[HISTORY: Adopted by the Board of County
Commissioners of Doña Ana County as indicated in article histories.
Amendments noted where applicable.]
[Adopted 10-13-1999 by Res. No. 1999-67; amended in its entirety 11-13-2018 by Ord. No. 300-2018]
The boundaries and back-up assignments of the fire districts
shall be as set forth in the incorporated Fire Districts Table.[1]
[1]
Editor's Note: The Fire Districts Table is included as an attachment to this chapter.
[Adopted 4-24-2007 by Ord. No. 229-07;
amended in its entirety 11-13-2018 by Ord. No. 300-2018]
This article may be cited by number or as the "Doña Ana
County Fire and Emergency Services Ordinance."
This article supersedes Ordinance No. 281-2015. Any rules, regulations,
policies, procedures, uniform bylaws or mutual aid agreements currently
in effect that were previously enacted or entered into under the authority
of Ordinance No. 281-2015 shall remain in effect until amended or
superseded by new rules, regulations, policies, procedures, uniform
bylaws or mutual aid agreements promulgated or entered into by the
County Fire Chief, including such agreements entered into under the
previous title of Fire Marshal, pursuant to this article. If any provision
of this article is found to be in material conflict with any provision
of state law or regulation, the specific provision of state law or
regulation shall control over the specific conflicting provision in
this article.
A.
The
purpose of this article is to create a structure for, and to memorialize,
the already existing administrative control and authority of the County
over its previously established County fire districts, fire stations
and personnel. Fire and emergency services within Doña Ana
County are provided by Doña Ana County Fire and Emergency Services
Department, one fire department, with four fire districts served by
19 main stations and one administration/training station which includes
both County paid and County volunteer personnel. This article assigns
responsibilities for coordinated fire prevention, fire suppression,
emergency medical services and other emergency services, including
but not limited to mutual aid and cooperation with fire departments
or other emergency services of government. In addition, this article
establishes a framework for implementation of fire and emergency services
plans and programs, promulgation of rules, regulations, standards,
medical protocols and standard operating guidelines, including personnel
rules, regulations, policies and procedures for both County paid and
County volunteer personnel.
B.
The
administrative structure for the delivery of fire and emergency services
within Doña Ana County, as herein established, is governed
by the Doña Ana County Board of County Commissioners, through
the office of Fire and Emergency Services and the County Manager,
in collaboration with the fire districts.
As used in this article, the following terms shall have the
meanings indicated:
The fire official in charge of fire and emergency services
within Doña Ana County. This individual is assigned the responsibility
for management and control of all matters and concerns pertaining
to the delivery and operation of fire and emergency services within
Doña Ana County.
Doña Ana County currently has one fire department
with the following four fire response districts, served by 19 main
stations and one administration/training station. Districts may be
added or deleted by the Board of County Commissioners as deemed necessary
without amendment of this article, and the terms of this article shall
apply to any new fire districts so added.
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District 1
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North District
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District 2
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South District
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District 3
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NMSU District
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District 4
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Santa Teresa District
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In Doña Ana County, the Station Chief is selected
in accordance with established uniform policies and procedures, serving
under the general direction of the County Fire Chief, who is responsible
for the day-to-day operational activities of the fire districts and/or
fire stations. This includes staffing, recruitment, retention and
training of personnel, budgeting, and maintenance of County-owned
stations, apparatus and equipment. The Station Chief may also supervise
County volunteer and County paid personnel, in accordance with adopted
Doña Ana County fire and emergency services rules, regulations,
policies and procedures.
The Board of County Commissioners, consistent with NMSA 1978,
§ 59A-53-17, hereby delegates to the County Fire Chief,
with the approval of the County Manager, authority to enter into mutual
aid agreements with any agency or entity offering firefighting or
other emergency response service, to the extent that entering into
such agreements will not compromise the ability of the various fire
districts or Doña Ana County generally to respond to calls
for emergency response services.
A.
Doña
Ana County fire and emergency services are provided to the residents
of Doña Ana County by County fire district volunteers and County
paid employees.
B.
Providing
these services is consistent with the constitutionally prescribed
function of government to provide for the health, safety, and welfare
of the general public.
C.
In
addition to already established funding, Doña Ana County will
provide staffing, funding, and equipment for the provision of fire
and emergency services within available resources consistent with
governing standards of local, state, and national authorities.
D.
Doña
Ana County recognizes that some private, nonprofit corporations perform
useful functions in support of Doña Ana County fire and emergency
services. However, the County Fire Chief, in conjunction with the
County Manager, retains the authority to manage fire and emergency
services operations. The services provided by the County are exclusively
Doña Ana County governmental activities.
E.
