HomeMy WebLinkAbout2011-3-03Tentative
BOARD OF SUPERVISORS
T E N T A T I V E
MARCH 3, 2011
3:00 P.M. – 5:00 P.M.
ROOM 241
COUNTY OFFICE BUILDING
1. Call to Order.
2. Work Session: Fire/Rescue Ordinance.
3. Matters Not Listed on the Agenda.
4. Adjourn to March 7, 2011, 9:00 a.m., Room 241.
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Fire Rescue Ordinance
SUBJECT/PROPOSAL/REQUEST:
Work session to consider a proposed ordinance to amend
County Code Chapter 6, Fire Protection, to better clarify
roles, responsibilities, and authority for managing the
County’s coordinated fire & rescue system.
STAFF CONTACT(S):
Messrs. Foley, Elliott, Davis, Eggleston, and Ms. Kim
LEGAL REVIEW: Yes
AGENDA DATE:
March 3, 2011
ACTION: INFORMATION: X
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Prior Ordinance Development
At its October 24, 2008 work session, the Board directed staff to work collaboratively with members of the Albemarle
County Fire and Rescue Advisory Board (ACFRAB) and Board liaisons Ken Boyd and Ann Mallek to develop an
ordinance establishing an organizational structure for the combined volunteer and career fire and rescue system. The
ordinance committee’s work culminated in a draft ordinance presented for first and second readings to the ACFRAB in
February and March, 2009. Feedback from ACFRAB was incorp orated in additional revisions to the draft ordinance. In
the spring of 2009 the Board decided to delay holding a public hearing on the draft ordinance in order to focus its
efforts on implementing an EMS Cost Recovery program.
In April 2010, the Board asked that the ordinance committee be reconvened to review the draft ordinance and to
provide the ACFRAB an opportunity to provide additional comments and suggestions. The committee met on
June 23, 2010 and further revisions to the ordinance were made based on the volunteer chiefs’ comments. The final
draft included revisions to § 6-104 to clarify the role of the fire and rescue chief and to specifically require the chief to
consult first with the volunteer executive committee before making significant decisions affecting the coordinated
system. On August 11, 2010, the Board held a public hearing to consider adoption of the ordinance. The ordinance
failed to pass pursuant to a 3 to 3 vote.
Ordinance Development after August 11, 2010
Between September and November, 2010, an ad hoc committee made up of volunteer chiefs and Board members
Ann Mallek and Rodney Thomas met several times to draft revisions to the August 11th ordinance. The Board affirmed
at its November 3, 2010 meeting that it remained committed to an ordinance based on a collaborative fire chief
organizational model rather than a commission model. At the committee’s invitation, staff from the Albemarle County
Department of Fire and Rescue (“ACFR”) and the County Attorney’s Office met with the ad hoc committee six times
from December through February, 2011 to work on revisions to the August 11th ordinance. The County Attorney’s
Office generated four drafts of the ordinance for the committee’s review and comments. Although many changes to
the August 11th ordinance were made with the consensus of the full committee, the volunteer and County members
continue to disagree about whether the fire and rescue chief should be a member of the Fire and EMS Board (FEMS
Board), the proposed new name for the ACFRAB. Volunteer chiefs prefer to include the fire and rescue chief as a
FEMS Board member while County staff advocates that the chief serve as an executive supporting the FEMS Board
and as chair of the FEMS Board’s Executive Committee.
Following the committee’s final meeting on February 1, 2011, the County Attorney’s Office produced a final draft
ordinance dated February 1, 2011 (Attachment A). This draft was circulated by the ACFRAB chair to all ACFRAB
members in early February. This document shows proposed changes to the August 11, 2010 ordinance in redline
format. The two areas highlighted in yellow, within sections 6-104(3) and 6-106(b), represent the areas of
disagreement between the County and volunteer committee representatives concerning the fire and rescue chief’s
role in the FEMS Board.
AGENDA TITLE: Fire Rescue Ordinance
March 3, 2011
Page 2
Staff has prepared a brief summary document (Attachment B) to illustrate the proposed roles and responsibilities of
the fire and rescue chief and the FEMS Board. This document reflects the chief serving as an executive supporting
the FEMS Board, rather than as a member of the FEMS Board.
On February 9, 2011, the Board adopted a schedule for consideration of the draft ordinance. (Attachment C).
Pursuant to this schedule, ACFRAB members met on February 15th to discuss the draft ordinance with the ad hoc
committee members, including County staff and Board members. Opportuniti es for additional ACFRAB review and
Board direction have been scheduled to occur after the Board’s March 3rd work session.
DISCUSSION:
The following summary highlights the substantive changes proposed to the August 11 th ordinance as shown in the
February 1, 2011 draft ordinance. Except as otherwise stated, all changes reflect initiatives and requests made by the
volunteer representatives of the committee:
§ 6-101 - Definitions: ACFRAB has been renamed the “Fire and EMS Board” or “FEMS Board,” and a definition
of “volunteers” has been added.
§ 6-104 - Fire and Rescue Chief:
o New provision that two representatives designated by the FEMS Board must be part of the selection
process for a fire and rescue chief.
o Subsection (1): Language modified to make it more evident that the chief’s general oversight and
management authority in this subsection is not open-ended, but constrained by policy and strategy
development.
o Subsection (2): Language added to clarify that the FEMS Board may always discuss and consider actions
taken by the chief made in areas not covered by policy.
o Subsection (3): Language proposed by staff to summarize the chief’s role and duties with respect to the
FEMS Board and its Executive Committee. The volunteer representatives agree with these functions, but
believe the chief should serve as a member of the FEMS Board.
o Subsection (4): Language deleted in order to add this as a FEMS Board responsibility under §6 -107.
§ 6-106 – Establishment and composition of FEMS Board: Language proposed by staff to reflect the chief’s role
as an executive of the system to support the FEMS Board. The volunteer representatives believe the chief should
serve as a member of the FEMS Board.
§ 6-107 – Responsibilities of the FEMS Board: Several clarifications added, based on the volunteers’ draft
ordinance, to explain the FEMS Board’s communications and committee functions. Subsection (7) added as a
new responsibility of the FEMS Board to develop, in collaboration with the fire and rescue chief, a grievance
procedure for individual volunteers.
§ 6-108 – Executive Committee of the FEMS Board: Changes made to the composition of the Executive
Committee and to clarify that it may perform delegated functions of the FEMS Board.
§ 6-109 – Procedure for developing policies:
o New provision allows the Executive Committee to submit a proposed policy for FEMS Board
consideration, even if the fire and rescue chief disagrees with the proposed policy and allows competing
policies proposed by the Executive Committee and the chief to be considered by the FEMS Board. The
chief’s decision not to issue the Executive Committee’ policy may be appealed by the FEMS Board to the
County Executive, then to the Board of Supervisors.
AGENDA TITLE: Fire Rescue Ordinance
March 3, 2011
Page 3
o Clarification made that all appealed policies will be suspended, and not implemented, during the period of
any appeal.
o New provisions added by staff to streamline the appeal process by eliminating the informal appeal
process.
o Provisions added to make policy appeals more convenient for the FEMS Board by stating requirements
about meeting minutes and staff support.
o Clarifications made by staff about minor logistical matters regarding procedure.
