Chapter 7 · Fire

Article 3. Fire Department

Sections 7-301 to 7-314 · 14 sections

7-301 Fire department administration; fire chief.

The fire department shall be under the primary direction and supervision of the chief of the fire department who shall be responsible for the discipline, training, good order and proper conduct of the department the proper care and condition of the apparatus, equipment, stations and quarters thereof, subject to the authority of the city manager as the principal administrative officer of the city. The fire chief shall, subject to the approval of the city manager, establish and enforce such rules and regulations as may be necessary for the aforesaid purposes and to promote and maintain the efficiency of the service and to safeguard lives and property within the city from the hazards of fire. The fire chief shall make a recommendation to the city manager relative to appointment and removal of members of the fire department. The city manager’s decision to retain or remove a member shall be non-grieveable.

(Code 2006)

7-302 Department officers.

The fire chief may designate an assistant fire chief, and such number of captains or foremen, from the members of the fire department, as the efficiency and necessities of the department may require for its government

(Code 2006)

7-303 Members; eligibility, appointment examination.

No person shall be eligible to appointment as a member of the fire department unless he or she is not less than 18 years of age and a United States citizen. No person shall be appointed to the department until he or she shall have passed such physical and mental examination as the city manager shall require. Temporary appointments may be made to continue for a period not exceeding six months for a trial service to demonstrate that the appointee is capable of performing the duties of a firefighter. The fire chief shall determine annually if a member is physically able to perform the duties as a fire fighter. If the fire chief determines it necessary, he shall cause the member to undergo a physical examination by a qualified physician, at city expense. If the physician determines the member is not physically qualified, the fire chief will make an appropriate recommendation to the city manager, who will decide whether or not the member shall be removed from membership in the department

(Code 2006)

7-304 Discipline; absentees, suspension, substitutes.

The fire chief is empowered to suspend and temporarily relieve from duty any member who shall be absent from his or her place of duty without reasonable excuse or who shall fail or refuse to perform his or her assigned duty during training and periods of inspection and examination of buildings or at fires. The chief shall report all his or her suspensions to the city manager who may reinstate or remove such member in accordance with his or her authority. The chief may appoint temporary substitutes from an approved list of firefighters to perform the duties of any firefighter who is absent from duty by permission of the chief, or by reason of illness or injury or other cause. Each such substitute shall be paid at the rate of compensation provided in such cases.

(Code 1962, 9-104)

7-305 Duties of chief; supplies, repairs; fire reports; member, property; reports.

(a)The fire chief shall keep an accurate account of all supplies or repairs needed and used by the fire department, and report the same to the city manager from time to time as may be necessary. All repairs and supplies for the department shall be secured upon requisition issued by the fire chief and shall be carefully checked with invoice and purchasing order by the city manager before being presented to the governing body for payment.

(b)The fire chief shall keep or cause to be kept in a suitable book, a record of all fires that occur, the name of the owner or occupant, type of building, construction and showing the estimated value of the property placed at risk thereby, together with the supposed cause of each fire, and the amount of insurance involved and the loss incurred.

(c)He or she shall also keep a record of all members employed in the department, with the time so employed; also an inventory book showing at all times a list of the property belonging to the city in charge of the fire department, together with any records that may be necessary to show at any time the workings and condition of the department.

(d)At the close of each fiscal year he or she shall make a report to the city manager giving a summary of the work done by and the expenses and general condition of the department.

(Code 1962, 9-105)

7-306 Reports to state fire marshal.

The chief of the fire department shall, within seven days thereafter make any or all reports pertaining to any fire or loss from fire occurring within the city as may be required by the state fire marshal. The report so made shall be in such form and contain such information as may be required by law in the regulations of the fire marshal.

(Code 1962, 9-106)

7-307 Control at fires; department officers; bystanders.

The fire chief, or in his or her absence, the assistant fire chief (or other ranking officer present), shall have full power and command over all persons whatever at fires, and he or she shall direct and adopt any and all measures that he or she shall deem most advisable for the extinguishment of such fires, or for the care and protection of the property endangered thereby; and shall have power, if need be, to summon any and all persons present to aid in extinguishing any fire or removing or caring for personal property from any building on fire or in danger thereof.

(Code 1962, 9-107)

7-308 Conduct at fires; powers of firefighters; duties of police.

Every person, at or near a fire, who shall conduct himself or herself in a disorderly manner or neglect or refuse to obey promptly any proper order of the fire chief or his or her assistant, shall be in violation of this section. The aforesaid officers or any police officer may forthwith arrest without warrant and take to the police station any person so offending. It shall be the duty of every police officer present at a fire to keep back idle and suspicious persons who are in the way of, or impeding the work of the fire department; to aid so far as possible in protecting all property places at risk from theft or needless injury; and to cooperate with the fire department in every way possible while at the fire, under the direction of the fire chief or his or her assistant in charge of such fire.

(Code 1962, 9-108)

7-309 Drivers of fire trucks; emergency vehicles; sirens.

(a)The drivers of all fire trucks of the city shall have such privileges and such liabilities which by the laws of the city pertain to the drivers of authorized emergency vehicles, and nothing in this article shall be construed to increase the privileges or lessen the liabilities of any such members of the fire department while going to or returning from a fire call.

(b)The drivers of all fire department vehicles when answering alarms of fire must cause the sirens upon their apparatus to be sounded upon leaving their stations, and when approaching all cross streets and streets crossings, and continue the same while en route to the fire as constantly as the public safety may require and in compliance with the traffic laws.

(Code 1962, 9-109)

7-310 Interference with department; fire hydrants; obstructions.

It shall be unlawful for any person or persons to hinder, delay or obstruct any member of the fire department while in the performance of his or her duties at any fire. No person shall place on or about any fire hydrant any rubbish, building materials, fence, or other obstruction of any character or hitch to any fire hydrant any animal or animals or fasten to any such hydrant any guy rope, wire or brace, or otherwise interfere with the fire department in the discharge of its duties.

(Code 1962, 9-110)

7-311 Private use of fire equipment.

It shall be unlawful for any person or persons to use any fire apparatus or equipment in the city for any private purpose, nor shall any person willfully and without proper authority remove or take from its proper place, keep or conceal any tool, apparatus or other equipment used by or in any way belonging to the fire department of the city.

(Code 1962, 9-111)

7-312 Emergency outside fire runs; contracts for regular services.

The chief of the fire department, with approval of the city manager, may send firefighters together with all necessary equipment to answer fire calls outside the city limits on occasions of emergency caused by enemy attack or great public disaster in accordance with laws of Kansas and/or any civil defense compact with other cities or at the discretion of the chief. The city may contract with individual persons or corporations or other governmental units as provided by law to answer to any alarm of fire which threatens the property of such persons or corporations located outside the city limits. It shall be the duty of the city manager to prepare contracts in the name of the city and such contracts shall be executed only upon the approval and consent of the city council.

(Code 1962, 9-112; Code 1965)

7-313 Compensation of members in certain cases.

Any member of the fire department shall be entitled to compensation for his or her services rendered as a member of the department according to ordinance providing for compensation to city employees generally.

(Code 2006)

7-314 Report of services and attendance; claims; payments.

The chief of the fire department shall keep or cause to be kept, a roster of the members of the department who may answer any fire call or alarm of fire or attend any practice drill or run and report to the city manager the names of those members entitled to compensation as provided by section 7-313. Each member of the department shall be paid semi-annually upon filing of claims which shall be allowed in the regular manner as other salaries are paid by the city.

(Code 1962, 9-302)