Sample Local Ordinances (11/1/12)

SAMPLE LOCAL ORDINANCES (11/1/12)

Hanover County, VA.

Sec. 9-1. - Establishment of department. The county department of fire and emergency medical services ("the department") is hereby established. The department shall provide all fire and emergency medical services and services related to civilian protection and evacuation in disasters and emergencies. The department shall also be responsible for administration of local, state and federal emergency response, assistance and recovery programs within the county.

(Ord. No. 05-03, § 1, 4-27-05; Ord. No. 09-20, § 1, 2-24-10)

Sec. 9-2. - Composition of department. The department shall be composed of the officials and staff of the department, and the following volunteer fire companies and volunteer rescue squads, which are an integral part of the official safety program of the county: Ashcake Volunteer Rescue Squad, Ashland Volunteer Fire Company, Ashland Volunteer Rescue Squad, Beaverdam Volunteer Fire Company, Black Creek Volunteer Fire Company, Chickahominy Volunteer Fire Company, Doswell Volunteer Fire Company, East Hanover Volunteer Rescue Squad, Eastern Hanover Volunteer Fire Company, Farrington Volunteer Fire Company, Hanover Courthouse Volunteer Fire Company, Henry Volunteer Fire Company, Mechanicsville Volunteer Fire Company, Montpelier Volunteer Fire Company, Rockville Volunteer Fire Company and West Hanover Volunteer Rescue Squad.

(Ord. No. 05-03, § 1, 4-27-05; Ord. No. 09-20, § 1, 2-24-10)

Sec. 9-3. - Responsibilities of department. (a) The department shall be responsible for regulating and managing the provision of prehospital emergency patient care and services and for regulating providers of the nonemergency transportation of patients requiring medical services. (b) The department shall be responsible for regulating and managing the provision of fire prevention, protection, investigation and suppression services, for enforcing laws relating to fire prevention, and for provision of services related to hazardous materials and similar hazards which pose a threat to life and property. (c) The department shall also be responsible for any additional related services which are necessary for the provision of fire and emergency medical services and for provision of services in emergencies and disasters. (Ord. No. 05-03, § 1, 4-27-05; Ord. No. 09-20, § 1, 2-24-10)

Sec. 9-4. - Chief of fire and emergency medical services. (a) The chief of fire and emergency medical services shall be appointed by the county administrator in consultation with the board of supervisors. The chief shall be the director of the department, and shall provide general management of the department including all functions of the department described in this chapter and in statutes and regulations relating to local fire and emergency medical services. (b) The chief may delegate any and all operational authority to other officials and staff of the department. References to the chief in this chapter shall include designees. (c) The chief shall establish and enforce departmental regulations consistent with this chapter for the administration and operation of the department. Such regulations shall be consistent with this chapter but may establish additional and more stringent requirements applicable to the department. In no event shall any county or departmental regulations or directives be interpreted to waive requirements of federal, state and local laws and regulations, including those related to licensing. (d) The chief shall hire and appoint and may terminate officers, staff, and volunteers of the department, including the deputies and assistants. The chief shall provide for appropriate investigation of staff and volunteer applicants and incumbents, including review of criminal and driving records. Deputies and assistants may perform any of the duties of the chief, when authorized by the chief. (e) The chief shall provide general management of the planning, preparation and response for any emergency or disaster which occurs in the county and requires implementation of the county's emergency response plan. The county administrator is hereby designated by the board of supervisors as the director of emergency services and the chief shall serve as the coordinator of emergency services for all purposes related to response to emergencies and disasters pursuant to Title 44 of the Virginia Code. (f) The chief, on behalf of the board of supervisors, shall have authority to enter into and take all actions necessary to implement and carry out the terms of agreements for mutual aid, disaster preparedness, and provision of services related to hazardous materials, rescue, fire suppression, investigation, medical services or other emergency response services deemed necessary in the judgment of the chief for emergency response in events exceeding the capabilities of an individual locality or government agency. The chief shall have the authority to enter into contracts on behalf of the county and to expend funds after an official disaster or emergency declaration to provide for the public safety during such events, in accordance with applicable laws and regulations. The chief shall have the authority to take all actions

necessary to obtain funding and assistance from other localities and from state or federal agencies for those purposes. (Ord. No. 05-03, § 1, 4-27-05; Ord. No. 09-20, § 1, 2-24-10)

Sec. 9-5. - Advisors to the chief. There shall be an advisory group ("the chief's staff") composed of the two (2) highest ranking operational leaders of each of the volunteer organizations listed in section 9-2 of this chapter. The chief's staff shall be consulted by the chief prior to the issuance of any policies or regulations.

(Ord. No. 05-03, § 1, 4-27-05; Ord. No. 09-20, § 1, 2-24-10)

Sec. 9-6. - Criminal and driving record checks. (a) Review of the criminal records of applicants for employment and volunteer status in the department shall be conducted in the interest of public welfare and safety, and review of such records of incumbents may be conducted, to determine if the past criminal conduct of any person with a criminal record would be compatible with the nature of the employment or service. (b) Review of motor vehicle driving records of incumbents and of applicants for employment or volunteer status may be conducted in accordance with departmental regulations, to determine if the record is compatible with employment or service. (Ord. No. 05-03, § 1, 4-27-05; Ord. No. 09-20, § 1, 2-24-10)

Sec. 9-7. - Compliance with regulations and policies; penalties. (a) Compliance with all regulations and directives of the chief, by the officials, staff, volunteers and entities of the department is a condition of the privilege of providing emergency medical and fire services and of participating in department functions. (b) The chief shall have the authority to remove, suspend, or revoke the privileges of any individual or entity to operate as an EMS or fire service provider or officer in the county, for violation of regulations and policies promulgated by the chief or the medical control board, or for the purpose of protecting the public safety and providing for proper administration of the department and effective provision of services. (c) Volunteer members may, in accordance with procedures established by department regulations, request review by the county administrator, of any disciplinary action resulting in removal, suspension or revocation of privileges. (d)

Any violation of this chapter for which a penalty is not specified shall be a class 1 misdemeanor. Any misrepresentation made by any person to any county officer or employee in the course of obtaining or renewing a permit or in providing information for a criminal or other record investigation shall constitute a class 1 misdemeanor. (Ord. No. 05-03, § 1, 4-27-05; Ord. No. 09-20, § 1, 2-24-10)

Stafford County, VA

Sec. 12-72. - Establishment of the department of fire, rescue and emergency services. The Stafford County Department of Fire, Rescue and Emergency Services ("the department") is hereby established. The department shall provide all fire and emergency medical services and services related to civilian protection and evacuation in disasters and emergencies. The department shall also be responsible for administration of local, state and federal emergency response, assistance and recovery programs within the county.