§ 6-110 – Noncompliance with system policies:
o New section created to provide a peer-accountability procedure for the volunteer organizations in cases
of “material” noncompliance with system policies. The original draft developed by the volunteer chiefs
tracked language nearly verbatim from the Prince William County ordinance.
o Staff revised language from the Prince William ordinance with the input of the volunteer representatives.
Highlights include: providing a distinct role for the chief separate from the Executive Committee and
creating avenues for appeal and emergency action in the event that the chief and the Executive
Committee disagree; creation of a mandatory informal resolution process prior to any formal complaint of
material noncompliance; defining “material noncompliance;” and eliminating company “hearings” in favor
of direct communication between the Executive Committee and the noncompliant organization to
implement a plan of remediation.
o Appeals of material noncompliance determinations or plans of remediation may be made by the
noncompliant volunteer agency and would be heard by the County Executive or his designee. All matters
regarding the dissolution of an agency or reduction in funding would be reserved for the Board.
At its February 23, 2011 meeting, ACFRAB voted to advance to the Board of Supervisors an alternative version of the
proposed Ordinance as drafted by its ad-hoc working committee as of November 1, 2010. ACFRAB requested that
staff provide this version as an attachment to this Executive Summary (Attachment D). It should be noted that
subsequent to November 1, 2010 staff joined the ad-hoc working committee and the February 1, 2011 version
(Attachment A) represents the work of the committee as of that date. Attachment E provides an unedited version of
the Ordinance considered by the Board on August 11, 2010.
BUDGET IMPACT:
Although there is no immediate budget impact associated with the proposed fire rescue structure, the amount of staff
time to support the FEMS Board and the Executive Committee will need to be evaluated over time to determine if a
sustained amount of support can be provided with existing staff.
RECOMMENDATIONS:
After the work session, staff recommends that the Board authorize the Clerk to advertise for action by the Board at its
April 20, 2011 meeting, an ordinance to amend County Code Chapter 6, Fire Protection, that incorporates the
proposed changes to the August 11, 2010 draft ordinance as shown in Attachment A.
ATTACHMENTS
A – Working-Draft Ordinance dated February 1, 2011 showing changes from August 11, 2010 Draft Ordinance
B – System Level Roles and Responsibilities of the Fire and Rescue Chief and the FEMS Board
C – Recommended Process for Fire/Rescue Ordinance Consideration
D - Ad-hoc Committee Draft Ordinance, October 2010
E – Draft Ordinance considered by the Board on August 11, 2010
Return to agenda
2/1/11 DRAFT
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ARTICLE I. COORDINATED FIRE AND RESCUE SYSTEM
DIVISION I. IN GENERAL
Sec. 6-100. Purpose.
The board of supervisors, determined to provide for the public safety, health and welfare of
Albemarle County citizens and communities, hereby establishes a coordinated and integrated fire
and emergency medical service system currently composed of the following, volunteer fire
companies, volunteer rescue squads and the Albemarle County Department of Fire and Rescue:
Charlottesville-Albemarle Rescue Squad
Crozet Volunteer Fire Department
Earlysville Volunteer Fire Company
East Rivanna Volunteer Fire Company
North Garden Volunteer Fire Company
Scottsville Volunteer Fire Department
Scottsville Volunteer Rescue Squad
Seminole Trail Volunteer Fire Department
Stony Point Volunteer Fire Company
Western Albemarle Rescue Squad
In taking this measure to assure the most efficient and effective service possible and to
meet the challenges of the growth and development of the jurisdiction, the board of supervisors
specifically recognizes the essential and historical contributions of volunteers and the necessity
of continuing and expanding volunteer participation, without which the county could not
discharge its responsibilities.
The coordinated fire and rescue system shall work to develop an integrated and seamless
systems approach to the provision of emergency services; promote the interests and welfare of
County citizenry and communities; perform with maximum cost-effectiveness consistent with
safety objectives; account for service delivery and resource utilization; and communicate and
consider all views regarding the system.
Sec. 6-101. Definitions.
For the purposes of this article and, unless otherwise required by the context, the
following words and terms shall have the meanings respectively ascribed to them by this section:
Advisory Board means the Albemarle County Fire and Rescue Advisory Board.
KEY TO THE CHANGES
Gray font: Section has not changed since presentation to the BoS in 08/10
Red font: Deleted text
Blue font: Added text
Yellow: Volunteer chiefs and County representatives on the ordinance
drafting committee disagree.
2/1/11 DRAFT
2
Albemarle County Department of Fire and Rescue means the county agency responsible
for delivering fire, rescue and emergency medical services in partnership with the volunteer
organizations within the coordinated fire and rescue system.
Board or board of supervisors means the Board of Supervisors of Albemarle County.
Company means a volunteer fire company or department located in Albemarle County.
Each individual fire-fighting organization within the county shall be defined as a “fire company,”
as provided in Virginia Code §27-8.1.
County employees or County staff means employees of the Albemarle County
Department of Fire and Rescue who provide fire, rescue, and emergency medical services as
members of the coordinated fire and rescue system.
County volunteers mean volunteers of the Albemarle County Department of Fire and
Rescue who provide fire, rescue and emergency medical services as members of the coordinated
fire and rescue system. County volunteers are not members of incorporated fire companies or
rescue squads.
Executive Committee means a committee of the advisory board FEMS Board as provided
in section 6-108.
Fire EMS Board or FEMS Board means the Albemarle County Fire and Emergency
Medical Services (EMS) Board, formerly known as the Albemarle County Fire and Rescue
Advisory Board.
Fire and rescue chief or chief means the director of the Albemarle County Coordinated
Fire and Rescue System, as established in section 6-104.
Policies mean the rules and regulations of the coordinated fire and rescue system,
including standard operating guidelines and standard administrative procedures.
Rescue squad means a volunteer rescue squad or emergency medical services
organization, as described by Virginia Code §32.1-111.1 et seq, that is located in Albemarle
County, as well as the Charlottesville-Albemarle Rescue Squad, which has its principal place of
business in the City of Charlottesville.
Volunteers mean non-employee volunteer members of the several fire companies and
rescue squads set forth in section 6-100.
State law reference—Definitions, Virginia Code § 32.1-111.1
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DIVISION II. ESTABLISHMENT OF THE COORDINATED FIRE AND RESCUE
SYSTEM
Sec. 6-102. Establishment and composition of the coordinated fire and rescue system.
(a)The Albemarle County Coordinated Fire and Rescue System (“the system” or “the
coordinated fire and rescue system”) is hereby established pursuant to Virginia Code §27-6.1.
The coordinated fire and rescue system shall provide comprehensive fire, rescue, and emergency
medical services throughout the county in accordance with state laws, county ordinances, and
duly adopted policies issued by the system.
(b)The coordinated fire and rescue system shall be a combined force of non-employee
volunteer members of the several fire companies and rescue squads, county employees, and
county volunteers of the Albemarle County Department of Fire and Rescue. The following
volunteer fire companies and rescue squads, and any others that may be duly established in the
future, along with county volunteers, constitute an indispensable part of the public safety
program for the county: Charlottesville-Albemarle Rescue Squad, Crozet Volunteer Fire
Department, Earlysville Volunteer Fire Company, East Rivanna Volunteer Fire Company, North
Garden Volunteer Fire Company, Scottsville Volunteer Fire Department, Scottsville Volunteer
Rescue Squad, Seminole Trail Volunteer Fire Department, Stony Point Volunteer Fire Company,
and Western Albemarle Rescue Squad.
