An ordinance to provide that the _______ Township Board may establish the ________ Fire Department; provide for the basic organizational structure of said fire department; delegate broad management authority and responsibility to the fire department Chief; provide standards of accountability of the Chief and other department personnel to the Township Board; and repeal any parts or portions of ordinances inconsistent herewith.

THE TOWNSHIP OF ________, ________ COUNTY, MICHIGAN, ORDAINS:

Section 1: Scope, Purpose and Intent
This ordinance is adopted pursuant to the authority granted the Township Board under the Police and Fire Protection Act, Public Act 33 of 1951, as amended, (MCL 41.801, et seq.). (Charter townships use this language: “This ordinance is adopted pursuant to the authority granted the Charter Township Board under the Charter Township Act, MCL 42.13.”).

The purpose of this ordinance is to provide that the ________ Township Board shall hereby establish the ________ Township Fire Department; to establish jurisdiction and authority of the Township Board over personnel selection; to establish authority to adopt rules and regulations for the conduct of personnel and maintenance of equipment; to employ and appoint a Chief, firefighters and officers, and to prescribe the powers and duties of fire department volunteers and employees.

Section 2: Geographic Coverage Area
The ________ Township Fire Department shall be responsible for providing services to (describe area, such as, “the entire geographic boundaries of _________ Township”; “sections _____ of _________ Township”; “named sections or the entirety of other named local government entities protected by contract entered into by ________Township Board.”)

The fire department shall restrict its delivery of emergency services to the geographic area described in this section, and to other jurisdictions with which the Township Board has negotiated and entered into mutual aid agreements.

Section 3: Scope and Level of Services
Consistent with appropriations and budget authorization, the ________ Township Fire Department is authorized to provide to the citizens of _________ Township, the following programs and services (select all that apply):

1. Fire Suppression

2. Fire Education

3. Fire Prevention and Code Enforcement

4. Emergency Medical Services at the basic, specialist or advanced level (indicate as appropriate)

5. Others (list)

Section 4: Basic Organizational Structure
The ________ Township Fire Department shall be actively supervised and managed by a department Chief appointed by the Township Board (option for charter townships: appointed by the Township Supervisor/Superintendent with the approval of the Township Board). To ensure continuity of command and appropriate incident supervision, the Township Board authorizes the following officer positions which shall be subordinate to the Chief, and which creates the following chain of command in descending order of authority:

Assistant Chief

Captain

Lieutenant(s)

Engineers (Sergeants)

Firefighters (Career or on-call)

With the advice and assistance of the Chief, the Township Board shall develop and approve job descriptions for each of these positions. The Township Board, with the advice of the Fire Chief, shall fill these positions (option for charter townships: the Supervisor/Superintendent shall appoint such persons, subject to the approval of the Township Board).

Officers and firefighters shall be selected based on experience, training, and qualifications, and who would, at the Township (Board’s/Supervisor’s/Superintendent’s) discretion, best perform the duties associated with providing fire protection to the citizens of ________ Township.

Temporary officers may be appointed by the senior officer present at any emergency to ensure the continuity of the chain of command. Such temporary appointments shall terminate when the officer with the given responsibility becomes available.

Each command officer shall be responsible that subordinates carry out orders.

(Note: there is considerable local discretion and variation among townships as to the department organization, particularly in townships that have more than one station. Larger townships may organize their departments into battalions, which would be reflected in this section).

Section 5: Fire Department Finances
The Township Board shall approve an annual appropriation for the operation and maintenance of the department and its equipment, and for that purpose shall have the authority to use general funds, to initiate the creation of a special assessment district and levy assessments, sell bonds, establish user fees, or raise revenues in any other manner provided for under law for the operation and maintenance of the department; it shall provide for payment of any debts incurred incidental to its continued operation; it shall purchase necessary equipment, and/or construct public buildings for uses incidental to the maintenance and operation of a fire department.

Section 6: Fire Department Rules and Regulations
The Township Board shall establish rules and regulations for the operations of the department and the care of the equipment through adoption of general policies, and the Fire Chief shall prepare and enforce specific procedures consistent with such policies.

Section 7: Chief Duties
The Township Board shall* appoint a Chief who shall be the chief administrative officer of the department. The Chief shall be accountable to the Township Board for the efficient and effective operation of the department, and for the department’s compliance with all state laws and administrative rules, township ordinances and policies. The Chief shall serve at the pleasure of the Board.
*(For charter townships, insert the following clause at the location of the asterisk (*): ... authorize the Township Supervisor/Superintendent, subject to the approval of the Board, to ...)

The Chief shall develop written administrative rules to increase the efficiency and effectiveness of the department, including pre-planning and post-incident critiques, regulations, as well as assigning and scheduling of personnel, and shall submit to the Township Board plans for the long-range needs of the department.

The Chief shall be familiar with state and federal laws that impact on fire department operations, and shall develop written rules and regulations, and issue orders consistent with, applicable federal and state laws and administrative rules. Noncompliance of applicable state and federal laws and regulations shall be promptly reported to the Township (supervisor/superintendent/manager).

