Operations of Fire Districts

• Author: Raymond S. DiRaddo
• Pages: 191-280

Chapter 5

Operations of Fire Districts

§5:10 New York Fire District Officers’ Guide 5-2

§5:10 FIRE DISTRICT RULES AND REGULATIONS

§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 regula-

tions 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 govern-

ment 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 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.

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.

5-3 Operations of Fire Districts §5:10

§5:10.1.1.4 DUTY 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 employ-

ees 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 tol-

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

5. Management must supply a mple 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 pre-

pared 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.

§5:10.1.2 DUTIES OF THE FIRE CHIEF

No fire district can operate efficiently or properly without knowledgeable and experienced chief officers. Under

no circumstances can a district’s rules and regulations authorize any member of the board of fire commissioners to

interfere with the duties of the chief or assistant chief when the fire company or department is on duty. District rules

and regulations cannot change these duties.

The fire chief, under the direction of the board of fire commissioners, has exclusive control of the members of the fire

department of the fire district at all fires, inspections, reviews and other times when the fire department is on duty or parading.

The fire chief also has supervision of all the fire apparatus, which is the engines, fire trucks, pumpers, hose wagons

and other apparatus, equipment and items used by the fire district to prevent or to extinguish fires.

§5:10.1.2.1 SUPERVISION OF ALL OFFICERS AND EMPLOYEES

The chief has supervision of all officers and employees of the fire department. Additionally, the fire chief is respon-

sible for seeing that the rules and regulations of the board of fire commissioners are observed and that the orders of the

board of fire commissioners are carried out.