[Prior Code, Sec. 1-41]
There shall be a Fire Department as created by the City Charter, Section 70, which shall consist of a Chief, an assistant Chief, and such other personnel as the Council may authorize.
[Prior Code, Secs. 1-42, 1-59]
The Chief, assistant Chief, and firefighters shall be appointed by the Mayor by and with the consent and confirmation of the Council, and shall serve for indefinite terms, subject to removal for cause by the Mayor and Council, after a hearing held after 10 days' notice. The Chief, assistant Chief and each firefighter shall receive such compensation as may be determined by the Council.
[Prior Code, Sec. 1-43; amended 3-6-2023 by Ord. No. 1350-2023]
A. 
The Fire Department of the City is a combination Fire Department which is comprised of more than two full-time salaried fighters and at least one but not more than 25 volunteer firefighters.
B. 
For the purpose of this chapter, a volunteer firefighter means a person who is enrolled as a volunteer member of the Fire Department and who serves in such capacity without receiving a regular salary. No salaried employee of the City may be required to serve as a volunteer firefighter as a condition of their employment with the City. No salaried public safety employee of the City may serve as a volunteer firefighter unless such employee is off duty at the time of service. For the purposes of this subsection, a public safety employee is a person employed to serve as a salaried firefighter, police officer, or emergency medical technician.
C. 
A volunteer firefighter of the Fire Department shall:
1. 
Be required, when notified, to respond to alarms of fire and other emergencies;
2. 
Be required to be present at all regular meetings, call meetings and schools presented for the benefit of the firefighters;
3. 
Be dropped from the Fire Department's rolls if such volunteer firefighter has two unexcused absences in succession or three unexcused absences in a period of three months.
4. 
Notify the Chief if such volunteer firefighter is leaving the City for an extended period of time.
5. 
Be expelled from the membership rolls of the Fire Department if such volunteer firefighter refuses to attend training classes provided for him or her;
6. 
Be expelled from the membership rolls of the Fire Department for any of the following offenses:
a. 
Conduct unbecoming of a firefighter;
b. 
Any act of insubordination;
c. 
Neglect of duty;
d. 
Any violation of the rules and regulations of the Fire Department;
e. 
Conviction of a felony.
7. 
Reside in Cherokee County or in a county which immediately borders Cherokee County.
[Prior Code, Secs. 1-44, 1-56, 1-57; amended 3-6-2023 by Ord. No. 1350-2023]
A. 
The Chief shall be at the head of the Department, subject to the laws of the State, ordinances of the City and the rules and regulations adopted in this chapter. The Chief shall have the following powers and duties:
1. 
The Chief shall be responsible for the general condition and efficient operation of the Department, the training of members, and the performance of all other duties imposed upon him;
2. 
The Chief may inspect or cause to be inspected by members of the Department, the fire hydrants, cistern and other sources of water supply at least twice each year;
3. 
The Chief shall maintain a library or file of publications on fire prevention and fire protection and shall make use of it to the best advantage of all members;
4. 
The Chief shall make every effort to attend all fires and direct the officers and members in the performance of their duties;
5. 
The Chief shall see that the citizens are kept informed on fire hazards in the community and on the activities of the Department;
6. 
The Chief shall have general control and supervision of the firefighting apparatus of the City and shall see that the apparatus is maintained in good condition, ready for use as needed;
7. 
The Chief shall see that each fire is carefully investigated to determine its cause, and in the case of suspicion of incendiarism shall notify proper authorities and secure and preserve all possible evidence for future use in the case;
8. 
The Chief is authorized to enter any building or premises in the City at any reasonable hour for the purpose of making inspections and to serve written notice on owner or occupants ordering correction of violations that may be found; and
9. 
The Chief shall see that complete records are kept of all fires, inspections, apparatus and equipment, personnel and other information of the department and shall make reports to the Board as it may require; and
10. 
The Chief shall file the appropriate activity report forms with the Office of the State Fire Marshal on a quarterly basis. The activity report shall include, but not be limited to, the amount of property and vehicle fire loss, types of fires, inspections and investigations. The report shall include notification of all fire-related civilian deaths and injuries in the City and of firefighter deaths in the line of duty and of firefighter injuries in the line of duty requiring the services of a hospital or physician or both. A quarterly report shall be forwarded to the Mayor and City Council.
B. 
The Fire Chief, whether permanent or interim, shall have at least three years' actual experience as a paid firefighter before assuming the position of Fire Chief.
[Prior Code, Sec. 1-45]
In the absence of the Chief, the assistant Chief on duty shall command the Department and be held responsible therefor in all respects with the full powers and responsibilities of the Chief. The Chief shall select the assistant Chief.
[Prior Code, Sec. 1-46]
A. 
Company officers shall be selected by the Chief based upon the following criteria:
1. 
Knowledge of firefighting;
2. 