The Chief shall maintain a current copy of MIOSHA (Michigan Occupational Safety and Health Act) General Industry Safety Standards and shall develop written policies and procedures to ensure compliance. The Chief shall promptly inform the Township Board of any procedure or equipment that is not in compliance with any MIOSHA General Industry Safety Standard and shall recommend board actions to achieve compliance.

The Chief shall review all personnel and operating problems that are not resolved at the department level with the Township(Supervisor/Superintendent/Manager) and shall report department activities monthly to the Township Board. A written report on department activities shall be filed annually with the Township Board.

As needed, the Chief shall notify the Township (Supervisor/Superintendent/Manager) of major problems or issues that require board action. When such problems must be resolved immediately and it is impractical or will endanger the health, safety or welfare of the Township to wait until the next board meeting to resolve the issue, the Township (Supervisor/Superintendent/Manger) shall be empowered to resolve the issue or problem, subject to the subsequent report of the action to the Township Board.

The Chief shall hold regular department informational and training meetings.

The Chief may incur expenditures against the department budget as appropriated by the Township Board. The Chief will monitor the unencumbered balances remaining in the department budget and shall make timely recommendations for budget amendments at such time as the need for such amendments become known. The department’s expenditures shall not exceed the amounts appropriated. Capitol outlay purchases that exceed $_____ shall conform to Township policy regarding written quotes and competitive bidding.

The Chief shall also be responsible for the following:

1. Supervise the extinguishment of all fires that endanger the health, safety and welfare of ________ Township.

2. Enforce Township burning ordinances. (if applicable)

3. Ensure that all personnel are trained and qualified for the duties that they are expected to fulfill.

4. Ensure that fire prevention programs are conducted.

5. Ensure that qualified personnel conduct fire inspections and that the fire prevention code adopted by the township board is fairly and effectively enforced. (if applicable)

6. Ensure that all department equipment and buildings are properly maintained and in good working order.

7. Ensure that all department personnel comply with departmental and board rules, regulations and policies.

Section 8: Firefighters
Applicants for vacant firefighter positions shall be of good character, possess a good driving record, and shall be screened by a physician of the township board’s choice and at township expense. The physician’s examination shall determine if the applicant is physically fit and have the ability to perform assigned emergency operations. The physician will identity pre-existing physical conditions that would preclude the applicant from performing the duties associated with firefighting.

All firefighters shall serve an initial probationary period for a period of not less than six months. At the discretion of the chief, the probationary period may be extended.

Probationary status shall continue, at a minimum, until the firefighter successfully completes the State of Michigan’s Firefighter I examination (or, in the case of full time firefighters, the Firefighter II examination).

At the conclusion of the minimum probationary period, the Chief may recommend that a probationary firefighter that has met all of the qualifications contained in the firefighter job description be given permanent firefighter status by the Township Board. The Chief shall also recommend to the Township Board the dismissal of any firefighter who does not or cannot meet the qualifications to be a firefighter and reasons for such recommendation.

A probationary firefighter shall be entitled to all compensation and benefits afforded to permanent firefighters, but shall be restricted to perform only those duties for which he/she has been specifically trained and qualified. A probationary firefighter shall not be issued department insignia or badges. Probationary firefighters shall not use emergency signal devices on their private vehicles.

Section 9: Training
The Chief shall develop a regular schedule of in-house training classes, including an attendance requirement for all department personnel. The schedule shall specify the type, amount and frequency of training to be provided to fire service personnel necessary to assure that all employees are adequately trained to properly handle the inherent risks of fire fighting and other emergency incidents. The Chief shall ensure that a record of each firefighter’s participation and skill mastery is maintained. Employees shall be trained before they are permitted to perform emergency operations. The Chief shall ensure that qualified individuals deliver in-house instruction.

The Chief shall require that all firefighters have achieved and maintained all certifications required by state or federal law or rule to perform fire suppression, emergency medical services, or other services performed by the department.

Section 10: Safety
The Chief shall be familiar with the provisions of federal and state laws and administrative rules related to employee safety and health regulations, and shall develop written procedures to ensure compliance.

The Chief shall establish and implement written procedure for emergency operations in compliance with current MIOSHA regulations. The written procedures shall include all of the following:

a) Compliance with a nationally recognized incident management system that will be implemented at each emergency

b) A personnel accountability system that will be implemented at each emergency

c) Applicability to all employees who are operating at the emergency

d) Initial training and annual refresher training in emergency operations and the incident management system

e) Procedures that are in accordance with the “two in/two out” rules as found in the provisions of current MIOSHA standards.

f) A trained employee shall function as the incident commander at each emergency

g) The Township Board shall have previously deputized firefighters who direct traffic at the site of an emergency as traffic officers.

Section 11: Disciplinary Procedure
Violations of any this ordinance, other board rules, department administrative regulations, or convictions of a felony shall subject any personnel involved to disciplinary proceedings.

