[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;
d. Any violation of the rules and regulations of the Fire Department;
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. 1-48]
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]
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.
[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]
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]