(Ord. No. O05-47, 9-20-05)

Sec. 12-73. - Composition of the department of fire, rescue and emergency services. The department shall be comprised of the officials and staff of the department and the following volunteer fire companies and rescue squads, which are an integral part of the official safety program of the county: Stafford Volunteer Rescue Squad, Mountain View Volunteer Rescue Squad, White Oak Volunteer Rescue Squad, Rockhill Volunteer Rescue Squad, Aquia Harbour Volunteer Rescue Squad, Falmouth Volunteer Fire and Rescue Company, Stafford Volunteer Fire Company, Widewater Volunteer Fire and Rescue Company, Mountain View Volunteer Fire Company, Brooke Volunteer Fire and Rescue Company, Hartwood Volunteer Fire and Rescue Company, White Oak Volunteer Fire Company and Rockhill Volunteer Fire Company.

(Ord. No. O05-47, 9-20-05)

Sec. 12-74. - Responsibilities of the department of fire, rescue and emergency services. The department shall be responsible for:

(a) Regulating and managing the provisions of all prehospital emergency patient care and services, and for regulating providers of either emergency or nonemergency transportation of patients requiring medical services. (b) Regulating and managing the provision of fire prevention, protection, investigation, suppression, education and rescue services for enforcing the laws related to fire prevention and for provision of services related to hazardous materials and similar hazards which pose a threat to life and property. (c) Any additional related services that are necessary for the provision of fire and emergency medical services. 5

(Ord. No. O05-47, 9-20-05)

Sec. 12-75. - Fire and rescue chief. The head of the department shall be known as the fire and rescue chief, who shall be appointed by the county administrator. The department shall have as many other officers and employees as the board of supervisors may approve. The fire and rescue chief shall have the following duties:

(a) Provide the general management of the department function and may delegate authority to other officials and staff of the department; (b) Establish and enforce departmental regulations. Such regulations shall be consistent with this chapter, but may provide for additional and more stringent requirements applicable to the department. The fire and rescue chief shall have the authority to promulgate standard operating procedures and policies, both operational and administrative, after providing sufficient time for input from the fire and rescue association. The fire and rescue chief shall establish and enforce training and physical standards; equipment specifications for all departmental equipment, both mobile and nonmobile, and shall determine the department's fleet size and function; (c) Control of station operations, relating to the provision of fire and rescue services, including staffing, and shall ensure the regulations are applied to all fire and rescue personnel of the department. (d) Hire, appoint and terminate officers, staff and volunteers of the department. The fire and rescue chief shall provide for appropriate investigation of staff and volunteer applicants and incumbents, including a review of both criminal history and driving records; disciplinary actions will be taken in accordance with county policy. Termination of volunteers shall not occur until after providing sufficient time for input from the respective volunteer company and the fire and rescue association. (e) Provide general management, planning, preparation and response for any disaster that occurs in the county and requires the implementation of the county's emergency response plan and shall function as the coordinator of emergency services pursuant to title 44, Code of Virginia; (f) Take all actions, on behalf of the county administrator, necessary to implement and carry out the terms of agreements for mutual aid, disaster preparedness and provision of services related to hazardous materials, rescues, fire suppression, investigation,

medical services or other emergency response services deemed necessary in the judgment of the fire and rescue chief in events exceeding the capabilities of an individual locality or government agency; and (g) Enter into contracts on behalf of the county and to expend funds after an official disaster or emergency declaration to provide for the public safety during such events in accordance with applicable laws and regulations. The fire and rescue chief shall have the authority to take all actions necessary to obtain funding and assistance from other localities and from state and federal agencies for these purposes. The powers enumerated in this subsection are only authorized at the express direction of the county administrator who serves as the director of emergency services, pursuant to title 44, Code of Virginia. (Ord. No. O05-47, 9-20-05)

Sec. 12-76. - Advisors to the fire and rescue chief. The Stafford County Fire and Rescue Association (fire and rescue association) shall serve as an advisory group to the fire and rescue chief and shall be consulted prior to the issuance of any regulations or policies related to fire or emergency medical operations.

(Ord. No. O05-47, 9-20-05)

Sec. 12-77. - Criminal and driving record checks. The fire and rescue chief shall review or cause to be reviewed:

(a) Criminal records of applicants for employment and volunteer members in the department. The review shall be conducted in the interest of public welfare and safety, to determine if the past criminal conduct of any person with a criminal record would be compatible with the nature of the employment or volunteer service. (b) Driving records of applicants for employment or volunteer status may be conducted in accordance with county personnel policies to determine if the record is compatible with employment or volunteer service. (Ord. No. O05-47, 9-20-05)

Sec. 12-78. - Compliance with regulations and policies; penalties. (a) Compliance with all regulations, directives, policies, and procedures of the department as enforced by the fire and rescue chief, by the entities, officials, and staff, is required by all fire and rescue personnel. (b)

As the department's enforcing authority, the fire and rescue chief shall have the responsibility to remove, suspend or revoke the privileges of any individual or entity to operate as an EMS or fire service provider or officer in the county, for violations of regulations promulgated by the fire and rescue chief or the operational medical director, or for the purpose of protecting public safety. Disciplinary action of volunteers shall not occur until after providing sufficient time for input from the respective volunteer company and the fire and rescue association. (c) Volunteer members not in compliance shall be afforded a review process established by departmental regulations and applicable to any removal, suspension, or revocation of privileges. (d) Any violation of this article for which a penalty is not specified shall be a class 1 misdemeanor. Any misrepresentation made by any person to any county officer or employee in the course of obtaining or renewing a permit or in providing information for a criminal or other record investigation shall constitute a class 1 misdemeanor. (e) Volunteer appeals of a decision of the fire and rescue chief shall be referred to the fire and rescue association. Fire and rescue association appeals of a decision of the fire and rescue chief shall be referred to the county administrator. (Ord. No. O05-47, 9-20-05)

Sec. 12-79. - Volunteer rescue squads and fire companies. Volunteer rescue squads and volunteer fire companies may be formed, named and dissolved and shall operate in compliance with applicable statutes, provisions of this chapter and regulations, including those issued by the fire and rescue chief. Formation, naming and dissolution shall be effective only if approved by the board of supervisors. Volunteer rescue squads and volunteer fire companies may adopt bylaws for their internal administrative functions.

