Operations of Fire Districts

• Author: Raymond S. DiRaddo
• Pages: 209-318

Chapter 5

Operations of Fire Districts

New York Fire District Officers’ Guide

§5:10 5-2

§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 fire district in the State of New York has the authority and the duty

to promulgate rules and regulations governing the fire 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 officers and members of the fire

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 fire companies and departments to be sure that the rules and regulations are not

in conflict with the constitution and by-laws. If such a conflict does arise, a committee appointed by the Board of

Fire Commissioners should meet with an appropriate committee of the volunteer firefighters so that the area of

conflict can be resolved. See Fire District Officers’ 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 fire companies.

This authority includes the purchase of uniforms to be used by the members of the fire companies. The board may

also provide for the removal of such members of the fire company for cause. Town Law 176(10).

The board may adopt rules and regulations controlling by limitation or prohibition the use of personal

equipment at a fire 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 generally 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 members

and enforce discipline and provide for public drills, parades, funerals, inspections and reviews of the fire district,

fire department, or any company or unit within the fire 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 fire 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 fire district is not required before the adoption of by-laws by a fire

company or fire department serving such district. Nonetheless, such by-laws may not be inconsistent with rules

and regulations of the fire district adopted pursuant to Town Law §176. Opinion of the New York State Comptroller

87-6.

Operations of Fire Districts

5-3 §5:10.1.1.5

A fire company or fire department in a fire district may adopt by-laws regulating its internal affairs without

prior approval of the district’s Board of Fire Commissioners 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 fire department and the by-laws of the individual fire companies of a fire district are

not expressly made subject to the approval of the Board of Fire Commissioners, nevertheless such by-laws, insofar

as they conflict with the duly prescribed rules and regulations of the Board of Fire Commissioners, in the proper

exercise of its powers, would be ineffective. Opinion of the New York State Comptroller 8-160 (1952) See Fire

District Officers’ Guide Chapter 12, Form 12-11.

§5:10.1.1.4 DUT Y TO MOTIVATE

The Board of Fire Commissioners has the responsibility to properly motivate the firefighters under their

control. Proper motivation can help obtain great achievements from the firefighters. 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.

2. Management must lead—not drive. Management must have the attitude toward its job that it wants its

employees and members to have. Leadership in motivation requires performance on the part of the leader.

3. Management must encourage its employees to participate and take some responsibility for the planning

and decision-making required to accomplish the goals of the fire district.

4. Management must be willing to delegate authority, to coordinate ideas, to create a friendly atmosphere of

tolerance of viewpoints, and to demonstrate an ability to work with employees and members.

5. Management must supply ample incentives to, and rewards for, participation as well as opportunities for

advancement.

6. Management must be willing to give recognition to the achievements of employees and members and to

create an environment that encourages the satisfaction that comes from doing a job well.

7. Management has an obligation to its employees and members to make certain that:

(a) assignments are within each employee’s or members’ ability to perform them

(b) proper explanation of assignments and adequate training to perform the work they have been given

(c) employees and members are kept informed of their progress, or lack of it, in performing assigned duties

(d) employees and members understand the relationship of their work to the successful functioning of the

fire organization as a whole

§5:10.1.1.5 EMPLOYEE AND MEMBER DEVELOPMENT

The development of employees and members starts with communication. Orienting and acquainting the

employee and member with the duties of his or her position is essential. Not only should an employee and

member be thoroughly briefed as to his duties but he should also be told how to use his skills and abilities to the

best advantage.

If an employee or member needs special skills, abilities or knowledge individual training schedules should

be prepared with definite goals in mind and timetables set. Mastery of any job depends upon (1) the patience

and guidance of fire chiefs and (2) the willingness of the employee and member to do a good job. The Board of

Fire Commissioners and the chiefs must instruct, supervise, check, and repeat this process until the employee or

member is doing an acceptable job or it becomes completely clear that the employee or member —being either

incapable or unwilling—will never master the job in a reasonable time.