For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Board of appeals.
The city council.
Code.
The International Fire Code, 2000 edition, as supplemented and amended, and/or the most current version.
Code official.
The fire marshal.
Fire department.
The city volunteer fire department.
Jurisdiction.
The City of Jacksboro.
Municipal officer.
Includes yet is not limited to those persons elected to serve on the city council or appointed by the city council to serve on a board, commission or other recommending or advisory body, the mayor, city manager and city secretary. "Municipal officers" do not include city employees.
(Ordinance O-15-03 adopted 8/26/2003; 1997 Code, sec. 34.01)
(a) 
The city volunteer fire department shall be recognized as the official fire department of the city.
(b) 
An agreement shall be executed which memorializes the volunteer fire department's agreement to provide emergency services to the city. Such agreement shall be reviewed annually and, if acceptable, renewed annually, subject to modification. A proposed copy of the agreement is attached to Ordinance O-15-03 (adopted 8/26/2003) as exhibit A for illustrative purposes.
(c) 
The city council may adopt any ordinances that it considers necessary for the general health, safety and welfare of the citizens of the city. The city volunteer fire department shall adhere to and enforce all such city ordinances relative to fire prevention and safety, including the code, to the extent provided for in an "Agreement For Emergency Services," as it may be amended.
(d) 
The city volunteer fire department, as an independent contractor, shall fulfill the following obligations to the city:
(1) 
Provide personnel to respond to any emergency that may arise within the city limits including, yet not limited to, fire, tornado, severe storms, building collapse, vehicle accidents, emergency medical services (when requested), floods, emergency management, and other natural or human-made emergency situations that may arise and shall require the response of the department as requested by the city.
(2) 
Assure that all members of the department are well trained and will operate under the incident command system to ensure an orderly response to these incidents.
(3) 
Assist in the maintenance and repair of equipment (including personal protective equipment, trucks, hoses, ladders, nozzles and the like) provided by the city and operate the equipment in a manner that assures the safety of operations as well as the citizens of the community.
(4) 
Hold regular training meetings, as well as attending area and state schools, to receive training and make reports to the proper agencies.
(5) 
Abide by the constitution and bylaws of the department and manage and conduct all emergency situations in a professional manner.
(6) 
Control the work and the manner in which it is performed, consistent with and subject to state statutes and applicable ordinances.
(Ordinance O-15-03 adopted 8/26/2003; 1997 Code, sec. 34.02)
(a) 
The city council may obtain fire engines and other fire protection apparatus and shall have control over the use and disposition of the apparatus and provide a fire station to preserve the apparatus. The fire department shall maintain the fire engines and fire protection apparatus including ensuring that all routine maintenance is performed in accordance with manufacturers' recommended warranties.
(b) 
The city shall provide certain equipment, training and benefits to the volunteer fire department. Such equipment, training and benefits include yet is not limited to the following:
(1) 
Provide, repair and maintain such equipment as may be necessary for the safe operation and management of all emergency situations that may arise. This shall include yet is not limited to pump trucks, hoses, ladders, nozzles and other water handling appliances, smoke ejectors, self-contained breathing apparatus, personal protective equipment (helmet, boots, gloves, coats, pants, suspenders and the like), and other equipment that may be necessary to manage emergency situations (command posts, van, rescue unit).
(2) 
Provide insurance to protect the department against injury, liability and the like.
(3) 
Provide and manage the firefighter's relief and retirement fund and compensate persons already eligible, as well as members becoming eligible in the future.
(Ordinance O-15-03 adopted 8/26/2003; 1997 Code, sec. 34.03)
(a) 
The following consideration system is hereby established for those who serve on the city volunteer fire department.
(b) 
Persons who serve as members of the city volunteer fire department may elect to receive consideration for service as a volunteer firefighter as follows:
(1) 
Firefighters who reside in the corporate limits of the city may receive a $10.00 credit per month on the city utility (water) bill provided that the bill is current or paid when due less the $10.00 credit. The city will credit the firefighter's account in the amount of $10.00 at that point. Failure to pay the water bill on time will result in no credit being given. For the purposes of this consideration, payment on time is deemed to be at 5:00 p.m. on the date payment is due.