(Ord. No. O05-47, 9-20-05)

Sec. 12-80. - Definitions. Fire and rescue personnel includes emergency responder volunteers and career fire and rescue county employees.

Stafford Fire and Rescue Association shall consist of two (2) representatives from each recognized volunteer company and two (2) career fire and rescue employees.

(Ord. No. O05-47, 9-20-05)

Spotsylvania

Sec. 9-36. - Established; composition. The department is hereby established. The department shall consist of the several companies and rescue squads, the chief, and such other officers and employees as are approved by the board and appointed by the chief.

(Ord. No. 9-8(2), 12-14-99; Ord. No. 9-15, 11-10-05)

Sec. 9-37. - Appointment of chief; powers and duties. The board shall appoint the head of the department, who shall be designated as provided for in Virginia Code § 27-6.1. The chief shall provide general supervision and control over the department and its elements. The chief shall provide staff support to the commission. The chief shall provide recommendations to the board on all policy, regulatory and budgetary recommendations made by the commission. During any absence, the chief shall designate a deputy who shall have the authority described in this section.

(Ord. No. 9-8(2), 12-14-99; Ord. No. 9-15, 11-10-05)

Sec. 9-38. - Supervision of department. In the event of absence or unavailability of both the chief and the designated deputy chief of the department, those officials or the county administrator may designate member(s) of the department to provide general supervision and control of the department and to carry out all functions of the chief, including supervision at the scene of an emergency.

(Ord. No. 9-8(2), 12-14-99; Ord. No. 9-15, 11-10-05)

Sec. 9-39. - Cost reimbursement for ambulance service. (a) Reasonable fees shall be charged for emergency medical transport services provided by the department. The revenue recovery program is intended to pursue reimbursement for EMS emergency ambulance transports by recovering funds that may already be designated for the purpose. (b) The following definitions shall apply to emergency medical transport charges: (1) Basic life support (BLS) means services shall be medical treatment or procedures provided to a patient as defined by the National Emergency Medicine Services (EMS) Education and Practice Blueprint for the Emergency Medical Technician (EMT)-Basic. (2)

Advanced life support level 1 (ALS-1) means services shall be medical treatment or procedures provided to a patient beyond the scope of an EMT-Basic as defined by the National EMS Education and Practice Blueprint. (3) Advanced life support level 2 (ALS-2) means services shall be defined as advanced life support (ALS) services provided to a patient including any of the following medical procedures: a. Manual defibrillation/cardioversion, b. Endotracheal intubation, c. Central venous line, d. Cardiac pacing, e. Chest decompression, f. Surgical airway, g. Intraosseous line, or h. Administration of three (3) or more medications. (4) Ground transport mile (GTM): Emergency demand zones may be established by resolution of the Board of Supervisors. Transportation fees shall be assessed per statute mile from the location of the incident scene, or from the center point of the emergency demand zone, if applicable, where an incident scene or address is located, to a hospital or other facility where a patient is transported. (Ord. No. 9-13, 4-5-05)

Sec. 9-40. - Fees. (a) Fees for emergency medical transport services shall be charged per patient transport for services rendered and transportation provided, as follows: BLS $500.00 ALS-1 600.00 ALS-2 800.00

(b) Transportation fees: Eleven dollars and fifty cents ($11.50) per GTM. (Ord. No. 9-13, 4-5-05; Ord. No. 9-18, 12-9-08; Ord. No. 9-19, 8-14-12)

Sec. 9-41. - Billing. (a) A bill will be generated for ambulance transports conducted by all ambulances utilized by Spotsylvania County Fire, Rescue and Emergency Services agencies. (b) Patients will fall into one of the following categories for billing purposes: (1) Insured, county resident or non-resident. The appropriate insurance carrier will be billed. (2) Uninsured county residents. The Spotsylvania County Compassionate Billing Policy provides for waiver of emergency transport fees for eligible uninsured patients. A statement showing zero balance will be sent to any patient qualifying for such waiver. (3) Uninsured non-residents. A bill will be sent to the patient transported. If the individual has the ability to pay, then payment is expected in full. If the patient can demonstrate financial hardship in accordance with the compassionate billing policy, they may qualify for waiver of fees. (4) Bill generated/No collection. There are instances when a bill is generated in which the county would be merely transferring funds from one department's budget to another to satisfy the bill. For example, when an on-duty county employee is transported for a compensable workers' compensation injury, the employee's department is responsible for payment of those expenses. Generally, when an inmate of the regional jail is transported, the sheriff's department is responsible for the bill. The billing contractor will update its records to reflect such adjustment. For accounting purposes, inter-departmental transfers (IDT's) will not be required when an internal bill is generated. However, designated personnel will notify the county's billing contractor that the bill generated is internal to the county in those circumstances to ensure proper record keeping. [Note: If the workers' compensation claim is denied, the employee's health insurance will be billed. The Commonwealth of Virginia would be billed for transports of state inmates in the judicial system.] (5) Contractual write offs. The bills that Medicaid, Medicare, and insurance companies pay on behalf of an insured individual are sometimes adjusted to pay only a portion of the billed amount. This adjustment referred to here as a "contractual write off" is 11

usually due to the laws governing the payment amount or through agreements between the insurance companies and billing entity. The contractual write offs are not considered unpaid balances, and will not be billed to patients. (Ord. No. 9-13, 4-5-05)

Sec. 9-42. - Compassionate billing policy. A compassionate billing policy will be adopted by resolution by the board of supervisors to provide relief for those individuals that can demonstrate financial hardship affecting their ability to pay fees imposed by this article. Such policy will also address the collection of fees imposed pursuant to this article that remain chronically unpaid.

(Ord. No. 9-13, 4-5-05)

Sec. 9-43. - Billing and collections. Billing and collection services will be provided by a billing contractor. No county personnel will accept or receive payment on behalf of a patient. Any inquiries regarding billing or collection procedure will be referred to the billing contractor, or to designated personnel of Spotsylvania Fire, Rescue and Emergency Services.

