[Adopted as Ch. 4, Art. I, Secs. 4-1-1 through 4-1-11 of the 1972 City Code; amended 2-19-1998 by Ord. No. 86-25]
A. 
The Fire Department of the City of Las Vegas consists of paid personnel under the supervision of the Operations and Inspection Officer. Additionally there exists the following volunteer Fire Departments: The E. Romero Hose and Fire Company and Company Number One, each of which shall consist of a Chief, Assistant Chief and as many firemen as may be necessary from time to time.
B. 
To qualify to be a member of the volunteer departments, the applicant (trainee) must serve a one-year probation period. After the one-year probation period, the trainee may be voted by members for consideration as a full member. If a trainee receives three negative votes, he shall remain a trainee until a recommendation is made by an officer to reconsider him as a fire member.
A. 
The Fire Department shall be operated and managed in accordance with such Department rules and regulations as may be adopted by the Operations and Inspections Officer for the Fire Department for paid personnel. The Operations and Inspection Officer in conjunction with the Volunteer Chief of each respective volunteer company shall adopt Rules and Regulations for volunteer firemen. The regulations must also meet the approval of the City Manager.
B. 
The Fire Department Rules and Regulations shall include and be in conformity with the New Mexico State Rules and Regulations relating to Fire Prevention and Life Safety in Public Occupancies.
C. 
The Fire Department shall enforce City ordinances and state statutes pertaining to fires or fire prevention.
The Fire Inspections and Operations Officer shall be a paid, full-time City employee, hired by the City Manager and subject to the Personnel Rules of the City. The Fire Inspections and Operations Officer shall:
A. 
Directly supervise all paid employees of the Fire Department;
B. 
Develop internal operating policies and procedures, standards, documentation requirements, plans and programs for paid personnel;
C. 
Enforce established departmental and applicable administrative policies, procedures and standards, documentation requirements, laws and rules and regulations for paid personnel;
D. 
Implement approved plans and programs with notice to the City Manager;
E. 
Provide direction, assistance and training to Department paid personnel;
F. 
Respond to fire alarms, rescue calls and, when necessary, direct the preparation of equipment for fires and, following the chain of command, will participate with paid personnel and/or volunteer firemen in firefighting and suppression;
G. 
At the fire scene, be responsible for determining the fire origin and the fire cause, but not limited to:
(1) 
Making necessary requests to appropriate agencies for assistance in the investigation of fire and/or other related emergencies;
(2) 
Correlate and analyze information during the investigation to make a fire cause determination;
(3) 
Preserve and safeguard evidence relevant to fire for determining cause and for possible criminal prosecution;
(4) 
Use of appropriate equipment at the fire scene to re-create fires and determine fire origin, analyze fire spread for use as evidence, if necessary, in court actions;
(5) 
Be responsible for the proper interviewing of offenders, witnesses and victims as prescribed by law;
(6) 
Write reports as required in the investigation process;
H. 
Use proper search and seizure methods as prescribed by law;
I. 
Represent the Fire Department in court proceedings as relating to fire investigations;
J. 
Be responsible for the paid personnel and equipment assigned to the Fire Department to insure efficient receipt and dispatch of alarms relevant to emergency situations;
K. 
Be responsible for insuring the correction of equipment malfunctions;
L. 
Enforce the provisions of the Personnel Rules and Regulations and/or policies established by the City of Las Vegas;
M. 
Supervise the maintenance of the daily leave and duty records for all paid personnel;
N. 
Perform other related duties as necessary or as assigned by the City Manager;
O. 
Be responsible for operating budget monitoring and operating budget preparation for monies budgeted to the Fire Department;
P. 
Inspect buildings and premises and serve written notice upon the owner or occupant to abate within a specified time any and all fire hazards that may be found. For purpose of conducting such inspection, the Operations and Inspections Officer, or his designee, may, in accordance with relevant laws concerning the same, enter any and all buildings and premises within the municipality at any reasonable hour. Any person served with a notice to abate any fire hazard shall comply therewith and promptly notify the Operations and Inspections Officer of the remedial measures taken;
Q. 
Keep complete records of all fires, inspections, apparatus and equipment and other information concerning operations of the Department and shall furnish the City Council with such information as may be requested, and such records shall be open to public inspection at all reasonable times;
R. 
Must possess a valid Class E operators driver's license and be insurable by the City's insurance carrier.
The Chief and Assistant Chief of each of the Volunteer Fire Department shall be elected by the members of their respective Volunteer Fire Department. The Chief shall:
A. 
Be accountable to the Operations and Inspection Officer for the moral and general efficiency of the volunteer firemen.
B. 
Direct the operations of the Fire Department volunteers, subject to the rules and regulations adopted by and approved by the City Council;
C. 
In conjunction with the Operations and Inspections Officer, conduct suitable drills or instructions in the operation of handling of equipment, first aid, rescue work, salvage, study of buildings in the municipality, and all other matters generally considered essential to adequate fire protection and safety of life and property from loss of fire;
D. 
Keep complete records of volunteer personnel and other information concerning operations of the Department and furnish the City Council with such information as may be requested. Such records shall be open to public inspection at all reasonable times;
E. 
