Operations of Fire Districts

• Pages: 223-344
• Author: Raymond S. Diraddo

OPERATIONS OF

FIRE DISTRICTS

CHAPTER 5

OPERATIONS OF

FIRE DISTRICTS

OPERATIONS OF

FIRE DISTRICTS

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OPERATIONS OF

FIRE DISTRICTS

5-3 Operations of Fire Districts §5:10

§5:10 FIRE DISTRICT RULES AND

REGULATIONS, BOARD

OF FIRE COMMISSIONERS

RESPONSIBILITIES

§5:10.1.1 Duty to Promulgate

The Board of Fire Commissioners of each re dis-

trict in the State of New York has the authority and the

duty to promulgate rules and regulations governing the

re companies and departments in its district. These

rules and regulations should be in writing and should

be adopted at a regular meeting of the Board of Fire

Commissioners. Copies of these rules and regulations

should be prepared for distribution to the ocers and

members of the re companies and departments. Town

Law 176 (10).

Before establishing such rules and regulations, the

Board of Fire Commissioners should carefully go over

the constitution and by-laws of the re companies and

departments to be sure that the rules and regulations

are not in conict with the constitution and by-laws.

If such a conict does arise, a committee appointed by

the Board of Fire Commissioners should meet with an

appropriate committee of the volunteer reghters so

that the area of conict can be resolved. See Fire Dis-

trict Ocers’ Guide Chapter 12, Form 12-11.

§5:10.1.1.1 Authority to Organize,

Operate, Maintain and

Equip Fire Companies

The Board of Fire Commissioners has the authority

to organize, operate, maintain and equip re companies.

This authority includes the purchase of uniforms to be

used by the members of the re companies. The board

may also provide for the removal of such members of

the re company for cause. Town Law 176(10).

The board may adopt rules and regulations con-

trolling by limitation or prohibition the use of personal

equipment at a re scene. Opinion of New York State

Comptroller 98-2. The board may also provide for the

board members’ personal and thus reimbursable expenses,

such as meals. The cost of meals while performing the

usual duties of a position within local government is gen-

erally a personal expense. Opinion of New York State

Comptroller 98-2. Meals would be a proper reimbursable

expense when the Board of Fire Commissioners is faced

with business of an immediate nature and meetings are

essential at mealtime. In that circumstance, meals would

be a proper government charge because the furtherance

of the public business is the main purpose of the meeting

and food is incidental to that meeting. Opinion of New

York State Comptroller 98-2.

§5:10.1.1.2 Establish Rules Governing

Members’ Conduct

The Board of Fire Commissioners may also adopt

rules and regulations prescribing the duties of the mem-

bers and enforce discipline and provide for public drills,

parades, funerals, inspections and reviews of the re

district, re department, or any company or unit within

the re district or at other places within the state, any

adjoining state or in Canada. Such rules and regulations

may not authorize any member of the Board of Fire

Commissioners to interfere with the duties of the chief

or assistant chief at such times as the re department

or any company or squad thereof is on duty.

§5:10.1.1.3 Company or Department

by-Laws—Prior Approval

of the Board of Fire

Commissioners

Approval by the commissioners of a re district

is not required before the adoption of by-laws by a

re company or re department serving such district.

Nonetheless, such by-laws may not be inconsistent with

rules and regulations of the re district adopted pursuant

to Town Law §176. Opinion of the New York State

Comptroller 87-6.

A re company or re department in a re district

may adopt by-laws regulating its internal aairs without

prior approval of the district’s Board of Fire Commis-

sioners so long as such by-laws are not inconsistent with

the board’s rules and regulations. Opinion of the New

York State Comptroller 24-390, 1968.

While the by-laws of the re department and the

by-laws of the individual re companies of a re dis-

trict are not expressly made subject to the approval

of the Board of Fire Commissioners, nevertheless

such by-laws, insofar as they conict with the duly

prescribed rules and regulations of the Board of Fire

Commissioners, in the proper exercise of its powers,

would be ineective. Opinion of the New York State

Comptroller 8-160 (1952) See Fire District Ocers’

Guide Chapter 12, Form 12-11.

§5:10.1.1.4 Duty to Motivate

The Board of Fire Commissioners has the respon-

sibility to properly motivate the reghters under their

control. Proper motivation can help obtain great achieve-

ments from the reghters. This motivation should make

itself obvious in the rule and regulations promulgated by

the Board of Fire Commissioners. Essentially, to motivate:

1. Management must start with a belief in the

essential goodness of people.