(Ord. No. 9-13, 4-5-05)

City of Suffolk, VA

Sec. 38-31. - Created; composition; duties. (a) There is created a department of fire and rescue, which shall be composed of the fire companies and rescue squads located throughout the city, both career and volunteer, and headed by a chief of fire and rescue. (b) Duties of the department of fire and rescue shall include but are not limited to: (1) The prevention of fires through public education, inspections and code enforcement; (2) The suppression of fires through various extinguishment methods; (3) The mitigation of the uncontrolled release of hazardous materials; (4) Pre-hospital emergency medical care of patients (basic and advanced life support); (5) Rescues at accidents/entrapments, mass casualty incidents, or any other incident involving ill or injured patients. (Ord. No. 73-99, § 1, 7-7-1999)

Sec. 38-32. - Departmental rules and regulations. The chief of fire and rescue, after comment from the chief administrative officers of the volunteer agencies, and the fire and EMS commission, with the approval of the city manager, shall make rules and regulations concerning the operation of the department of fire and rescue; the conduct of its officers, employees and members; and their uniforms, equipment, training and procedures.

(Ord. No. 73-99, § 1, 7-7-1999)

Sec. 38-33. - Chief and personnel appointed by city manager. There shall be appointed by the city manager a chief of the department of fire and rescue, deputy chiefs, battalion chiefs, captains, lieutenants, and such other personnel as he deems necessary in order to adequately protect the city against fires, accidents and medical emergencies.

(Code 1976, § 11-4; Ord. No. 73-99, § 1, 7-7-1999)

Sec. 38-34. - Powers and duties of chief; reports to city manager; absence. (a) The chief of the department of fire and rescue shall oversee all fire companies and rescue squads in the city, and also the apparatus used for the associated duties of the 13

department. He shall have general charge of all property of the city connected with the department, and shall be responsible for the maintenance and care of all property and equipment used by his department. He shall be responsible for the prevention of fires and the protection of life and property against fires, accidents and medical emergencies; the planning and directing of all fire fighting, fire prevention and emergency medical services activities; the performance of miscellaneous public services of an emergency nature; and management of personnel and all operations of the department of fire and rescue. The chief of the department of fire and rescue shall make an annual report to the city manager detailing the activities of the department for the preceding year. (b) The chief of the department of fire and rescue shall also serve as the fire marshal. He shall enforce the fire prevention code and shall have all the powers and duties of a fire marshal as described in Title 27, Chapter 3, of the Code of Virginia, 1950, as amended. The term "fire official" or "code official" shall mean the fire chief or the chief's duly authorized representative. As the fire marshal, the chief may appoint such deputies or assistants as may be necessary. These deputies or assistants shall have the same powers as the fire marshal, provided they have met all requirements set forth in said chapter for the exercise of such power, at his direction or in his absence. (c) The chief of the department of fire and rescue shall also perform such other duties, in any department, as the city council may impose upon him. (d) In the absence of the chief of the department of fire and rescue, the next ranking officer present shall have his powers and fill his position. (Code 1976, § 11-5; Ord. No. 73-99, § 1, 7-7-1999; Ord. No. 07-O-004, 1-3-2007)

Sec. 38-35. - Volunteer fire fighting organizations. No volunteer rescue squad, emergency medical service organization or other organization providing similar type services, or volunteer fire fighting organization shall be established in the city without the prior approval of the city council.

(Code 1976, § 11-7; Ord. No. 73-99, § 1, 7-7-1999)

Sec. 38-36. - Authorized participation in volunteer fire fighting organizations. Any person 16 years of age or older, with parental or guardian approval, is authorized to participate in volunteer fire fighting organizations pursuant to rules of the department of fire and rescue.

(Ord. No. 73-99, § 1, 7-7-1999) Sec. 38-37. - Composition and rules and regulations of volunteer fire companies and rescue squads.

Each volunteer fire company and rescue squad within the city shall consist of such officers and members as are provided for in its constitution and bylaws. Volunteer agencies shall set rules and regulations for their perspective agencies as set forth by their constitution and bylaws. No rule or regulation shall conflict with the intent of the City Code. Equipment titled to or owned by the volunteer agencies listed in section 38-38 shall remain as such with control and maintenance remaining with said agencies.

(Ord. No. 73-99, § 1, 7-7-1999)

Sec. 38-38. - Recognition of certain organizations as part of safety program of the city. The following volunteer fire companies and rescue squads, which have been authorized and chartered to perform public service in the city are recognized as part of the official safety program of the city for purposes of the line-of-duty act, Code of Virginia § 15.2-1511:

(1) Suffolk Volunteer Fire Company. (2) Nansemond-Suffolk Volunteer Rescue Squad, Inc. (3) Chuckatuck Volunteer Fire Department, Inc. (4) Driver Volunteer Fire Department, Inc. (5) Holland Volunteer Fire Department. (6) Whaleyville Volunteer Fire Department. (Ord. No. 73-99, § 1, 7-7-1999; Ord. No. 07-O-004, 1-3-2007)

Sec. 38-39. - Authority of chief when answering alarm or extinguishing fire. (a) While the department of fire and rescue is in the process of answering an alarm of fire or operating at an emergency incident where there is imminent danger or the actual occurrence of fire or explosion or the uncontrolled release of hazardous materials that threaten life or property or returning to the station, the chief of fire and rescue, or his designee, shall have the authority to maintain order at the emergency incident or its vicinity, direct the actions of fire fighters at the incident, keep bystanders or other persons at a safe distance from the incident and emergency equipment, facilitate the speedy movement and operation of emergency equipment and fire fighters, cause an investigation to be made of the origin and cause of the incident and, until the arrival of a police officer, direct and control traffic, in person or by deputy, and facilitate the movement of traffic. The chief of the department of fire and rescue shall display his fire fighter's badge or other proper identification. This authority shall extend

to the activation of traffic control signals designated to facilitate the safe egress and ingress of emergency equipment at a fire station. (b) Any person refusing to obey the orders of the chief of the department of fire and rescue or his designee at the time, given pursuant to this section, shall be guilty of a class 4 misdemeanor, punishable as provided in subsection 1-14(4). The chief of the department of fire and rescue shall have the power to make arrests for violation of the provisions of this section. (Ord. No. 73-99, § 1, 7-7-1999)

Sec. 38-40. - Interference with firefighters, equipment, etc. (a) It shall be unlawful for any person to assault or injure any member of the department of fire and rescue who is in the performance of official duties. (b) It shall be unlawful to interfere with, obstruct or restrict the mobility of, or block the path of travel of any fire-rescue department emergency vehicle or other firefighting or rescue equipment, or to interfere with a fire-rescue department member in the discharge of his duty, or to interfere with, obstruct or hamper any fire-rescue department operation. (c) It shall be unlawful for any person to damage, deface or render inoperable any fire-rescue department emergency vehicle or firefighting or rescue equipment or apparatus without lawful authority. (d) Any person violating any provision of this section shall be guilty of a class 1 misdemeanor, punishable as provided in subsection 1-14(1).