State law reference – Virginia Code §§27-6.1, 27-8.1
Sec. 6-103. Responsibilities of the coordinated fire and rescue system.
The coordinated fire and rescue system shall:
(1) Manage the delivery of prehospital emergency patient care and services through
policy development and implementation consistent with state emergency medical
services regulations and the guidance of each organization’s operational medical
director.
(2) Manage the provision of system-wide fire prevention, protection, investigation,
suppression, education and rescue services, and services relating to hazardous
materials and other hazards posing a threat to life and property, through policy
development and implementation.
(3) Provide any additional, related, system-wide services that are essential for the
provision of high-quality fire and emergency medical services.
(4) Perform and deliver services consistent with state laws, county ordinances, and
duly adopted policies of the coordinated fire and rescue system.
State law reference – Virginia Code §§27-7, 27-14, and 32.1-111.14
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Sec. 6-104. Fire and Rescue Chief.
The director of the coordinated fire and rescue system shall be known as the fire and
rescue chief, who shall be appointed by the board of supervisors upon recommendation by the
county executive following a selection process that includes representation from both the
Albemarle County Fire and Rescue Advisory Board fire and emergency medical services
membership as designated by the FEMS Board. The fire and rescue chief shall:
(1) Provide general oversight and management of the system’s functions throughby:
a. Strategy Ddevelopmenting, in collaboration with the advisory board FEMS
Board, strategies for the retention and expansion of the volunteer base within the
system to ensure that the health of the volunteer system remains a high priority for
the fire and rescue chief.
b. Policy Ddevelopmenting, in collaboration with the advisory board FEMS Board,
of system-wide policies that are essential to the effective and equitable provision
of high-quality, countywide fire and rescue services, and overseeing the
implementation of those system-level policies. All policies of the coordinated fire
and rescue system shall be developed through the collaborative policy procedures
established by section 6-109 and shall include, but not be limited to:
i. Standard operating guidelines for the system’s delivery of fire, rescue, and
emergency medical services;
ii. System performance standards, such as minimum staffing and response
goals;
iii. A seamless command structure and incident command system that
complies with federal and state incident management standards;
iv. Minimum personnel, training, licensure, and reporting requirements for
the welfare of county and volunteer personnel and the delivery of high -
quality fire and rescue services;
v. System fleet size, deployment, and functions;
vi. Minimum standards regarding apparatus and equipment;
vii. System funding by the County and system budget matters; and
viii. A process for setting and maintaining first due areas, response districts and
apparatus response orders.
(2) Make day-to-day operational decisions necessary for the coordinated system on
matters not specifically addressed by system-wide policies. Prior to any
significant decision affecting the coordinated system, however, the fire and rescue
chief shall consult with the executive committee and consider all reasonable
recommendations from the executive committee to the maximum extent possible.
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If exigent circumstances do not permit such prior consultation with the executive
committee, the fire and rescue chief shall advise the executive committee as soon
as practicable after the decision is made and seek its recommendations for future
actions. The FEMS Board may at any time discuss and review significant system-
wide decisions made by the fire and rescue chief without its prior consultation.
(3) Serve as the executive of the system to support the FEMS Board by leading and
facilitating the executive committee; participating fully in FEMS Board meetings,
communications, programs and activities; providing and managing county staff
support, as needed, for the FEMS Board and executive committee; and overseeing
the preparation of FEMS Board and executive committee agendas and meeting
documents. In no way shall this subsection diminish the authority of the county
executive to supervise the fire and rescue chief.
(4) Provide general management, planning, preparation, response and recovery for
any disaster relating to fires, hazardous materials, rescues or emergency medical
services that may occur in the county.
(4) Develop a broadly supported procedure for chiefs of volunteer organizations to
contest decisions of the fire and rescue chief to the county executive or his
designee in matters affecting individual volunteers, who are not employees of the
County. The general management and discipline of volunteers shall be a station
level responsibility, as provided in section 6-105(b)(6).
(5) Assume responsibility, under the authority of the county executive, for actions
necessary to implement and carry out agreements for mutual aid, disaster
preparedness and the provision of services related to hazardous materials, rescues,
fire suppression, investigation, medical services or other emergency response
services deemed necessary in the judgment of the fire and rescue chief in events
exceeding the capabilities of an individual locality or government agency.
(6) Exercise all powers authorized by state law as necessary for the provision of fire
and emergency medical services.
State law reference – Virginia Code §§27-6.1, 27-7.
Sec. 6-105. Volunteer fire companies and rescue squads; volunteer chiefs.
(a) General; authority to create by-laws. Volunteer fire companies and rescue squads
may be formed, named and dissolved in accordance with state law and board approval. They
shall operate in conformity with state laws, county ordinances, and the duly adopted policies of
the coordinated fire and rescue system. Boards and governing authorities of volunteer
companies and squads shall have full authority to adopt policies, guidelines and protocols for the
governance of their stations, except where specifically constrained by state law, county
ordinances, or policies of the coordinated fire and rescue system as they are duly adopted.
Nothing in this article is intended, nor shall it be construed, to make any member of a volunteer
company or squad an employee of the county.
(b) Responsibilities. Volunteer fire companies and rescue squads shall have all the
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powers and duties granted to them by state law. They shall also execute the following
responsibilities in conformity with their respective organizational by-laws, chains of command,
and the duly adopted policies of the coordinated fire and rescue system:
1. Managing performance by the company or squad, including directing station
activity and operations as needed;
2. Assuming or delegating the role of incident commander within the system’s
integrated incident command structure;
3. Providing management of response districts and apparatus response orders;
4. Selecting and promoting officers and other personnel;
5. Recruiting, retaining and advocating on behalf of volunteer members;
6. Managing officers and personnel, including disciplining, training, and keeping
records;
7. Preparing their annual budgets for submission to the county, and managing
their budgets;
8. Fundraising and managing all funds and assets that derive from private or
non-County sources;
9. Collecting and forwarding to the fire and rescue chief such data, statistics and
other information as may be necessary to assure the efficient and economical
operation of the coordinated fire and rescue system;
10. Caring for and maintaining station facilities, apparatus and equipment; and
11. Managing station procurement of supplies and coordinating station
procurement and stewardship of county-supported apparatus, equipment, and
tools.
(c) Chiefs. The operational head of each volunteer fire company and rescue squad within
the coordinated fire and rescue system shall be selected according to the by-laws of the company
or squad and shall be known as the chief. Volunteer chiefs shall exercise the authority granted to
them by state law and the by-laws of their organizations, so long as their actions do not conflict
with the provisions of this article or the duly adopted policies of the coordinated fire and rescue
system.
State law reference – Virginia Code §§15.2-955, 27-9, 27-10, and 32.1-111.14
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Sec. 6-106. Establishment and composition of advisory boardFEMS Board.