It
is the policy of Doña Ana County to recognize the combined
experience, knowledge, dedication, and commitment of all volunteer
personnel. The Doña Ana County Fire Officers' Association
is a resource, and its input is valuable.
F.
This
article shall not apply to any fire station within the County operated
by an institution of higher education set forth in Article 12, Section
11, of the Constitution of the State of New Mexico.
G.
It
is the policy of the Board of County Commissioners that those fire
district boundaries presently existing be acknowledged and ratified.
Any future changes to such boundaries, including the addition of future
fire districts, shall be subject to approval by the Board of County
Commissioners. The express intent of the Board of County Commissioners
of Doña Ana County, and the purpose of this article, is to
create a structure for, and to memorialize, the already existing administrative
control and authority of the County over its previously established
County fire districts, volunteer fire stations and personnel. Notwithstanding
any other provision of this article, nothing in this article shall
be construed as in any way redefining the boundaries of, or eliminating,
any of the existing fire districts that have been established by the
Doña Ana County Board of County Commissioners and certified
by the State Fire Marshal under NMSA 1978, § 59A-53-5, nor
shall this article be construed as in any way creating or attempting
to create new County fire districts.
A.
County
fire and emergency services are administered by the County Fire Chief,
who is responsible for monitoring, overseeing, directing and coordinating
all activities, including matching County administrative resources
to the fire district's needs. The County Fire Chief shall work
in collaboration with each Station Chief or designee in accomplishing
these goals. The County Fire Chief reports directly to the County
Manager or the County Manager's designee.
B.
The
County Fire Chief, in collaboration with each Station Chief or designee
and under the direction of the County Manager, shall develop, maintain
and upgrade standards, procedures, personnel rules and regulations,
protocols, uniform bylaws and recommend policies to ensure that the
mission of delivering fire and emergency services is accomplished.
These standards, policy recommendations, procedures, personnel rules
and regulations, protocols and uniform bylaws shall at all times be
consistent with the safety and protection of all personnel, including
both County paid employees and County volunteers and will collectively
serve as minimum standards.
C.
The
County Fire Chief shall be responsible for the maintenance and protection
of those licenses and authorities held by the County, as required
by state and federal regulators, for the delivery of emergency services
and shall set forth the rules, regulations, protocols, procedures,
uniform bylaws and reporting standards as required to maintain and
protect those licenses and authorities.
D.
The
County Fire Chief, under the direction of the County Manager, shall
be responsible for ensuring compliance with all federal, state, local
laws and regulations related to staffing, recruitment, training, budgeting
and all other administrative matters relating to the provision of
fire and emergency services, and for the development and improvement
of those services.
E.
The
County Fire Chief shall be responsible for implementing and enforcing
fire and safety codes and any fire- or emergency service-related ordinance
now in effect or hereafter adopted by Doña Ana County.
F.
The
County Fire Chief is hereby authorized to commit personnel, equipment
and resources, wholly or in part, to emergency fire protection and
emergency service delivery, including mutual aid, for the relief of
danger to life or property from accident, explosion or natural disaster.
G.
The
County Fire Chief, in collaboration with each Station Chief or designee
and under the direction of the County Manager, shall promulgate and
enforce rules, regulations, policies, procedures and uniform bylaws
regarding County volunteer personnel matters, including disciplinary
action, with the explicit intent of maintaining consistency with existing
County guidelines as reasonably practicable. Personnel matters regarding
County paid personnel shall be governed under the Doña Ana
County human resources policies and procedures.[1]
H.
The
County Fire Chief is authorized to arrange communications systems
and networks necessary to adequately dispatch and/or communicate with
facilities to dispatch equipment and personnel within Doña
Ana County for the purpose of responding to fires, accidents, medical
emergencies, explosives, and natural disasters.
I.
The
County Fire Chief may authorize a Station Chief to supervise County
paid personnel assigned to that Station Chief's Fire District,
as may be deemed necessary for daily operations, the protection of
health, welfare, and safety of the residents of the County and for
the enforcement of codes and ordinances.
J.
The
County Fire Chief shall have the authority to remove, suspend, or
otherwise discipline a Station Chief for failure to comply with provisions
within this article or any rule, regulation, policy, procedure or
uniform bylaw promulgated under the authority of this article. Such
disciplinary actions shall be performed in accordance with the County
human resources policies relating specifically to volunteer firefighters
as currently in existence and as hereafter developed; and, accordingly,
affected personnel will be afforded all due process contained therein.
Replacement of the Station Chief shall be in accordance with all applicable
rules, regulations, policies, procedures, uniform bylaws and the Doña
Ana County human resources policies and procedures that are applicable
to volunteer fire fighter personnel.[2]
A.