Sec. 38-41. - Impersonating a fire-rescue official. It shall be unlawful and a class 3 misdemeanor, punishable as provided in subsection 1-14(3), for any person willfully to impersonate any firefighter, fire marshal or other fire-rescue official.

Prince William County

Sec. 9.1-1. - Statement of policy. (a) The board of county supervisors intends to assure adequate public safety, health, and welfare through a collaborative system for the provision of fire, rescue, and emergency medical services program that is competent, highly trained, efficiently delivered, and equitably administered, and that is operated by that board through the Prince William County Department of Fire and Rescue and volunteer fire and rescue companies in accordance with this chapter. The system should provide maximum cost-effective performance, promote the county-wide public interest, account for adequate service levels, provide for sound financial practices involving the use of public funds, assure transparency in the operation of the combined system, fairly communicate and consider all views regarding the provision of these services, provide for the improvement in training and operational capabilities of all service providers, and develop near- and long-term plans and policies for projected growth and development in the county and its public safety requirements. (b) The delivery of fire, rescue, and emergency medical services shall be accomplished through a coordinated policy and regulatory framework that addresses the county-wide need for such services, advances the competence and capabilities of the county's providers, both career and volunteer, while preserving the community-based perspectives and resources provided by the volunteer companies. (Ord. No. 09-51, 8-4-09)

Sec. 9.1-2. - Fire and rescue association recreated. (a) There is hereby reestablished the Prince William County Fire and Rescue Association (the "FRA") to provide for the coordination and provision of reliable and high quality fire, rescue, and emergency medical services by the combined personnel of the Prince William County Department of Fire and Rescue ("DFR"), and the county's volunteer companies in mutual service to Prince William County, as provided in this chapter. (b) The FRA shall consist of the DFR, and each volunteer fire, rescue or fire and rescue company lawfully established in the county in accordance with the laws of the Commonwealth of Virginia and the ordinances of the county, and with the express authority of the board of county supervisors, as memorialized in a contract between each volunteer company and the said board, whereby the company consents to be bound by the provisions of this article and such other provisions as the board of county supervisors deems necessary and appropriate consistent with this chapter, for so long as the company remains so established. (c) 17

The board of county supervisors may, for any reason it deems advisable, dissolve a volunteer company at any time pursuant to Code of Virginina § 27-10. Any volunteer company so dissolved is prohibited from providing any fire and/or rescue services in the county. (d) The FRA shall be governed by a board of directors and an executive committee of the board of directors, as further set out in this chapter. The FRA shall be chaired by the chief of the DFR. (Ord. No. 09-51, 8-4-09) Charter reference— Calling firefighting apparatus without cause, § 16-7.

Sec. 9.1-3. - Department of fire and rescue reaffirmed; chief thereof; duties and responsibilities. (a) The board of county supervisors has heretofore created, and hereby reaffirms creation of, a department of fire and rescue as a department of county government. The DFR shall operate in accordance with the fire and rescue association policies and procedures, and consistent with all county policies and procedures, the directives of the board, as transmitted directly and through the county executive, to provide fire, and/or emergency medical services. (b) There is also created a chief of the said department. The DFR chief shall: (1) Cooperatively participate in the management of the fire and rescue system in conjunction with the FRA; represent the county's governmental interests on the FRA; assist in the development of FRA policies and procedures as the chair of the executive committee and the board of directors, as outlined herein; and undertake such other duties and responsibilities with respect thereto as shall be assigned by the county executive or the board of county supervisors, consistent with the purposes of this chapter. (2) Make recommendations to the board of directors of the fire and rescue association, the county executive, and the board of county supervisors, and faithfully execute FRA policies and procedures. (3) Investigate any complaints brought to his attention regarding DFR staff by any member of the FRA consistent with DFR policies and the Prince William County Personnel Policy Manual. (4) Manage and administer, with appropriate input from the FRA, all aspects of the Prince William County Public Safety Training Academy so as to assure and maximize the quality and availability of training opportunities for both career and volunteer fire and rescue service providers, and such other personnel as may wish to

utilize the academy, and for the training of new recruits in core classes necessary to achieve basic certifications as firefighters and emergency medical technicians, and specialized training and certification for higher level functions, for the benefit of the county fire and rescue system. (Ord. No. 09-51, 8-4-09)

Sec. 9.1-4. - Duties and responsibilities of volunteer companies. (a) Volunteer companies shall operate in accordance with their own bylaws, FRA policies and procedures, county ordinances, directives of the board of county supervisors, and contractual obligations, to provide fire, and/or emergency medical services. (b) Each volunteer company shall select or elect a chief who shall be the chief operational officer for that company that meets the qualifications established by FRA policies and procedures, and such subordinate officers as it shall determine appropriate. The chief and other officers of a volunteer company shall serve such term of office as the bylaws of the company provide. (c) Nothing in this chapter shall be deemed to prohibit or restrict a volunteer company from organizing or managing corporate affairs according to company bylaws consistent with state law and county ordinances, and FRA policies and procedures. (d) Nothing in this article is intended, nor shall it be construed to make, any volunteer company or any member of a volunteer company an employee of the county. (Ord. No. 09-51, 8-4-09)