(c) 
Municipal officers who serve as volunteer firefighters may not participate in the preparation of budgets or ordinances relative to the city volunteer fire department. To avoid the appearance of impropriety, the municipal officer should, yet is not required to, abstain from voting on issues relating solely to the city volunteer fire department unless abstention is otherwise required by law.
(Ordinance O-15-03 adopted 8/26/2003; 1997 Code, sec. 34.04)
(a) 
The fire chief shall be a member of the volunteer fire department and shall be selected by the members of the department and shall be confirmed by the city council.
(b) 
The fire chief shall report to the city manager and perform all lawful duties directed to him or her by the city manager.
(c) 
The fire chief shall assist the fire marshal in his or her duties and responsibilities.
(d) 
The salary of the fire chief, if any, shall be recommended by the city manager and approved by the city council.
(e) 
The fire chief shall submit an annual budget to the city manager for review and consideration by the city council.
(Ordinance O-15-03 adopted 8/26/2003; 1997 Code, sec. 34.05)
(a) 
Appointment.
The fire marshal, in charge of fire prevention, shall be appointed by the members of the department on the basis of competitive examination or based on qualifications. The appointment of the fire marshal shall be confirmed by the city council prior to the person assuming office or performing any duties.
(b) 
Designation of members of police department.
The fire marshal may, with the concurrence of the chief of police or his designee, designate that the members of the police department have authority to enforce the provisions of the code for which the normal training of a peace officer would provide the level of technical skills and knowledge required. Such designation of enforcement authority shall be made in writing with specific reference to the code part or parts for which enforcement authority is given, and the chief of police shall agree in writing to accept such enforcement authority prior to any enforcement action being taken pursuant to such designation.
(c) 
Right of appeal.
Any appeal from a decision of the fire marshal relative to the following may be appealed to the board of appeals within 30 days from the date of the decision:
(1) 
Disapproval of an application.
(2) 
Refusal to grant a permit.
(3) 
Decision relative to the interpretation or applicability of the code.
(d) 
Appeal procedure.
Such request for an appeal must be made in writing and submitted to the city secretary and the fire chief. The board of appeals shall hear the appeal at the first available and practical regular meeting date. The board of appeals may require additional evidence and expert testimony in order to render its decision. The decision of the board of appeals shall be final and binding.
(Ordinance O-15-03 adopted 8/26/2003; 1997 Code, sec. 34.06)
(a) 
The city shall initiate mitigation rates for the delivery of emergency and nonemergency services by the fire department for personnel, supplies and equipment to the scene of emergency and nonemergency incidents as listed in exhibit A to Ordinance O-17-18. The mitigation rates shall be based on actual costs of the services and that which is usual, customary and reasonable (UCR) as shown in exhibit A to Ordinance O-17-18, which may include any services, personnel, supplies, and equipment and with baselines established by addendum to this document.
(b) 
A claim shall be filed to the responsible party(s) through their insurance carrier. In some circumstances, the responsible party(s) will be billed directly.
(c) 
The city council may make rules or regulations and from time to time may amend, revoke, or add rules and regulations, not consistent with this section, as they may deem necessary or expedient in respect to billing for these mitigation rates or the collection thereof.
(d) 
The mitigation rates lists in exhibit A to Ordinance O-17-18 will increase by 1.5% annually or based on the annual percentage increase in the Consumer Price Index (CPI), as developed by the Bureau of Labor Statistics of the U.S. Department of Labor, whichever is more. Rate adjustments will occur on the anniversary date of this ordinance/resolution to keep the fire department's cost recovery program in conformity with increasing operating expenses.
(Ordinance O-17-18 adopted 11/19/2018; 1997 Code, sec. 34.10)