§ 34.28  FIRE CHIEF; DUTIES.
   The Fire Chief shall perform all duties required of the Fire Chief by law or ordinance, including, but not limited to, the following:
(Iowa Code § 100.2)
   (A)   Enforce laws.  Enforce ordinances and laws regulating fire prevention and the investigation of the cause, origin and circumstances of fires;
   (B)   Technical assistance. Upon request, give advice concerning private fire alarm systems, fire extinguishing equipment, fire escapes and exits and development of fire emergency plans;
   (C)   Personnel.  The selection of personnel to provide fire, EMS and rescue services and providing an accurate list of those persons, revised at the end of each calendar quarter.
      (1)   Career positions.  The Fire Chief shall appoint and promote subordinate officers and other members of the Department subject to civil service procedures and Iowa Code Chapter 35C (Veterans Preference), when appropriate. In the event of the absence of the Fire Chief, an officer designated by the Fire Chief shall be in charge and have and exercise all the powers of the Fire Chief.
      (2)   Part-time/paid on-call positions.  The Fire Chief shall appoint and promote paid on-call and part-time members subject to the approval of the City Manager and in accordance with city policies regarding the employment of non-civil service positions.
   (D)   Serve as municipal emergency management coordinator.  Be designated as the municipal Emergency Preparedness Director and be responsible for the development, implementation and revision of a municipal emergency operations plan approved in writing by the City Manager. The municipal emergency operations plan shall complement and supplement the Polk County emergency operations plan. The municipal emergency management coordinator shall coordinate all of components of the emergency management program in the city, including hazard analysis, preparedness, mitigation, response and recovery activities for all natural and technological disaster emergencies;
   (E)   Training.  Designating personnel, with the City Manager’s approval, to attend schools and courses concerned with fire, EMS and rescue service and all reasonably related subjects;
   (F)   Purchase of equipment.  The Fire Chief shall make recommendations to the City Manager for the purchase of equipment as the officers deem necessary for the proper operation of the service;
   (G)   Budget.  Prepare an annual operating budget for submission to the City Manager. Advise the City Manager of the Department’s financial conditions on a regular basis;
   (H)   Authority at fires.
      (1)   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; and
(Iowa Code § 102.2)
      (2)   The Chief of the Fire Department or the Chief’s designee shall investigate into the cause, origin and circumstances of every fire occurring in the city by which property has been destroyed or damaged or which results in bodily injury to a person, and determine whether the fire was the result of natural causes, negligence or design. The State Fire Marshal may assist in the investigation or may direct the investigation if the Fire Marshal finds it necessary.
(Iowa Code § 100.2)
   (I)   Control of scenes.  Prohibit an individual, vehicle or vessel from approaching a fire or rescue scene and remove from the scene any object, vehicle, vessel or individual that may impede or interfere with the operation of the Fire/EMS Department;
(Iowa Code § 102.2)
   (J)   Authority to barricade.  When in charge of a fire, EMS or rescue 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, EMS or rescue efforts of the Department, to control the scene until any required investigation is complete, or to preserve evidence related to the fire or other emergency;
(Iowa Code § 102.3)
   (K)   Command.  Be charged with the duty of maintaining the efficiency, discipline and control of the Fire/EMS Department. The members of the Department shall, at all times, be subject to the direction of the Fire Chief;
   (L)   Property.  Present recommendations to the Mayor and City Manager regarding fire and EMS apparatus, tools, equipment and other property used by or belonging to the Fire/EMS Department;
   (M)   Notification.  Whenever death, serious bodily injury or property damage in excess of $200,000 has occurred as a result of a fire, or if arson is suspected, notify the State Fire Marshal’s Division immediately. For all fires causing an estimated damage of $50 or more or emergency responses by the Fire Department, file a report with the Fire Marshal’s Division within ten 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;
(Iowa Code § 100.3)
   (N)   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 investigations or inspections which under law or ordinance may be necessary to be made and is reasonably necessary to protect the public health, safety and welfare;
(Iowa Code § 100.12)
   (O)   Recommendation.  Make recommendations to owners, occupants, caretakers or managers of buildings necessary to eliminate fire hazards. The examining official shall order the correction of a condition which is in violation of the Fire Code. The order shall be in writing or, if the danger is imminent, orally followed by a written order. The examining official shall enforce the order in accordance with the applicable law or ordinance. At the request of the examining official, the State Fire Marshal may assist in an enforcement action;
(Iowa Code § 100.12)
   (P)   Assist State Fire Marshal.  At the request of the State Fire Marshal, and as provided by law, aid the Marshal in the performance of duties by investigating, preventing and reporting data pertaining to fires;
(Iowa Code § 100.2)
   (Q)   Records.  Cause to be kept records of the Fire/EMS Department personnel, firefighting and rescue 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; and
   (R)   Reports.  Compile and submit to the City Manager an annual report of the status and activities of the Department as well as other reports as may be requested by the Mayor, Council or City Manager.
(Ord. 2010-20, passed 1-11-2011)