department petty cash fund, pursuant to the provisions of IC 36-1-8 et seq.;

(B) The fire chief and such employees as he may designate are permitted to use it to pay small, emergency or exigent items of operating expense, according to guidelines that the municipal fiscal officer may establish, in order to support the duties outlined in and to carry out the purposes of this chapter:

(1) The fire chief is permitted to establish a petty cash fund pursuant to this section;

(2) Such a fund must be established by a warrant drawn upon the appropriate fund in favor of the fire chief, who is the custodian of the fund;

(3) Each expenditure from the petty cash change fund shall be supported by a receipt;

(4) The fire chief, as custodian of the fund, or his designee, shall periodically file a voucher, with all original receipts totaling the cash claimed expended being attached to it, in support of the reimbursement of expenditures from the fund;

(5) Reimbursement must be approved and allowed at any regular or special meeting of the town council and made in the same manner as is required for other expenditures of the fire department;

(C) The fund shall be established by a warrant drawn from the proper appropriated or nonappropriated balance of the corporation general fund, as the town council may direct, in the amount of $100.00, in support of the establishment of such a petty cash fund:

(1) The establishing warrant and such successive warrants as shall be necessary to resupply the fund shall be drawn in favor of the fire chief who shall convert the warrant to cash;

(2) The fire chief shall account for it in the same manner as is required of other funds of the town;

(D) The entire petty cash fund authorized and established pursuant to this section shall be returned to the corporation general fund whenever there is a change in the custodian of the fund or whenever the purposes of the fund have substantially changed or the fund is no longer needed. [Ord. 1537 § 1, 2013].