A paid and career Fire Department is hereby established to prevent and extinguish fires and to protect lives and property against fires, to promote fire prevention and life safety, and to respond to all emergency medical and rescue requests for which there is no other established agency.

   The department consists of the Fire Chief and such other officers and personnel as may be authorized by the Council.

   The Fire Chief is directly responsible to the City Administrator for administration of the Fire Department.

   All members of the department shall meet the minimum training standards established by the State Fire Marshal and attend and actively participate in regular or special training drills or programs as directed by the Fire Chief.

   Members of the department shall be designated by rank and receive such compensation as shall be determined by resolution of the Council.

   The City Administrator shall appoint a Fire Chief, subject to the approval of the Council. The Fire Chief shall be responsible to the City Administrator for the functions of the Fire Department. The Fire Chief shall appoint any other officers in the department. In case of absence of the Chief, the officer next in rank shall be in charge and have and exercise all the powers of Chief.

   The Fire Chief shall perform all duties required of the Fire Chief by law or ordinance, including, but not limited to, the following:

   1.   Enforce Laws. Enforce ordinances and laws regulating fire prevention and the investigation of the cause, origin, and circumstances of fires and explosions.

   2.   Technical Assistance. Upon request, give advice concerning private fire alarm systems, fire extinguishing equipment, fire escapes and exits, and development of fire emergency plans.

   3.   Authority at Fires. When in charge of a fire scene, direct an operation as necessary to extinguish or control a fire, perform a rescue operation, investigate the existence of a suspected or reported fire, gas leak, or other hazardous condition, or take any other action deemed necessary in the reasonable performance of the department’s duties.

   4.   Control of Scenes. Prohibit an individual, vehicle, or vessel from approaching a fire scene and remove from the scene any object, vehicle, vessel, or individual that may impede or interfere with the operation of the Fire Department.

   5.   Authority to Barricade. When in charge of a fire scene, place or erect ropes, guards, barricades, or other obstructions across a street, alley, right-of-way, or private property near the location of the fire or emergency so as to prevent accidents or interference with the firefighting efforts of the Fire Department, to control the scene until any required investigation is complete, or to preserve evidence related to the fire or other emergency.

   6.   Command. Be charged with the duty of maintaining the efficiency, discipline, and control of the Fire Department. The members of the Fire Department shall, at all times, be subject to the direction of the Fire Chief.

   7.   Property. Exercise and have full control over the disposition of all fire apparatus, tools, equipment, and other property used by or belonging to the Fire Department.

   8.   Notification. Whenever death, serious bodily injury, or property damage in excess of $200,000.00 has occurred as a result of a fire, or if arson is suspected, notify the State Fire Marshal’s Division immediately. For all other fires causing an estimated damage of $50.00 or more or emergency responses by the Fire Department, file a report with the Fire Marshal’s Division within 10 days following the end of the month. The report shall indicate all fire incidents occurring and state the name of the owners and occupants of the property at the time of the fire, the value of the property, the estimated total loss to the property, origin of the fire as determined by investigation, and other facts, statistics, and circumstances concerning the fire incidents.

   9.   Right of Entry. Have the right, during reasonable hours, to enter any building or premises within the Fire Chief’s jurisdiction for the purpose of making such investigation or inspection which under law or ordinance may be necessary to be made and is reasonably necessary to protect the public health, safety, and welfare.

   10.   Recommendation. Make such recommendations to owners, occupants, caretakers, or managers of buildings necessary to eliminate fire hazards.

   11.   Assist State Fire Marshal. At the request of the State Fire Marshal, and as provided by law, aid said marshal in the performance of duties by investigating, preventing, and reporting data pertaining to fires.

   12.   Records. Cause to be kept records of the Fire Department personnel, firefighting equipment, depreciation of all equipment and apparatus, the number of responses to alarms, their cause and location, and an analysis of losses by value, type, and location of buildings.

   13.   Reports. Compile and submit to the Mayor, Council, and City Administrator an annual report of the status and activities of the department as well as such other reports as may be requested by the Mayor, Council, or City Administrator.

   14.   Personnel. Recruit, select, and train personnel to provide the necessary proficiency level for emergency service responses.

   15.   Budget. Prepare annual budgetary requests and Capital Improvement Plan (CIP) for personnel, apparatus, equipment, and maintenance to ensure safe and efficient emergency response for Council approval.

   No person shall willfully fail or refuse to comply with any lawful order or direction of the Fire Chief.

   The Fire Chief shall establish such rules and regulations, not in conflict with this Code of Ordinances and subject to the approval of the Council, as may be necessary to accomplish the object contemplated for the safe, efficient, and proper performance operations of the department.

   The Council contract to insure the City against liability for worker’s compensation and against statutory liability for the costs of hospitalization, nursing, and medical attention for firefighters and medical personnel injured in the performance of their duties whether within or outside the corporate limits of the City. All Fire Department staffing shall be covered by the contract.

   The Council shall contract to ensure against liability of the City or members of the Fire Department for injuries, death, or property damage arising out of and resulting from the performance of departmental duties within or outside the corporate limits of the City.

   The Fire Department shall answer calls to fires and other emergencies outside the City limits if the Fire Chief determines that such emergency exists and that such action will not endanger persons and property within the City limits.

   Subject to approval by resolution of the Council, the Fire Department may enter into mutual aid agreements with other legally constituted fire departments. Copies of any such agreements shall be filed with the Clerk.

   Fire officials acting under the authority of Chapter 10A, Subchapter V, Part 2 of the Code of Iowa, may issue citations in accordance with Chapter 805 of the Code of Iowa, for violations of Chapter 10A, Subchapter V, Part 2 of the Code of Iowa or a violation of a local fire safety code.

   The Fire Department is authorized to provide emergency ambulance and rescue services and the accidental injury and liability insurance provided for herein shall include such operation. The Fire Department shall charge a fee to the user of such service as set forth in a schedule of fees adopted by Council in resolution form. Payment of such fee shall be made to the City Fire Department and deposited in the General Funds.