(a) The Albemarle County Fire and EMS Board (“FEMS Board”) is hereby established to
accomplish the following:
1. Collaborate with the fire and rescue chief concerning the delivery of fire,
rescue and emergency medical services as representatives of the volunteer
companies and squads and as described by this article;
2. Facilitate communication and collaboration between the volunteer and county-
employed members of the coordinated fire and rescue system; and
3. Communicate issues of importance to the fire and rescue chief concerning
individual volunteer organizations or the coordinated fire and rescue system.
Nothing in this article abridges the First Amendment rights of private citizens to
communicate directly with the county executive or the board of supervisors.
(b) The advisory board FEMS Board shall be composed of the highest ranking
operational leader of each of the volunteer organizations listed in section 6-102 of this article.
The fire and rescue chief shall attend meetings of the advisory boardFEMS Board, and serve as
the executive of the system to support the FEMS Board as described in section 6-104 but shall
not be a member of the advisory board. Nothing in this section shall be construed to prevent the
FEMS Board from adopting by-laws concerning voting rights and the delegation of duties.
Sec. 6-107. Responsibilities of the advisory board FEMS Board.
The advisory board FEMS Board shall perform the following duties:
(1) Adopt by-laws for its operation consistent with this article, including, but not
limited to, by-laws concerning the voting rights of members and the delegation of
member responsibilities.
(2) Review all proposed policies affecting the coordinated fire and rescue system and
provide comments and advice to the fire and rescue chief through the
collaborative procedures established in section 6-109 and ensure the
communication of duly adopted system-level policies to all companies and
squads.
(3) Appoint a committee or committees to meet regularly with the fire and rescue
chief, county staff and, if appropriate, county volunteers, in order to consider
concerns and provide input regarding:
a. Incident management;
b. Non-conformance with duly adopted system policies; and
c. Assurance of quality in the delivery of emergency services.
(4) Appoint such additional committees as may be necessary, as well as committees
that may be useful to facilitate communication regarding matters of importance to
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the coordinated fire and rescue system in the performance of its essential mission,
including county staff and county volunteers in such committees, as appropriate.
(5) Appoint an executive committee to perform the responsibilities outlined in section
6-108.
(6) Review and provide input and recommendations to the fire and rescue chief
regarding new initiatives for the system’s operating and capital improvement
budgets.
(7) Develop, in collaboration with the fire and rescue chief, a broadly supported
grievance procedure for chiefs of volunteer organizations to contest decisions of
the fire chief to the county executive or his designee in matters affecting
individual volunteers, who are not employees of the county, in accordance with
section 6-109. The general management and discipline of volunteers shall be a
station-level responsibility, as provided in section 6-107.
(6)(8) Meet on a regular basis in order to perform its responsibilities under this section,
and present a report at least annually to the board of supervisors regarding the
health and welfare of the volunteer system.
Nothing in this article abridges the First Amendment rights of private citizens to
communicate directly with the county executive or the board of supervisors.
Sec. 6-108. Executive committee of the advisory board FEMS Board.
(a) Composition. The executive committee of the FEMS Board shall be composed of at
least three members of the advisory board the chair and vice-chair of the FEMS Board, a fire
representative selected by the advisory board FEMS Board in accordance with its by-laws, and a
rescue representative selected by the FEMS Board in accordance with its by-laws and with the
goal of providing equal representation for the fire companies and rescue squads. The fire and
rescue chief shall lead and facilitate the executive committee. Executive committee members
must be active members in good standing with their respective volunteer companies and squads.
(b) Terms of service. The FEMS Board shall determine the terms of service for
committee members, who shall serve at the pleasure of the FEMS Board.
(c) Responsibilities. The executive committee shall advise the fire and rescue chief in a
timely manner on all proposed policies of the coordinated fire and rescue system and on any
other system matter for which the fire and rescue chief requests input and advice. In addition,
the executive committee shall perform other functions delegated by the FEMS Board in
accordance with this article and FEMS Board by-laws. The executive committee shall meet as
frequently as needed to discharge these responsibilities.
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Sec. 6-109. Procedure for developing policies of the coordinated fire and rescue system.
(a) Purpose. In adopting this ordinance the board of supervisors recognizes that, to have
full effect, policies must be developed through a collaborative process and enjoy the support of a
majority of the elements of the coordinated fire and rescue system. The procedures in this
section are intended to assist the fire and rescue chief, the advisory board FEMS Board, and the
executive committee in the collaborative and careful development of policies for the system.
These procedures may be changed at any time by agreement of the fire and rescue chief and the
advisory board FEMS Board by a majority vote. In addition, the fire and rescue chief may at any
time seek more input and advice from the executive committee or advisory board FEMS Board
than this section requires.
(b) Initiative and Drafting. Any member of the coordinated fire and rescue system may
suggest new policies or policy amendments to the fire and rescue chief and the advisory board
FEMS Board through the member’s chain of command. In cooperation with the executive
committee, the fire and rescue chief shall oversee the preparation of new system -level policies
and the review of all existing system-level policies. Policies that affect only county emplo yees
or county volunteers will not be considered by the executive committee. Draft policies, prepared
by the fire and rescue chief, shall be submitted to the executive committee for joint consideration
and collaborative development. The draft will be accompanied by a written report summarizing
the rationale for the policy and the impacts, if any, on volunteer budgets and volunteer members’
time.
(c) Executive Committee Role in Policy Development. The executive committee shall
review and evaluate all draft policies proposed by the fire and rescue chief or others in light of
the following standard: whether the policy is essential to the effective and equitable provision of
high-quality, countywide fire and rescue services (hereinafter, “system policy standard”). Within
thirty (30) calendar days of receiving the initial draft policy, barring unforeseen circumstances,
the executive committee shall review the draft and decide to: support the policy as worded;
support the policy with specific revisions; or decline to support the policy. The committee may
accompany its decision with a written explanation of its position, although it must provide a
written explanation in the event it declines to support the policy.
The fire and rescue chief shall consider the comments and recommendations of the
executive committee and shall incorporate such recommendations for revision which, in his
judgment, meet the system policy standard. The fire and rescue chief shall then re-submit the
draft, with any revisions, to the executive committee for additional review and comment,
repeating this process until he is satisfied that the resulting draft meets the system policy
standard and addresses the reasonable concerns of the executive committee. Should the chief
decline to accept any material recommendation for revision from the executive committee, he
shall provide a written explanation of his decision to the executive committee and attempt to
reach a consensus with the committee prior to submitting the proposed policy to t he advisory
board FEMS Board.
During the collaborative process described above, the executive committee shall brief
other members of the advisory board FEMS Board on the progress of its work with the fire and
rescue chief and solicit from the advisory board FEMS Board any questions, concerns and
suggestions for introduction to the chief.
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(d) Advisory Board FEMS Board Deliberations. After completing collaborative
consultations with the executive committee as described above, the fire and rescue chief shall
submit the proposed policy, along with any annotations he considers necessary, to the full
advisory board FEMS Board for its review. If, after following the collaborative process
described above, the executive committee wishes to advance a policy which the fire and rescue
chief has declined to issue, as evidenced in written notice to the executive committee, the
executive committee shall submit the policy to the FEMS Board for its review. The fire and
rescue chief may submit an alternative policy or a written summary of the reasons for his
decision to decline issuance with the executive committee’s policy for simultaneous review by
the FEMS Board. If both the fire and rescue chief and the executive committee submit policies
for simultaneous review by the FEMS Board, the FEMS Board shall consider and vote on both
policies at the same meeting.