The Chief upon good cause shown shall document a violation, or when a violation occurs in his/her presence. The Chief shall provide a copy of the written reprimand to an alleged violator. The written reprimand shall state the rule that was allegedly violated, the nature of any disciplinary action taken, and the consequences of any further recurrences.

Disciplinary action may range from a reprimand to a suspension, demotion or dismissal, or a combination of any of the above, depending on:

1. Seriousness of the violation

2. Consequences to the safety of others by the violation

3. Potential harm to the department or the Township

4. Prior record of the individual

5. The degree of wantonness, if any, of the act

Dismissal of a firefighter shall be a decision of the township board upon the recommendation of the Fire Chief following a hearing by the Township Board if requested by the firefighter. Such hearing may be conducted in closed session if requested by the firefighter who is subject to dismissal.

Any disciplinary action other than dismissal may be appealed to the Township Board, which shall affirm, deny, or modify the disciplinary action taken by the Chief.

The Township Board may, on its own initiative, bring disciplinary charges against any fire department personnel. Disciplinary action initiated by the Township Board shall follow the above procedures, except that the responsibilities designated above to the Chief shall be performed by the Township Board.

In addition to such administrative rules that may be promulgated by the Chief, theft of property owned by the Township, or theft of property committed while performing duties of a firefighter, or other actions that are violations of state or federal penal codes, shall be cause for dismissal.

Firefighters shall not respond to emergencies, meetings or training sessions while under the influence of alcohol or any controlled substances.

Section 12: Compensation
Compensation to firefighters shall be in such amounts as may be determined from time to time by the Township Board. The department shall keep accurate records that indicate the amount of compensable time served by all personnel. The time records shall be submitted monthly to the Township Board for payment, and all such time slips shall be signed by the department personnel designated on the time slip.

Section 13: Public Contact
The Fire Chief, or his/her designee, may release facts regarding fires or other emergencies to the news media. The Chief or his/her designee shall speak to the media on behalf of the department. All other personnel shall refer all media inquiries requiring a statement on behalf of the department to the Chief or the designee.

Department personnel shall not, in connection with department activities or functions, make statements or writings that constitute libel or slander; which would impede a law enforcement investigation or compromise the presumption of innocence until proven guilty; or which would deny any person due process.

Members of the public will be allowed in the fire station only when accompanied by a member of the department. All department personnel will always treat the public courteously and professionally.

Section 14: Emergency Responses
When responding to emergencies, all personnel will drive emergency vehicles with appropriate concern for the safety of the public and defensive driving. Use of emergency signals on vehicles shall be considered a request for the right of way from other drivers.

Use of emergency signal equipment shall be permitted only when the department has been officially dispatched to an emergency.

The Fire Chief shall establish written regulations regarding the use of emergency signal equipment on Township-owned and personal vehicles.

Section 15: Department Equipment
Protective equipment shall be worn when engaged in firefighting in any enclosed structure, or outdoors when warranted.

Lost or damaged equipment shall be reported as soon as possible to an officer. Township property shall be disposed of only with the prior approval of the Township Board. All department-issued equipment shall be returned to the Chief upon terminating employment with the department.

Section 16: Use of Fire Station
Only Township-owned vehicles and equipment may be kept at the fire station. Department equipment shall not be borrowed for private use. Private vehicles must be parked in designated areas only. Alcohol and controlled substances shall not be brought into the fire station.

Section 17: Soliciting Donations
All fundraising activities shall have the prior approval of the Township Board, and all revenues solicited in the name of the fire department shall be deposited with the Township Treasurer. Such funds will be disbursed by Treasurer, upon receiving a warrant signed by the Clerk, following audit and approval by the Township Board.

Any fund raising activities on behalf of the fire department, yet not solicited in the name of the Township or the fire department, shall be conducted by a tax-exempt organization that has been designated as a 501(c)(3) charity by the Internal Revenue Service.

The personnel of the fire department are authorized to incorporate a tax-exempt charitable organization that shall be known as "The _________ Township Firefighters Association." The purpose of the association shall be to provide for the social development of personnel and the betterment of fire protection in the township. The association shall be incorporated under the laws of the State of Michigan, with by-laws approved by the Township Board. The association may elect its own officers. Upon request, the association shall disclose its records, including any financial records, to the Township Board.

Section 18: Savings Clause
Should any court of competent jurisdiction declare any portion of this ordinance unenforceable, the remainder of this ordinance shall remain in full force and effect unaffected by the portion that might be so declared to be unenforceable.

Section 19: Effective Date
This ordinance shall take effect on ______. All ordinances in conflict herewith are hereby repealed.

The purpose of this sample ordinance is to provide a suggested guideline for the types of items that should be included within an ordinance. Certainly, no sample ordinance should be used unless, after careful review, it is the professional judgment of your legal counsel that using the sample will accomplish the particular objectives and intentions of your township. Although these sample ordinances are the result of much thought and effort, neither the authors nor the Michigan Townships Association assumes any responsibility for the results of using these samples word-for-word in individual cases.