Each
fire station shall have a Station Chief, who shall serve under the
general direction of the County Fire Chief and who shall function
in accordance with the Doña Ana County fire and emergency services
rules, regulations, policies, procedures and uniform bylaws.
B.
The
Station Chief shall maintain domicile and principal place of residence
within the fire district of which he or she is a Station Chief and
within Doña Ana County during the period of tenure as a Station
Chief or be removed from the position.
C.
Any
current or new Station Chief assuming such a position after the effective
date of this article who does not maintain domicile and principal
place of residence within the Fire District of which he or she is
a Station Chief and within Doña Ana County shall immediately
move domicile and principal place of residence to a place within the
Fire District of which he or she is a Station Chief and within Doña
Ana County or be removed from the position of Station Chief. Should
a Station Chief be unable or unwilling to relocate domicile and principal
place of residence pursuant to this article, the Assistant Station
Chief will assume the roles and responsibilities of the Station Chief
until a new Station Chief has been selected in accordance with established
uniform bylaws.
D.
The
County Fire Chief may grant an exemption or exception to the domicile
and residency requirements, as defined by this policy. All decisions
relating to personnel matters shall be consistent with fire and emergency
services rules, regulations, policies, procedures, uniform bylaws,
and the Doña Ana County human resources policies and procedures
that are applicable to volunteer firefighter personnel.[1]
E.
The
Station Chief, under the general direction of the County Fire Chief,
is responsible for managing the day-to-day operational activities
of the fire districts. This includes the supervision of staff, adherence
to established guidelines for promotion, recruitment, retention, training,
budgeting, and maintenance of County-owned stations, apparatus, and
equipment. The Station Chief may, under authority delegated by the
County Fire Chief, also supervise County paid personnel.
F.
The
County Fire Chief shall be responsible for the expenditure of funds
allocated by the State of New Mexico to Doña Ana County Fire
and Emergency Services and/or its fire districts, pursuant to state
law and regulations, including state procurement code and the policies,
rules, and regulations adopted by the Board of County Commissioners.
Any Station Chief who knowingly violates such laws, rules, regulations,
policies, and procedures relating to the expenditure of funds may
be subject to disciplinary action in accordance with this article
and the County regulations implementing human resources policies and
procedural due process contained therein and, in addition, may be
subject to civil penalties and criminal prosecution.[2]
G.
No
Station Chief shall have the authority to commit Doña Ana County
to the expenditure of fire funds not related to the mission of fire
protection, prevention, education, suppression, and rescue.
A.
The County Fire Chief, under the direction of the County Manager,
and in collaboration with each Station Chief or designee, is authorized
to formulate and promulgate a uniform set of rules, regulations, protocols,
and procedures for the operation of all fire districts in Doña
Ana County. Such rules, regulations, protocols, and procedures shall
apply equally to all fire districts and to all fire and emergency
services personnel. Such rules, regulations, protocols, and procedures
shall also address the formation and operation of auxiliaries and
junior auxiliaries of each volunteer district.
B.
The County Fire Chief, in collaboration with each Station Chief or
designee and under the direction of the County Manager, shall formulate
these rules, regulations, protocols, and procedures using, insofar
as possible and practicable, the guidelines issued by the State Fire
Marshal relating to the provision of fire and emergency services within
the State of New Mexico.
C.
Proposed rules, regulations, protocols, procedures, and uniform bylaws
as well as modifications to the rules, regulations, protocols, procedures,
and uniform bylaws, shall be made and forwarded to the County Manager
for review. The County Manager will review the modifications and report
findings to the Board of County Commissioners. The County Manager
shall approve or disapprove any and all proposed rules, regulations,
protocols, procedures, and uniform bylaws and modifications thereto.
All policy recommendations will be forwarded to the Board of County
Commissioners for approval and adoption.
All fire and emergency services personnel responding to emergency
medical service calls for the purpose of providing patient care, regardless
of their level of training or education, shall do so only under prior
authorization, training, and supervision of the County EMS Medical
Director. The EMS Medical Director shall have the responsibility and
authority to mandate and facilitate medical protocols. The County
Medical Director is a contractor under the authority and contract
management of the County Fire Chief.
A.
All fire and emergency services personnel responding to fire scene
investigations, protection of scene contamination and data collection
shall do so only under the direction and approved training of the
County Fire Chief or designee. Designated personnel shall have the
responsibility and authority to mandate and facilitate fire investigation
protocols and procedures to include, but not be limited to, fire-related
failure analysis, fraud investigation related to loss analysis, site
analysis and review, arson, and other fire and fire-related losses
and fraud investigations, services, and methods.
B.
All fire prevention-related activities, including education and training,
building plan reviews, and building inspections, will be under the
direction of the County Fire Chief.