Provided that the proposed policy is submitted to the advisory board FEMS Board at least
fourteen (14) calendar days before any monthly meeting, the advisory board FEMS Board shall
take action on the policy at that meeting unless the FEMS Board decides, by a majority vote, to
require a second reading of the policy at the f ollowing meeting. After considering the draft
policy in light of the system policy standard defined in §6-109(c), the advisory board FEMS
Board shall take one of the following actions by majority vote, which shall be reflected fully in
the minutes of the FEMS Board:
1. Accept the draft policy as worded, following which the policy shall be considered
adopted.
2. Support the policy in principle, but with specific revisions.
3. Decline to accept the policy. If the advisory board FEMS Board subsequently votes
to appeal the policy, it must provide a clear explanation for its vote at that meeting,
and may, at its discretion, follow with a written explanation of the reasons for its
opposition.
After the advisory board FEMS Board votes to take an action described in numbers 2 or 3
above on a policy proposed by the fire and rescue chief, tThe chief shall reconsider the draft
policy in light of the system policy standard defined in §6-109(c) and incorporate such revisions
from the advisory board FEMS Board which, in his judgment, meet that standard. The chief
shall then submit any revised draft policy to the advisory board FEMS Board or the executive
committee for additional review and consider any further recommendations, repeating this
process until he is satisfied that the resulting draft policy meets the system policy standard and
addresses the reasonable concerns of the advisory board FEMS Board. The chief shall submit
his final draft policy to the advisory board FEMS Board at least fourteen (14) calendar days
before their next meeting for final consideration.
(e) Adoption of Policies. The fire and rescue chief shall be authorized to adopt and issue
a policy of the coordinated fire and rescue system immediately after a vote by the advisory board
FEMS Board to support the policy as worded. Should the advisory board FEMS Board vote to
support the policy with revisions, or to oppose decline to support the policy, the chief shall be
authorized to, but need not, issue the proposed policy as submitted after providing written notice
to the FEMS Board at least fourteen (14) days prior to the next FEMS Board meetingmay
nonetheless notify the advisory board that he intends to issue the proposed policy as submitted.
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In that event, the policy shall take effect the day after the next advisory board meeting, unless
otherwise specified within the policy, or unless the advisory board votes to contest the policy at
that meeting. FEMSB meeting or later, if the policy specifies a later effective date. Any vote by
the FEMS Board to appeal a policy shall immediately suspend the adoption and issuance of the
policy.
Informal Contest of Policies. Should the advisory board vote to contest the policy,
written statements from the fire and rescue chief and the advisory board, explaining their
positions for and against the policy, shall be submitted to the county executive no later than
fourteen (14) calendar days from the date of the meeting. The county executive or his designee
shall either: (1) refer the policy back to the parties for further consideration and collaboration; or
(2) determine that the policy meets the system policy standard as defined in §6-109(c).
Following the county executive’s decision, the advisory board shall vote at its next meeting
regarding whether to file a formal appeal of the policy.
(f) Appeals of Policies. Appeals of proposed policies will be taken in accordance with
this section. The FEMS Board may vote to appeal either a proposed policy of the fire and rescue
chief, or to appeal the chief’s decision to decline issuance of the executive committee’s proposed
policy, by a majority vote taken no later than the next meeting following the introduction of the
policy to the FEMS Board or the meeting following the second reading of the policy, if a second
reading has been required by the FEMS Board. The minutes of the FEMS Board shall reflect the
vote to appeal and a summary of all statements made during the deliberation of the policy.
Within seven (7) calendar days of any vote to appeal, the chairman of the advisory board FEMS
Board shall submit a written notice of appeal, including a statement of the basis for the appeal, to
the county executive. If the appeal arises from the chief’s decision to decline to issue the
executive committee’s proposed policy, both the executive committee’s proposed policy and any
alternative proposed policy of the fire and rescue chief shall be submitted for joint review
throughout the appeal process.
Within ten (10) calendar days of receiving the notice of appeal, the county executive or
his designee shall provide a written decision to the advisory board FEMS Board and the fire and
rescue chief. Decisions shall be based on whether the proposed policy or policies meet the
system policy standard as defined in §6-109(c). A decision that the appeal has merit may also
provide guidance to the fire and rescue chief and the executive committee regarding further work
to be undertaken on the disputed policy. A decision that the appeal is without merit may be
appealed to the board of supervisors by a majority vote of the advisory board FEMS Board at its
next meeting.
Within seven (7) calendar days of the vote to appeal to the board of supervisors, the
chairman of the advisory board FEMS Board shall submit a written notice of appeal, including a
statement of the basis for the appeal, to the clerk of the board of supervisors. The written notice
of appeal will be accompanied by a packet, compiled by county staff, containing a copy of the
following: all documents submitted by the advisory board FEMS Board, fire and rescue chief,
and the Ccounty eExecutive as part of the appeal process; the proposed policy or policies; and
the minutes, if any, reflecting advisory board FEMS Board deliberations on the proposed policy
or policies. Any party may include such other documents it believes would be helpful for the
board of supervisors to consider by providing them to the clerk of the board of supervisors prior
to the expiration of the seven (7) calendar days described above. The board of supervisors shall
consider the appeal at a subsequent meeting and issue a decision that the appeal should be
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sustained or not sustained, in whole or in part. The basis for the decision shall be whether the
proposed policy or policies meet the system policy standard as defined by §6-109(c).
Sec. 6-110. Noncompliance with system policies.
(a) Purpose. A peer-accountability procedure for enforcing duly-adopted system
policies is hereby established to accomplish the following:
1. full and consistent adherence to system policies by all member organizations;
2. fair, equitable, and objective consideration of all potential material
noncompliance violations in accordance with this section;
3. management of discipline and compliance remediation efforts by the chief of
the noncompliant organization to the greatest extent possible; and
4. promotion of open and ongoing communication by and between member
organizations about policy compliance matters.
(b) Definition of Material Noncompliance. “Material noncompliance” or “materially
noncomplying” with system policies means a failure to adhere to a system policy adopted in
accordance with section 6-109 which: (i) is committed on two or more separate occasions, or on
a single occasion if the alleged conduct involves either civil legal violations or actions by
multiple members of the organization’s leadership, or is committed intentionally after notice that
the conduct would violate system policy; and (ii) does one or more of the following:
1. threatens the health, safety or welfare of county citizens, volunteers or county
staff;
2. impairs the operational readiness of the coordinated fire and rescue system to
deliver fire and emergency medical services;
3. violates any applicable civil federal, state or local law; or
4. involves the violation of a policy provision regarding public funds.
(c) Informal Resolution of Concerns.
1. The chiefs of all member organizations and the fire and rescue chief shall be
entitled to communicate concerns about noncompliance with system policies to the chiefs of
those organizations believed to be noncompliant.
