CHAPTER 35

FIRE DEPARTMENT

35.01 Establishment and Purpose
35.02 Organization
35.03 Compensation
35.04 Employment Status
35.05 Worker’s Compensation and Liability Insurance
35.06 Providing Service Outside the Fire District
35.07 Fees
35.08 Election of Officers
35.09 Fire Chief: Duties
35.10 Obedience to Fire Chief

35.01 ESTABLISHMENT AND PURPOSE. A volunteer fire department is hereby established to prevent and extinguish fires and to protect lives and property against fires, to promote fire prevention and fire safety, and to answer all emergency calls for which there is no other established agency. (Code of Iowa, Sec. 364.16)

35.02 ORGANIZATION. The department consists of the Fire Chief and such other officers and personnel as may be authorized by the Council. Currently this is set at 30 firefighters, including the Fire Chief. (Code of Iowa, Sec. 372.13[4])

35.03 COMPENSATION. The City shall pay volunteer members as follows:

A fee of $15.00 shall be paid to each firefighter participating in any training meeting or emergency run of the Fire Department.
Food shall be provided or the actual expenses incurred shall be reimbursed up to $10.00 per period for food and drink purchased during actual runs between the times of 6:30 a.m. and 8:30 a.m., 11:00 a.m. and 1:00 p.m., and 5:00 p.m. to 7:00 p.m. Exceptions may be made for special circumstances as determined by the Fire Chief. Such food and drink reimbursement shall not apply to scheduled organizational or training meetings.
The City shall reimburse training expenses incurred to meet minimum requirements for serving as firefighters on the Fire Department, including mileage to and from training sessions held outside of the City. Lodging, training costing more than $30.00, training in excess of minimum requirements or travel in excess of 60 miles for training shall require pre-approval of the Fire Chief.

35.04 EMPLOYMENT STATUS. Members of the Fire Department are considered to be employees of the City while in the performance of all duties and services reasonably connected with the operation of the Fire Department, for the purpose of the application of worker’s compensation statutes and for the purpose of the application for liability insurance coverage.

35.05 WORKER’S COMPENSATION AND LIABILITY INSURANCE. The City shall purchase sufficient insurance to cover all personnel while providing fire services under the worker’s compensation statutes of the State and shall purchase sufficient insurance to protect the City against loss from damages or public liability resulting from the operation of the Fire Department. The Council shall determine the amount of the insurance needed.

35.06 PROVIDING SERVICE OUTSIDE THE FIRE DISTRICT. The Department is authorized to respond to calls outside the Fire District of the City and to provide mutual aid to other fire and rescue services as required by agreements, either written or verbal, with other services. (Code of Iowa, Sec. 364.4 [2 & 3])

35.07 FEES.

Established. Fees for the Fire Department and reasonably related emergency services furnished within or outside the Fire District shall be established by the Council through Fire Service Agreements or rates established below. The agreements and rates shall generally be adequate to cover the operating costs of the service.
- A. Structural Fires (Emergency) – $500.00 per emergency call.
- B. Voluntary Controlled Burns (Training Fires) – $1,000.00 to $2,000.00, depending on the size of the structure with acceptance of the fires and setting of the fees determined by the Fire Chief and City Administrator.
Calculation of Fees. The Fire Chief, with the assistance of the Emergency Services Coordinator, shall calculate and render bills for Fire Department and all reasonably related services rendered pursuant to the fees established by the Council.
Payment of Fees. All Fire Department fees and charges reasonably related emergency services shall be payable per any agreement or upon presentation of a statement for said fees and charges to the user and/or recipient of the service, and shall be paid to the City.

35.08 ELECTION OF OFFICERS. The Department shall elect a Fire Chief and such other officers as its constitution and bylaws may provide. In case of absence of the Fire Chief, the officer next in rank shall be in charge and have and exercise all the powers of the Fire Chief.

35.09 FIRE CHIEF: DUTIES. The Fire Chief shall perform all duties required of the Fire Chief by law or ordinance, including but not limited to the following: (Code of Iowa, Sec. 372.13[4])

Enforce Laws. Enforce ordinances and laws regulating fire prevention and the investigation of the cause, origin and circumstances of fires.
Technical Assistance. Upon request, give advice concerning private fire alarm systems, fire extinguishing equipment, fire escapes and exits and development of fire emergency plans.
Authority at Fires. When in charge of a fire scene, direct an operation as necessary to extinguish or control a fire, perform a rescue operation, investigate the existence of a suspected or reported fire, gas leak, or other hazardous condition, or take any other action deemed necessary in the reasonable performance of the department’s duties. (Code of Iowa, Sec. 102.2)
Control of Scenes. Prohibit an individual, vehicle or vessel from approaching a fire scene and remove from the scene any object, vehicle, vessel or individual that may impede or interfere with the operation of the Fire Department. (Code of Iowa, Sec. 102.2)
Authority to Barricade. When in charge of a fire scene, place or erect ropes, guards, barricades or other obstructions across a street, alley, right-of-way, or private property near the location of the fire or emergency so as to prevent accidents or interference with the fire fighting efforts of the Fire Department, to control the scene until any required investigation is complete, or to preserve evidence related to the fire or other emergency. (Code of Iowa, Sec. 102.3)
Command. Be charged with the duty of maintaining the efficiency, discipline and control of the Fire Department. The members of the Fire Department shall, at all times, be subject to the direction of the Fire Chief.
Property. Exercise and have full control over the disposition of all fire apparatus, tools, equipment and other property used by or belonging to the Fire Department.
Notification. Whenever death, serious bodily injury, or property damage in excess of $200,000 has occurred as a result of a fire, or if arson is suspected, notify the State Fire Marshal’s Division immediately. For all other fires causing an estimated damage of $50.00 or more or emergency responses by the Fire Department, file a report with the Fire Marshal’s Division within ten (10) days following the end of the month. The report shall indicate all fire incidents occurring and state the name of the owners and occupants of the property at the time of the fire, the value of the property, the estimated total loss to the property, origin of the fire as determined by investigation, and other facts, statistics, and circumstances concerning the fire incidents. (Code of Iowa, Sec. 100.2 & 100.3)
Right of Entry. Have the right, during reasonable hours, to enter any building or premises within the Fire Chief’s jurisdiction for the purpose of making such investigation or inspection which under law or ordinance may be necessary to be made and is reasonably necessary to protect the public health, safety and welfare. (Code of Iowa, Sec. 100.12)
Recommendation. Make such recommendations to owners, occupants, caretakers or managers of buildings necessary to eliminate fire hazards. (Code of Iowa, Sec. 100.13)
Assist State Fire Marshal. At the request of the State Fire Marshal, and as provided by law, aid said marshal in the performance of duties by investigating, preventing and reporting data pertaining to fires. (Code of Iowa, Sec. 100.4)
Records. Cause to be kept records of the Fire Department personnel, fire fighting equipment, depreciation of all equipment and apparatus, the number of responses to alarms, their cause and location, and an analysis of losses by value, type and location of buildings.
Reports. Compile and submit to the Mayor and Council an annual report of the status and activities of the department as well as such other reports as may be requested by the Mayor or Council.

35.10 OBEDIENCE TO FIRE CHIEF. No person shall willfully fail or refuse to comply with any lawful order or direction of the Fire Chief.

Chapter 35

CHAPTER 35

FIRE DEPARTMENT