Sec. 9.1-5. - Board of directors of the FRA. (a) There shall be a board of directors of the FRA. The board shall consist of: (1) The DFR chief, who shall serve as chair; (2) The next three senior ranking DFR uniformed officers; (3) A DFR uniformed employee under the rank of lieutenant in the DFR selected or appointed as the DFR chief shall determine; (4) The volunteer chief of each fire, rescue, or fire and rescue company that is a member of the FRA, and up to three presidents if so determined by the board of directors, to be nominated by the volunteer chiefs and elected by the board of directors, who shall serve staggered three year terms, and be identified pursuant to a geographical

schedule approved by the board of directors to assure equal representation among volunteer companies. (b) The vice chair, who shall be elected by the board of directors, shall be a volunteer chief, and shall serve a term of one year. The vice chair shall be elected at the last regularly scheduled meeting of the board of directors in each fiscal year, and shall assume office on July 1 of the ensuing fiscal year, and shall preside over meetings of the board of directors and the executive committee in the absence of the chair. (c) The board of directors shall employ Robert's Rules of Order in the conduct of its meetings and shall adopt such other rules of procedure, as it shall deem appropriate for the conduct of its affairs. (d) The DFR and the volunteer companies may appoint alternate representatives as set forth below to attend meetings of the board and to serve in the stead of the principal representative with all rights appertaining thereto; provided that no alternate representative shall be eligible to serve as chair or vice chair, nor shall any alternate representative be eligible to serve on the executive committee. (1) The DFR chief may appoint any uniformed officer or employee of DFR as an alternative for any of the regular department representatives with the exception of the DFR chief personally. (2) The volunteer chief and selected presidents (if applicable) of each volunteer company may appoint any other chief officer of that company as its alternate representative. (Ord. No. 09-51, 8-4-09)

Sec. 9.1-6. - Duties of the board of directors. (a) The board of directors shall have the following duties and responsibilities, in addition to such others as may be assigned to it by ordinance or resolution of the board of county supervisors: (1) It shall work with the executive committee to manage the overall fire, rescue, and emergency medical services system, consistently with directives of the board of county supervisors, the county executive, and all FRA Policies and Procedures; (2) It shall develop and periodically update a Fire and Rescue Service Plan to insure implementation of the public safety section of the Prince William County Strategic Plan and the Prince William County Comprehensive Plan, to propose future direction for the Prince William County Fire and Rescue system, and to recommend

appropriate resource allocation and the expenditure of public funds for fire and rescue services as further set out herein; (3) It shall ratify, reject, amend or defer all Prince William County Fire and Rescue Association Policies and Procedures promulgated by the executive committee, as further set out in this chapter; (4) It shall prepare and present quarterly reports to the board of county supervisors on the state of fire and rescue services in the county. Such reports shall provide, among such other things as the executive committee may deem appropriate, or as the board of county supervisors may direct: a. Information on the performance of the fire and rescue system pursuant to the fire and rescue service plan; b. Information concerning the operational coordination of fire and rescue system with respect to the implementation of FRA Policies and Procedures, including reports of overall compliance with the Uniform Rank Structure and medical evaluation procedures required herein; c. Information as to performance outcomes from incident occurrences, staffing levels at each fire and/or rescue Work Site and means of measuring and assuring adequate system performance, and overall numbers of operational and certified staff members per company; and d. Significant actions taken or policies adopted by the FRA, and those that it intends to undertake. (b) The board of directors shall meet on the call of the chair or vice chair upon reasonable notice to members of the FRA thereof, and shall establish a regular annual meeting schedule that provides for meetings not less frequently than once each calendar month. (c) The county shall provide secretarial assistance to the board of directors, to record all proceedings and cause the minutes to be recorded and maintained in the DFR chief's office. One such person shall be appointed the parliamentarian for the board of directors and its executive committee. (d) The county shall provide technological support to the volunteer companies as deemed necessary to the implementation of identified FRA Policies and Procedures. (e)

The chair may create such subcommittees or task forces as the chair deems appropriate, composed of such fire and rescue system personnel as the chair may choose, provided that all such subcommittees shall be comprised of representatives from both the DFR and the volunteer companies. Such subcommittees shall report within a reasonable time certain as established by the chair. The board of directors shall confirm all persons appointed as chairman of a committee or task force. (f) The board of directors and all FRA committees or task forces shall be subject to the provisions of the Virginia Freedom of Information Act. (g) The chair shall advise the board of directors of presentations with respect to FRA policies, procedures or other related items, that are to be made to the board of county supervisors, to the extent allowable by law. Unless otherwise precluded by law or by the direction of the county executive or board of county supervisors, the chair shall invite the vice chair or other volunteer member of the board of directors to participate in any such presentation; provided further that the board of county supervisors shall determine which members of the FRA, if any, shall be permitted to participate in a closed meeting as defined in Cod of Virginia § 2.2- 3700 et seq. (Ord. No. 09-51, 8-4-09)

Sec. 9.1-7. - FRA executive committee. (a) There shall be an executive committee of the board of directors composed of seven members: (1) The DFR chief, who shall serve as chair; (2) The vice chair of the board of directors; (3) Five other members: a. Three such members shall be appointed from the DFR members of the board of directors as the DFR chief shall determine. b. Two such members shall be from volunteer companies and shall be elected by the board of directors. (4) All members of the executive committee shall serve staggered two year terms, excepting the chair. They shall be appointed or elected at the last regularly scheduled meeting of the board of directors in each fiscal year and their terms shall commence on July 1 of the ensuing fiscal year. Members shall be eligible for reappointment/reelection. At the first such appointment or election following the 22

enactment of this chapter, the six members of the executive committee other than the chair shall agree as to which three thereof shall serve an initial one year term, and which shall serve an initial two year term. In the absence of agreement the chair shall so determine. At the expiration of those initial terms, the terms of the members shall be as set forth herein. (b) The executive committee shall have the following duties and responsibilities, in addition to such others as may be assigned to it by ordinance or resolution of the board of county supervisors, or by resolution of the board of directors. It shall: (1) Initiate all FRA policies and procedures for adoption and implementation as set forth in this chapter; (2) Receive and consider FRA policy and procedure recommendations from the board of directors; (3) Assure the implementation and enforcement of FRA policies and procedures as set forth in this chapter: (4) Act in the stead and with the authority of the board of directors on any matters within the jurisdiction of the board of directors between regularly scheduled board meetings and any such action shall be reported to the board of directors at its next regularly scheduled, or called, meeting. (c) The executive committee shall employ Robert's Rules of Order in the conduct of its meetings and shall adopt such other rules of procedure, as it shall deem appropriate for the conduct of its affairs. (d) Notwithstanding anything in this chapter to the contrary, the chair shall have the right to make motions and initiate policies and procedures, but shall vote only in the event of a tie. (e) The executive committee shall be subject to the provisions of the Virginia Freedom of Information Act. (Ord. No. 09-51, 8-4-09)