2. For all noncompliance concerns that rise to the level of “material
noncompliance,” as defined by this section, the complaining chief must first notify the chief of
the noncompliant organization and make reasonable efforts to achieve a mutually agreeable
resolution, consistent with system policies and this article, with that chief prior to initiating the
procedures for formal resolution of material noncompliance. The complaining chief shall also
apprise the executive committee and the fire and rescue chief of the compliance concern and
resolution efforts, and may seek assistance from the fire and rescue chief for such efforts.
3. Should such efforts to achieve a mutually agreeable resolution of material
noncompliance fail, the complaining chief shall initiate a formal procedure for material
noncompliance in accordance with subsection (d).
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(d) Formal Resolution of Material Noncompliance Complaints.
1. Initiating Complaint. After completing the informal resolution process
established in subsection (c), the chief of any member organization or the fire and rescue chief
may initiate a formal Complaint of Material Noncompliance with System Policy (“Complaint”)
by submitting the Complaint in writing to the executive committee. The Complaint must state, at
a minimum, which policy or policies has been violated, and a summary of the facts supporting
the violation.
2. Investigation of the Complaint. As soon as practicable after receiving the
Complaint, the executive committee and the fire and rescue chief shall consider the Complaint
and determine whether reasonable cause exists to believe that the charged organization has
materially noncomplied with a system policy. If the executive committee decides, by a majority
vote, that reasonable cause exists, the executive committee shall undertake a formal investigation
of the Complaint or appoint a committee to conduct the investigation. The investigation shall be
concluded as soon as practicable and no later than thirty (30) calendar days after receiving the
charge to investigate the Complaint, unless extraordinary circumstances justify the need for a
longer investigative period. Should the fire and rescue chief disagree with the majority vote of
the executive committee as to whether reasonable cause exists, the investigation shall be
conducted as described in this section.
3. Determination of Material Noncompliance. The executive committee, or the
committee appointed by the executive committee to conduct the investigation, shall prepare a
written report summarizing the investigation and its factual conclusions and submit the report to
the executive committee and the fire and rescue chief no later than ten (10) calendar days
following the conclusion of the investigation. As soon as practicable following receipt of the
report, the executive committee shall determine whether the charged organization has materially
noncomplied with system policy. If the executive committee determines, by majority vote, that
the charged organization has materially noncomplied with system policy, with the concurrence
of the fire and rescue chief, the steps described in subsection (d)(iv) (Remediation) shall be
followed. Should the fire and rescue chief disagree with the majority vote of the executive
committee, the chief shall be authorized to take, but need not take, any action permitted by
subsection (g) (Authority Reserved for Immediate Action) as needed to act in the best interest of
the system.
4. Remediation. As soon as practicable following a determination of material
noncompliance, the executive committee shall, in consultation with the fire and rescue chief,
design a plan for remediating the noncompliance. The executive committee shall communicate
the plan to the charged organization and oversee implementation of the plan. Should the charged
organization substantially fail to implement the plan, the fire and rescue chief may modify the
plan, discontinue the plan, implement an alternative plan, and/or take other action as needed.
Prior to taking these steps, however, the fire and rescue chief must consult the executive
committee about his intended action and consider its recommendations except when immediate
action under subsection (g) is required, in which case he shall consult with the executive
committee as soon as practicable after such action.
5. Referral for Dissolution or Reduction in Funding. If the executive committee
and fire and rescue chief determine that the nature of the material noncompliance is so serious as
to merit consideration of dissolution of the organization or reduction in its funding by the board
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14
of supervisors, they shall apprise the FEMS Board of the investigation and their recommendation
for such action. After such apprisal, a recommendation may be made by the fire and rescue chief
to the County Executive for referral to the board of supervisors, which shall retain at all times the
sole authority to dissolve a fire or rescue organization, pursuant to Virginia Code §27-10, and to
determine annual appropriations.
(e) Appeal Procedure for Determinations of Material Noncompliance.
1. Filing of Appeal. Once the determination of material noncompliance has
been made and the plan of remediation has been issued to the charged organization, the charged
organization may appeal, in writing, the determination of material noncompliance, the plan of
remediation, or both, to the county executive within thirty (30) calendar days of receiving the
plan of remediation. The appeal must state the decision being appealed and the basis for the
appeal. The charged organization may be assisted in its appeal by any member of the FEMS
Board or by any individual.
2. FEMS Board Review. At the request of the charged organization, the FEMS
Board shall review and discuss the Complaint, investigation report, determination of material
noncompliance, and plan of remediation at its next meeting. After such consideration, the FEMS
Board may, but need not, decide by a majority vote to provide a recommendation to the fire and
rescue chief and to the county executive concerning the appeal.
3. County Executive’s Decision. Within thirty (30) calendar days of receiving a
timely appeal from a charged organization, the county executive or his designee shall issue a
written decision to the charged organization, the fire and rescue chief, and the FEMS Board. A
decision that the appeal has merit may also provide guidance to the fire and rescue chief and the
executive committee regarding the determination of material noncompliance, the plan for
remediation, or both. The decision of the county executive shall end the appeal process.
(f) Disqualification from Voting. No representative of an organization charged with
material noncompliance may participate in the investigation of any Complaint or vote as
provided in this section concerning its organization. In the event that a member of the executive
committee belongs to a charged organization, the executive committee shall appoint a substitute
member from an organization within the system to discharge all executive committee
responsibilities of that member which are required by this section.
(g) Authority Reserved for Immediate Action. Notwithstanding the provisions in this
section, the fire and rescue chief shall be authorized at all times to take immediate action to
prevent or mitigate imminent harm to the health, safety, or welfare of county citizens, volunteers
or county staff; to ensure operational readiness of the coordinated fire and rescue system to
deliver fire and emergency medical services; to comply with all applicable laws; and to exercise
any authority otherwise provided in section 6-104. Such immediate action may be taken
concurrently with the procedures for informal resolution, formal resolution and appeal described
in this section.
System Level Roles and Responsibilities of:
The Fire and Rescue Chief (Chief) The Fire and EMS Board (FEMS Board)
ROLE
Serves as the director of the coordinated fire and rescue
system, held accountable by the County Executive and Board
of Supervisors.
Partners with the FEMS Board by participating fully in FEMS
Board meetings, communications, programs, and activities;
providing staff support for the FEMS Board; and leading and
facilitating the Executive Committee.
OPERATIONS
Oversees and manages the system.
Makes day-to-day operational decisions necessary for the
system that are not covered by policy, consulting with the
Executive Committee on all significant system decisions.
Manages the County’s mutual aid agreements and its
preparation for, and responses to, disasters and other
emergency events exceeding the County’s capabilities.
POLICY
Develops and implements system policies using the mandatory
collaboration process established by the ordinance.
Ensures compliance with system policies, if not achieved by
the FEMS Board, by participating in and overseeing the peer-
accountability procedure as outlined in the ordinance.
ROLE
Serves as an advisory board to the chief representing all
volunteer agencies in the coordinated fire and rescue system.
Holds each volunteer department accountable to system
policies through a peer-accountability process as prescribed in
the ordinance.
Partners with the Chief by appointing an Executive Committee
to consult with the Chief and by appointing other committees
to focus on system-level matters.