Leadership ability; and
3. 
Knowledge of firefighting equipment.
[Prior Code, Sec. 1-47]
A. 
One member elected by the members of the Fire Department shall be a secretary-treasurer. His duties shall consist of the following:
1. 
Calling the roll at the opening of each meeting;
2. 
Keeping the minutes of each meeting; and
3. 
Collecting any money due the Department by the members.
[Prior Code, Sec. 1-48]
New members of the Department shall be appointed by the Chief and shall be on probation for one year after their appointment. Upon completion of their probation period, new members must be approved by the majority of the other members of the Fire Department.
[Added 3-6-2023 by Ord. No. 1350-2023[1]]
Each paid firefighter of the Fire Department shall be appointed as required by Section 13-202 after recommendation by the Fire Chief. Prior to appointing a paid firefighter of the Fire Department, the Fire Chief may conduct a national criminal history records check of the applicant. The applicant, upon request of the Fire Chief, shall furnish the City with two completed fingerprint cards and a money order or cashier's check made payable to the Oklahoma State Bureau of Investigation for the fee for a national fingerprint criminal history records check.
[1]
Editor's Note: This ordinance also repealed former § 13-209, Bylaws, adopted as Sec. 1-49 of the Prior Code.
[Prior Code, Sec. 1-50]
A. 
The Chief shall have the power to suspend any firefighter in the Department for any of the offenses listed in Subsection 13-209A7 of this chapter or for any of the following:
1. 
Drunkenness;
2. 
Disobedience of orders; or
3. 
Other good cause.
B. 
The Chief shall immediately after the suspension report the same to the Mayor in writing, stating the reasons for the suspension for the action of the Mayor and Council.
[Prior Code, Sec. 1-49]
The City Council by motion or resolution may adopt and change regulations relating to the Fire Department, its organization, operation and compensation. The Chief may recommend such regulations and changes to the Council at any time.
[Prior Code, Secs. 1-53, 1-54, 1-58]
A. 
No person shall use any fire apparatus or equipment for any private purpose, nor shall any person wilfully and without proper authority take away or conceal any article used in any way by the Department. No person shall enter any place where fire apparatus is housed or handle any apparatus or equipment belonging to the Department unless accompanied by, or having the special permission of, an officer or authorized member of the Department.
B. 
The Chief shall prepare and keep a complete inventory of all property belonging to the Fire Department, and shall at the expiration of his term turn over such inventory and all such property to his successor, together with all books, records, reports and data of the Department.
C. 
The Chief shall report to the City Council any necessary repairs, alterations or improvements needed by the Fire Department with an estimate of their probable cost, and shall superintend the making of the repairs, alterations or improvements, and if any apparatus shall become disabled for immediate use, he shall repair the same and report his action to the Council.
[1982 Code]
A. 
The City is hereby authorized to enter into agreements or contracts with nearby incorporated communities or governing bodies of other organizations to provide the members of such communities or organizations with fire protection or to establish a mutual aid system.
B. 
No apparatus shall be hired out or permitted to leave the limits of the City except in response to a call for aid at a fire in a neighboring community without the consent of the Chief. The officer in charge of the Department shall have power to assign equipment for response to calls for outside aid in accordance herewith, and in other cases only when the absence of such equipment will not jeopardize protection in this City. A charge shall be made for each such call outside the City limits, based on time and other factors, with a minimum charge of $500.
[1982 Code]
All regularly appointed members of the Department are hereby given the necessary special police powers for the purpose of enforcing the provisions of this chapter.
[Prior Code, Sec. 1-51]
It shall be the duty of every person at a fire to observe and obey the lawful orders of any public officer or firefighter of this City, and to offer no resistance to, or in anywise interfere with said officer and firefighter, or any company of firefighters, in the performance of their duties at any fire within the limits of this City.
[Prior Code, Sec. 1-55; amended by Ord. 1304-2020, 5-4-2020]
A. 
The Chief shall adopt all prudent measures for the prevention of fires. Whenever he has reasons to believe that the safety of property demands it, he and his authorized representatives shall have reasonable access in the daytime to any house, building or premises in this City to examine fireplaces, flues or other property or apparatus likely to cause fire, also places where ashes, gunpowder, straw, paper, shavings, hay, or other combustible or inflammable materials may be deposited, and shall give directions for the alteration or removal of the same, as he shall deem proper. Such directions shall be obeyed and complied with by the person or persons so directed immediately at their expense.
B. 
Further, the Fee Schedule as set forth in Chapter 1-3, Fees, is hereby adopted in an effort to assist with said fire prevention. Work not covered elsewhere in this schedule will fall under special inspection. See City Code 5-105. The annual inspections should coincide with the occupational licenses. City owned property and actions taken by Departments of the City of Tahlequah are exempt from the above established fees.
[Amended 4-5-2021 by Ord. No. 1320-2021]