Sec. 9.1-8. - Effect of executive committee action. (a) Action or decision taken by the executive committee shall be reported to the board of directors at the board's next regularly scheduled meeting. The board of directors may take the following actions at that meeting, after presentation by the executive committee: (1) 23

Approve the policy or procedure; (2) Reject the policy or procedure; (3) Modify the policy or procedure; (4) Defer action on the policy or procedure until the next regularly scheduled board meeting at which time the board of directors must act in accordance with options (1) through (3), above. (b) If the board of directors modifies the policy or procedure, such modification shall be referred again to the executive committee for consideration at its next regularly scheduled meeting. The executive committee can, (1) Accept the modifications, and resubmit the amended policy or procedure to the board of directors at its next regularly scheduled meeting, which shall thereupon have those options set forth in section 9.1-8(a), above, available to it; or (2) Reject the modifications and return the original policy or procedure to the board of directors at its next regularly scheduled meeting, for a vote to either approve or reject the policy. (c) If the board of directors fails to act as required above within 60 days, or at the second regularly scheduled board of directors meeting, following the referral from the executive committee as set forth above, whichever is later, the action or decision of the executive committee shall be deemed final. (Ord. No. 09-51, 8-4-09)

Sec. 9.1-9. - Fire and rescue association policies and procedures. (a) FRA policies and procedures shall be compiled in such readily accessible form as the chair shall determine appropriate, and shall consist of all policies and procedures governing operational and administrative practices of the fire and rescue system as further set out herein. (b) FRA policies and procedures shall be effective upon approval by the board of directors, or by the executive committee as provided in this chapter, or following an appeal as outlined herein, and shall be binding on the members of the fire and rescue association. (c) The chair may establish times for the preparation and presentation of any proposed FRA policy and procedure, and shall insure that representatives from DFR and the volunteer companies are incorporated in the development of such proposals. 24

(d) FRA policies and procedures shall include, but shall not be limited to: (1) Procedures for all incident operations; (2) Development of a uniform rank structure that establishes the minimum qualifications and standards to be met by all career and volunteer members of the FRA performing identified functions in the provision of fire and rescue services, providing for reasonable times within which volunteers and DFR personnel can complete the necessary certifications for compliance. (3) Policies and procedures for the keeping of, and access to, records of the DFR and volunteer companies with respect to the staffing of work sites, the certification of members, conformance with the training requirements of the uniform rank structure, current lists of operational and administrative members of each volunteer company (to be updated quarterly), the number of ongoing hours of service per member, and such other matters in such a way as to permit the FRA members to have mutual and adequate access to information needed to coordinate and manage the fire and rescue system, consistently with all applicable legal requirements for the protection of individual privacy; (4) Policies and procedures regarding station management, appropriate staffing of stations by FRA members, and means of assuring adequate levels of provision of fire and rescue service and appropriate deployment of apparatus; (5) Policies and procedures for the implementation of requirements of this chapter for the conduct of physical examinations, criminal background checks and department of motor vehicle checks, and the keeping of records with respect thereto consistently with applicable legal requirements for the protection of individual privacy; (6) Development of guidelines for the consistent preparation of budgets as deemed necessary and consistent with the provisions of this chapter; (7) Development of programs to assist in the recruitment and retention of fire and rescue personnel, paid or volunteer. (e) Notwithstanding anything contained herein to the contrary, all members of the FRA shall comply with applicable requirements of Virginia law relating to the provision of fire and rescue services. (Ord. No. 09-51, 8-4-09)

Sec. 9.1-10. - Appeal of FRA policy or procedure. (a) Upon the conclusion of the process set forth herein for any policy or procedure, any member of the executive committee may appeal the policy or procedure to the county executive. Such appeal must be in writing, shall state the reasons therefor, and shall be received in the office of the county executive no later than seven calendar days from the date of its conclusion. The appellant need not be present at the time of the policy or procedure's passage in order to appeal it, and may do so on behalf of him/her self and/or any member of the board of directors. (b) The county executive shall establish a process for consideration of any such appeal, and shall have the authority to request testimony or documents he deems necessary to his decision. If the appeal is not initiated by a volunteer member, the county executive shall insure that a volunteer representative is involved in the appeal process and afforded an opportunity to provide input. (c) {Deleted by board of county supervisors} (d) The county executive shall notify the board of county supervisors as to the substance and outcome of each appeal filed pursuant to this section at the completion of the process.

Sec. 9.1-11. - Enforcement of fire and rescue association policies and procedures. (a) The executive committee, upon motion of the chair or any member thereof, may determine that a member company of the FRA has materially failed to comply with FRA policies and procedures. A DFR employee who is otherwise subject to the Prince William County Personnel Policy shall be limited to the process outlined therein; any allegation raised to the executive committee involving such an employee shall be immediately and directly referred to the DFR chief for further action, and the DFR chief shall report to the executive committee the disposition of such allegation, to the extent permitted by such personnel policy and applicable law. (b) Prior to a determination of noncompliance, the executive committee shall notify the chief involved in writing and shall identify specifically those FRA policies and procedures that it determines to have been implicated and shall provide a summary of the evidence upon which such determination was made. It shall schedule a hearing with respect to the asserted noncompliance no sooner than 15 and no later than 60 days after delivery of such notification. (c)