Presents an annual report to the Board of Supervisors
regarding the health and welfare of the volunteer system.
OPERATIONS
Advises the Chief in matters related to the oversight and
management of the system.
Makes recommendations through its Executive Committee to
the Chief on all significant operational decisions for the system
that are not covered by policy.
Reviews emergency decisions of the Chief as needed.
POLICY
Reviews system policies and provides specific comments and
recommendations to the Chief regarding those policies.
Appeals the Chief’s policy proposals and rejections as
necessary to the County Executive and Board of Supervisors.
Communicates system policies to all agencies.
Holds FEMS Board agencies accountable to system policies
through the established peer-accountability procedure.
Return to exec summary
PROCESS FOR FIRE/RESCUE ORDINANCE CONSIDERATION
February 9 BoS decides on a proposed timeline and procedure for considering a draft
ordinance.
February 15 (date
to be confirmed)
Volunteer Chiefs meet informally to discuss the draft ordinance
First half: volunteer chiefs meet alone to review the draft
Second half: staff and BoS members of the committee meet with
chiefs to discuss, answer questions, and review ordinance
consideration process
Volunteer chiefs discuss the draft ordinance with membership and boards.
February 23 Committee presents final draft ordinance to ACFRAB. 1 st reading.
March 3 BoS holds work session to decide one of the following:
Ordinance re-write (will require change in remaining schedule); or
Move forward with final draft ordinance
March 23 ACFRAB – 2nd Reading of final draft ordinance or discussion of re-write.
Volunteer chiefs may continue to meet with membership and boards.
April 20 BoS decision or public hearing.
Return to exec summary
1
Albemarle County Fire EMS system DRAFT 11/1/2010 PLEASE PROOF AND RESPOND TO ANN
ASAP
Sec. 6-100. Purpose.
The board of supervisors, determined to provide for the public safety, health and welfare of Albemarle
County citizens and communities, hereby establishes a County fire and emergency medical service system
currently composed of the following, volunteer fire companies, volunteer rescue squads and the Albemarle
County Department of Fire and Rescue: Charlottesville-Albemarle Rescue Squad
Crozet Volunteer Fire Department
Earlysville Volunteer Fire Company
East Rivanna Volunteer Fire Company
North Garden Volunteer Fire Company
Scottsville Volunteer Fire Department
Scottsville Volunteer Rescue Squad
Seminole Trail Volunteer Fire Department
Stony Point Volunteer Fire Company
Western Albemarle Rescue Squad
In taking this measure to assure the most efficient and effective service possible and to meet the challenges
of the growth and development of the jurisdiction, the board of supervisors specifically recognizes the
essential and historical contributions of volunteers and the necessity of continuing and expanding
volunteer participation, without which the county could not discharge its responsibilities.
The coordinated fire and rescue system shall work to develop an integrated and seamless systems approach
to the provision of emergency services; promote the interests and welfare of County citizenry and
communities; perform with maximum cost-effectiveness consistent with safety objectives; account for
service delivery and resource utilization; and communicate and consider all views regarding the system.
Sec. 6-101. Definitions.
For the purposes of this article and, unless otherwise required by the context, the following words and
terms shall have the meanings respectively ascribed to them by this section:
2
Albemarle County Department of Fire and Rescue means the county agency responsible for delivering fire, rescue
and emergency medical services in partnership with the volunteer organizations within the coordinated fire
and rescue system
Board or board of supervisors means the Board of Supervisors of Albemarle County.
Company means a volunteer fire company or department located in Albemarle County. Each individual fire-
fighting organization within the county shall be defined as a ―fire company, as provided in Virginia Code
§27-8.1.
County employees or County staff means employees of the Albemarle County Department of Fire and Rescue
who provide fire, rescue, and emergency medical services as members of the coordinated fire and rescue
system.
Fire EMS Board means the Albemarle County Fire EMS Board. Formerly ACFRAB
County volunteers mean volunteers of the Albemarle County Department of Fire and Rescue who provide
fire, rescue and emergency medical services as members of the coordinated fire and rescue system. County
volunteers are not members of incorporated fire companies or rescue squads.
Executive Committee means a committee of the Fire EMS board as provided in section 6-106.The committee
shall be composed of the chair / vice chair of the Fire EMS Board, a fire representative and rescue
representative, and the Fire Chief.
Fire and rescue chief or Fire Chief means the director of the Albemarle County Coordinated Fire and Rescue
System, as established in section 6-103.
Policies mean the rules and regulations of the coordinated fire and rescue system, including standard
operating guidelines and standard administrative procedures.
Rescue squad means a volunteer rescue squad or emergency medical services organization, as described by
Virginia Code §32.1-111.1 et seq, that is located in Albemarle County, as well as the Charlottesville-
Albemarle Rescue Squad, which has its principal place of business in the City of Charlottesville.
3
State law reference—Definitions, Virginia Code § 32.1-111.1
Sec. 6-102. Responsibilities of the AC Fire EMS system.
The system shall:
(1)Manage the delivery of pre-hospital emergency patient care and services through policy development
and implementation consistent with state emergency medical services regulations and the guidance of each
organization’s operational medical director.
(2) Manage the provision of system-wide fire prevention, protection, investigation, suppression, education
and rescue services, and services relating to hazardous materials and other hazards posing a threat to life
and property, through policy development and implementation.
(3) Provide any additional, related, system-wide services that are essential for the provision of high-quality
fire and emergency medical services.
(4) Perform and deliver services consistent with state laws, county ordinances, and duly adopted policies of
the coordinated fire and rescue system.
State law reference – Virginia Code §§27-7, 27-14, and 32.1-111.14
6-103 Fire and Rescue Chief
(1)The director of the Albemarle County fire and rescue system shall be known as the fire and rescue chief
or fire chief, who shall be appointed by the board of supervisors upon recommendation by the county
executive following a selection process that includes representation from the Albemarle County Fire EMS
Board.
(2)The Fire Chief is a full member of the Fire EMS board and shall participate in all functions of the
board.
(3) Fire Chief will provide general management, planning, preparation, response and recovery for any
disaster relating to fires, hazardous materials, rescues or emergency medical services that may occur in the
county.
(4) Fire Chief will assume responsibility, under the authority of the county executive, for actions necessary
4
to implement and carry out agreements for mutual aid, disaster preparedness and the provision of services
related to hazardous materials, rescues, fire suppression, investigation, medical services or other emergency
response services deemed necessary in the judgment of the fire chief in events exceeding the capabilities of
an individual locality or government agency. If mutual aid agreement affects a specific agency only, that
affected agency should participate in the negotiation. (note: EMS agencies are required to have mutual aid
agreements with surrounding areas)
(5) Fire Chief will make day-to-day operational decisions necessary for the coordinated system on matters
not specifically addressed by system-wide policies. Prior to any significant decision affecting the
coordinated system, however, the fire chief shall consult by meeting, conference call, or email with the
executive committee and consider all reasonable recommendations from the executive committee to the
maximum extent possible. If exigent circumstances do not permit such prior consultation with the
executive committee, the fire chief shall advise the executive committee as soon as practicable after the
decision is made and seek its recommendations for future actions.
(6) Fire Chief will convene and chair the executive committee.
