2015 Kentucky Revised Statutes CHAPTER 75 - FIRE PROTECTION DISTRICTS 75.440 Funds available to recognized and certified fire department -- Rights and responsibilities of department -- Fire chief.
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75.440 Funds available to recognized and certified fire department -- Rights and
responsibilities of department -- Fire chief.
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Only fire departments recognized and certified by the commission shall be eligible
to receive volunteer fire department aid pursuant to KRS 95A.262(2), to receive low
interest loans pursuant to KRS 95A.262(14), or to participate in the Professional
Firefighters Foundation Program, pursuant to KRS 95A.200 to 95A.290.
A fire department created pursuant to KRS Chapter 273 which has been recognized
and certified by the commission shall have the following rights and responsibilities:
(a) Designation as the only fire department authorized to protect property within
its geographic area as filed with the commission and the county clerk, but the
department may seek the assistance of other departments, and may make
reciprocal aid contracts pursuant to KRS 75.050;
(b) Authority to secure water immediately for purposes of fighting a fire from any
source, public or private. Upon request, the department shall compensate the
owner in a reasonable amount for water used within six (6) months of use; and
(c) All rights identified in the Kentucky Revised Statutes for fire departments.
The officers and firefighters, whether paid or unpaid, of each fire department
created pursuant to KRS Chapter 273 and recognized and certified by the
commission shall select a chief. The appointment of the chief shall be subject to the
approval of the governing board of the department. The chief shall establish a chain
of command within the department. The chief, or the highest person available in the
chain of command if the chief cannot be present, shall, subject to all state statutes as
applicable, have the following rights and responsibilities:
(a) Authority to order the immediate evacuation of areas endangered by fire, a
hazardous materials incident, or other impending disaster that constitutes a
threat to life or property;
(b) Authority to be in charge of all fire ground operations at the scene of a fire or
other emergency;
(c) Control of all department personnel while on duty; and
(d) Control of all equipment of the department.
The chief of each fire department created pursuant to KRS Chapter 273 and
recognized and certified by the commission shall perform necessary actions to
maintain recognition and certification of the department by the commission.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 43, sec. 5, effective July 15, 1994.
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