Enforce, cause to be enforced, all ordinances, laws and regulations of the City and state, insofar as they pertain to fire safety;
F. 
Not have the authority to enter into any contracts binding upon the City, except such as shall be specifically authorized by the City Council or by the City Manager, acting pursuant to authority granted by the City Council;
G. 
Insure that each volunteer fireman authorized to drive City fire equipment or apparatus has a valid New Mexico driver's license;
H. 
Conduct ongoing criminal background investigation of every applicant. Volunteer Fire Chiefs and officers will be subject to random ongoing drug testing. Failure to pass a drug test and past criminal convictions for matters involving theft and moral turpitude will disqualify them as a volunteer;
I. 
Make recommendation in writing to Operations and Inspection Officer regarding disciplinary action of volunteers for any impropriety at volunteers service at an "at will" capacity and do not acquire any property rights as volunteers at fire scenes;
J. 
The City Personnel Rules and Regulations shall govern the procedure taken.
A. 
Such appointees shall reside within the City or no further than five miles outside of the City limits and meet the criteria of this article.
B. 
To qualify as a volunteer the applicant must be 21 years of age. Applicant must disclose whether he/she has been convicted of a crime. If yes, applicant must explain. The volunteer will be subject to ongoing random drug testing. Alcohol intake is prohibited 24 hours prior to any emergency call.
C. 
Any disciplinary action regarding volunteer firemen, including but not limited to demotion, dismissal, suspension, neglect or refusal to perform departmental duties, shall be taken pursuant to the rules, regulations and/or bylaws of the respective volunteer Fire Department.
D. 
Person convicted of a felony within 15 years and/or crimes involving theft or moral turpitude will be disqualified as a volunteer for service.
Fire equipment operators and firefighters are paid personnel and shall be appointed as per City Rules and Regulations. Their duties shall include the following:
A. 
Drive and operate fire trucks, rescue units and fire equipment in emergency and nonemergency situations;
B. 
Perform other firefighting and maintenance-related tasks as directed by the Operations and Inspections Officer;
C. 
Act under direct supervision of the Operations and Inspection Officer at emergency response scenes and training sessions and abide by orders issued out by the highest ranking officer in charge;
D. 
The highest ranking fire equipment operator shall be in charge of the fire scene in the absence of the Operations and Inspection Officer. If the Operations and Inspection Officer has assigned a person to be in charge of his duties while on vacation, sick leave, or attending a seminar, the person left in charge shall be in charge of the fire scene;
E. 
Be subject to the Fire Department's General Policy (Resolution No. 77-16 and to the Personnel Rules and Regulations of the City). This subsection does not apply to volunteer firemen; and
F. 
Must posses a valid Class E operators driver's license and be insurable by the City's insurance carrier.
It shall be lawful for any fireman acting under the direction of the Operations and Inspections Officer, or another officer in command, to enter upon the premises adjacent to or in the vicinity of any building or other property that is on fire. No person shall hinder, resist or obstruct any fireman in the discharge of his duty as hereinabove provided.
A. 
The Department shall make its best effort to be equipped with such apparatus and other equipment as may be required to maintain its efficiency and provide adequate protection. Recommendations for acquisition of necessary equipment and facilities shall be made by the Operations and Inspections Officer upon approval by the City Council and if money is available shall be purchased by the City pursuant to the Procurement Code. In case of an emergency the person left in charge in the absence of Inspections Officer may purchase small items when repairs of equipment are needed upon approval of the City Manager and shall be purchased by the City pursuant to the Procurement Code.
B. 
All equipment of the Department shall be safely and conveniently housed in such a place or places as may be designated by the City Council. No person shall use any fire apparatus or equipment for any private purpose, nor shall any person willfully take away or conceal any article used in any way by the Department. No person shall enter any place where apparatus is housed or handle any apparatus or equipment belonging to the Department unless accompanied by or having special permission of an officer or authorized member of the Department.
C. 
No fire apparatus or equipment shall be hired out for private use. No apparatus or equipment may be loaned, on a nonemergency basis, to any individual or organization without the written approval of the City Manager.
The City Council may from time to time enter into agreements, for the joint use of facilities, buildings and equipment, with fire districts organized under the laws of the State of New Mexico.
The City Council is hereby authorized to enter into agreement or contracts to furnish fire protection outside the municipality or to enter into mutual aid agreements. The members of the Fire Department are authorized and directed to render firefighting services to communities, organizations, owners and occupants of premises outside the corporate limits of the City when such area has entered into a mutual aid agreement with the City. Such services shall only be rendered subject the terms of the agreement or contract entered into by the City.
Each paid personnel or volunteer member of the Department driving a vehicle shall be issued suitable insignia to be attached to their personal vehicle indicating their status. The City shall provide such identification to each fireman. The driver of an authorized emergency vehicle shall operate such vehicle pursuant to NMSA 1978, § 66-7-6. No person shall drive any vehicle over a hose except upon specific orders from the Operations and Inspections Officer, or other officer in charge where the hose is used. All paid and volunteer firemen must provide proof of current vehicle insurance for personal vehicles used for emergency response. Immediately notify the Operations and Inspection Officer if insurance is canceled (but not later than three working days after such cancellation). If proof of insurance is not submitted, equipment will be removed from firemen.