Any member company of the FRA charged with noncompliance shall be given the opportunity to present its case to the executive committee. (d) In the event that the executive committee determines that there has been noncompliance with the FRA policies and procedures, then (1) The chair shall, in the case of the DFR, assure compliance with the identified policy or procedure. In the case of a volunteer company the chair shall appoint at least one volunteer chief to work with the noncompliant volunteer company to assure such compliance. A report shall be made to the executive committee at the next regularly scheduled meeting. In the event that the executive committee determines that volunteer company has failed to remediate the noncompliance, the volunteer company shall be so notified. Following this second notification of noncompliance, the volunteer company shall have not more than 30 days to come into compliance. Failure to comply, to the satisfaction of the executive committee within 30 days shall constitute a formal Finding of Noncompliance. (2) Any volunteer company that accumulates three formal findings of noncompliance within a five-year period shall be required to come before the executive committee for a company review hearing. The executive committee shall work with the volunteer company to identify a hearing date and time acceptable to all parties. a. Failure by the volunteer company to appear before the executive committee at the prearranged hearing time shall result in automatic written referral to the board of county supervisors. b. Following the hearing, the executive committee shall meet and decide between the following options: (1) an immediate written referral to the board of county supervisors for further action, up to and including dissolution, or (2) the development of an action plan to timely remediate the problems, including but not limited to, the requirement of a change in leadership of the subject volunteer company. Failure by the volunteer company to comply with the action plan in the time established therein shall result in a referral to the board of county supervisors for further action, up to and including dissolution. c. The chair, consistent with the recommendation of the executive committee, shall inform the county executive and the board of county supervisors, in writing, of the findings leading to the three determinations of noncompliance by the volunteer company, for any such action as the county executive or the board of county supervisors deems necessary and appropriate, up to and

including dissolution of the subject member company by the board of county supervisors. d. Any executive committee recommendation that a member company be dissolved, shall be presented to the board of directors for its recommendation prior to presentation to the board of county supervisors for final disposition. (3) In order to assure operational continuity, in the event that the executive committee's formal finding of noncompliance identifies an operational deficiency, as determined by the chair, the chair shall mitigate or temporarily resolve the deficiency until such time as it is eliminated, or such other remedy is developed by, or to the satisfaction of, the executive committee. Such determination shall be treated as an emergency directive and shall be processed pursuant to section 9.1-15 hereof. (4) Consistently with section 9.1-3(b)(3), above, any FRA member may submit to the chair a complaint regarding the DFR. (5) The DFR chief may not independently discipline or control any volunteer or volunteer company, nor may a volunteer chief discipline or control any person in DFR, except as may be provided in this chapter. (6) Nothing contained herein shall be deemed to permit the board of directors or the executive committee of the FRA to discipline any employee of the DFR, or to permit the FRA to regulate any other matter within the DFR when such regulations conflict with policies, procedures, or directives adopted by the board of county supervisors or issued by the county executive. (e) No FRA member company shall be permitted to cast a vote on any matter concerning its asserted noncompliance with FRA policies and procedures. If a member of the executive committee is involved in an investigation of noncompliance, then a substitute member of the executive committee shall be appointed by the chair to serve for the duration of the investigation and any appeal. (f) In the event that the member of the FRA is aggrieved by a determination of noncompliance, an appeal of that determination shall lie to the county executive pursuant to policies and procedures established therefor by the county executive, whose decision thereon shall be final. Any such appeal must be filed within seven calendar days of the determination by the executive committee. (Ord. No. 09-51, 8-4-09)

Sec. 9.1-12. - Audit policies.

(a) The executive committee and board of directors shall adopt policies and procedures regarding the conduct of financial, recordkeeping, and management audits by independent auditors, consistent with the provisions of this chapter, and the direction of the director of finance. Such policies and procedures shall, among other things, provide for audits of each FRA member not less often than once every three years. (b) Without limitation as to the purposes thereof, audits shall be made of financial operations, staffing, station conditions, company compliance with internal bylaws, compliance with county fiscal policies and procedures, FRA policies and procedures, operational capabilities and any other matter that may be deemed necessary to the effectuation of the board of county supervisors' policy with respect to the provision of fire, rescue, and emergency medical services pursuant to this chapter. (c) In order to assure that public monies are expended consistently with applicable county and FRA policies and procedures, the members of the FRA shall make their financial records open for review by authorized officials of the county upon reasonable notice thereof. (d) Notwithstanding any other provision hereof, whenever the county executive determines that examination and inspection of all or any portion of the records of a member of the FRA related to the expenditure of general or fire levy funds is prudent or necessary, or that financial reviews or audits are necessary to protect the interest of the public, each shall permit the county executive to inspect their business records relating to fire levy funds at such reasonable times and under such reasonable circumstances as the county executive may direct. Volunteer companies shall make available all records related to fire levy funds and shall cooperate fully in all financial reviews or audits of the company's business or operational affairs ordered by the county executive pursuant to this subsection. (e) Audits shall be conducted by independent auditors selected by the executive committee and shall include volunteer members of the FRA. (Ord. No. 09-51, 8-4-09)

Sec. 9.1-13. - Financial affairs and audit advisory committee. There shall be a financial affairs and audit advisory committee responsible to the board of directors, comprised of the presidents of each volunteer company, which shall advise the board as to the development of budgets, financial operations, and all audits authorized in accordance with this chapter. The board or the executive committee may request the said committee to provide it advice and recommendations on any other matter that it shall deem advisable.

(Ord. No. 09-51, 8-4-09)

Sec. 9.1-14. - Emergency directives. (a) The chair shall have the authority to issue emergency directives, which shall constitute policies and procedures upon issuance. The chair shall consult with the executive committee prior to the issuance of such a directive, or as soon thereafter as circumstances may allow. (b) An emergency shall exist whenever a situation requires the immediate institution of a policy or procedure necessary to protect the health, safety, and welfare of the citizens and/or members of the system. Such determination shall be charged to the discretion of the chair. (c) Emergency directives shall be valid for such period as the chair shall determine, provided that no emergency directive shall be valid for more than 120 days following issuance and shall not be renewed, except through the adoption of an FRA policy or procedure with respect to the subject matter of the emergency directive. (d) As soon as practicable following the issuance of an emergency directive, but not later than 30 days following issuance, the chair shall prepare and present to the executive committee a summary of the emergency directive, which shall include a fiscal and/or operational impact statement, to the extent that information is reasonably available, estimating the probable financial impact of any such directive on the resources available, or made available, for the provision of fire and rescue services, or the operational requirements of those services. (e) Any such directive shall be reported to the executive committee at its next regularly scheduled meeting, and may be rescinded, modified, or affirmed as other policies and procedures. (f) The executive committee shall expeditiously consider whether such directive should be made an FRA policy or procedure, and may act to develop such a policy or procedure as set forth in this chapter. (Ord. No. 09-51, 8-4-09)