(7) The Fire Chief shall contact the appropriate volunteer chief with any issue raised by county staff
pertinent to that station or its members.
(8) Fire Chief will exercise all powers authorized by state law as necessary for the provision of fire and
emergency medical services. State law reference – Virginia Code §§27-6.1, 27-7.
Sec. 6-104. Establishment and composition of Fire EMS board.
The Albemarle County Fire EMS Board is hereby established. The Fire EMS Board shall be composed of
the highest ranking operational leader of each of the volunteer organizations and the fire chief.
Sec. 6-105. Responsibilities of the Fire EMS board.
Chair of Fire EMS board and the Fire Chief shall present a report at least annually to the board of
supervisors regarding the health and welfare of the volunteer and career system and present
recommendations of the Fire EMS board to the BOS.
5
The Fire EMS Board shall work to accomplish the following:
(1)Develop, implement and ensure compliance of adopted policies concerning the delivery of fire,
rescue and emergency medical services as representatives of the volunteer companies and squads and the
career staff and as described by this article;
(2)Policies shall include, but not be limited to:
a. Standard operating guidelines for the system’s delivery of fire, rescue, and emergency medical
services;
b. System performance standards, such as minimum staffing and response goals;
c. A seamless command structure and incident command system that complies with federal and state
incident management standards;
d. Minimum personnel, training, licensure, and reporting requirements for the welfare of county and
volunteer personnel and the delivery of high-quality fire and rescue services;
e. System fleet size, deployment, and functions;
f. Minimum standards regarding apparatus and equipment;
g. System funding by the County and system budget matters; and
h. A process for setting and maintaining first due areas, response districts and apparatus response orders.
(3)The Fire EMS Board shall contribute to general oversight and management of the system’s functions
by, including but not limited to:
a. Developing strategies for the retention and expansion of the volunteer base within the system.
b. Developing system-wide policies that are essential to the effective and equitable provision of high-
quality, countywide fire and rescue services, and ensuring the implementation of those system-level
policies at their individual stations.
c. Developing procedures for non-compliance shall include sanctions, reduction of funding or possible
loss of operational permission from the BOS. (this authority exists already)
d. Developing a body to hear and act on concerns of member companies and or individuals, both
volunteer and paid.
e. Developing strategic plans for building, equipping and staffing for new fire stations.
6
f. Appointing subcommittees as necessary, for example the operations committee, (bylaws to fill out)
g. Defining responsibilities of chair, a volunteer chief (as presently on ACFRAB) (vice chair in definitions)
h. Reviewing and providing input and recommendations to the fire chief regarding new initiatives for the
system’s operating and capital improvement budgets.
i. Meeting on a regular basis in order to perform its responsibilities under this section, and present a report
at least annually to the board of supervisors regarding the health and welfare of the volunteer system.
j. Developing a broadly supported grievance procedure for chiefs of volunteer organizations to contest
decisions of the fire chief to the county executive or his designee in matters affecting individual volunteers,
who are not employees of the County. The general management and discipline of volunteers shall be a
station level responsibility, as provided in section 6-107.
k. Facilitating communication and collaboration between the volunteer and county-employed members of
the coordinated fire and rescue system;
l. Appointing an executive committee as described in the bylaws. Executive committee shall represent the
Fire EMS board at strategic retreats to speak for the system.
Nothing in this article abridges the First Amendment rights of private citizens to communicate
directly with the county executive or the board of supervisors.
Sec 6-106. Responsibilities of Executive Committee. Composition in definitions
(1) The executive committee will operate as a sounding board for proposed policy changes. The executive
committee shall advise the Fire EMS Board in a timely manner on proposed policies of the coordinated
fire and rescue system and on any other system matter for which the fire and rescue chief requests input
and advice.
(2) The executive committee shall meet as frequently as needed to discharge these responsibilities.
(3) The executive committee shall perform any other duties under this ordinance or as assigned by the Fire
EMS board.
7
Sec. 6-107. Volunteer fire companies and rescue squads; volunteer chiefs.
(a) General; authority to create by-laws. Volunteer fire companies and rescue squads may be formed, named and
dissolved in accordance with state law and board approval. They shall operate in conformity with state
laws, county ordinances, and the duly adopted policies of the coordinated fire and rescue system. Boards
and governing authorities of volunteer companies and squads shall have full authority to adopt policies,
guidelines and protocols for the governance of their stations, except where specifically constrained by state
law, county ordinances, or policies of the coordinated fire and rescue system as they are duly adopted.
Nothing in this article is intended, nor shall it be construed, to make any member of a volunteer company
or squad an employee of the county.
(b) Responsibilities. Volunteer fire companies and rescue squads shall have all the powers and duties granted
to them by state law. They shall also execute the following responsibilities in conformity with their
respective organizational by-laws, chains of command, and the duly adopted policies of the coordinated
fire and rescue system:
1. Managing performance by the company or squad, including directing station activity and operations as
needed;
2. Assuming or delegating the role of incident commander within the system’s integrated incident
command structure;
3. Providing management of response districts and apparatus response orders; emphasize board role
4. Selecting and promoting officers and other personnel;
5. Recruiting, retaining and advocating on behalf of volunteer members;
6. Managing officers and personnel, including disciplining, training, and keeping records;
7. Preparing their annual budgets for submission to the county, and managing their budgets;
8. Fundraising and managing all funds and assets that derive from private or non-County sources;
9. Collecting and forwarding to the fire and rescue chief such data, statistics and other information as may
be necessary to assure the efficient and economical operation of the coordinated fire and rescue system;
10. Caring for and maintaining station facilities, apparatus and equipment; and
11. Managing station procurement of supplies and coordinating station procurement and stewardship of
county-supported apparatus, equipment, and tools.
(c) Chiefs. The operational head of each volunteer fire company and rescue squad within the coordinated
fire and rescue system shall be selected according to the by-laws of the company or squad and shall be
known as the chief. Volunteer chiefs shall exercise the authority granted to them by state law and the by-
laws of their organizations, so long as their actions do not conflict with the provisions of this article or the
duly adopted policies of the coordinated fire and rescue system.
8
(1) The Volunteer Chief shall promptly contact the appropriate volunteer chief or the Fire Chief with any
issue pertinent to that station or its members/county staff.
Sec. 6-108. Procedure for developing policies of the coordinated fire EMS system.
(a) Purpose. In adopting this ordinance the board of supervisors recognizes that, to have full effect,
policies must be developed by the Fire EMS Board and enjoy the support of a majority of the elements of
the Fire EMS System.
The procedures in this section are intended to assist the fire chief, the Fire EMS Board, and the executive
committee in the collaborative and careful development of policies for the system.
These procedures may be changed at any time by agreement of the Fire EMS board by a majority vote. In
addition, the fire chief may at any time seek more input and advice from the executive committee or Fire
EMS Board than this section requires. (in previous ordinance edition)
(b) Initiative and Drafting.
Any member of the Fire EMS system may suggest new policies or policy amendments to the fire chief and
the Fire EMS board through the member’s chain of command. The Fire Chief is a member of the Fire
EMS Board, and in cooperation with the executive committee shall oversee the preparation of new
system-level policies and the review of all existing system-level policies.
Policies that affect only county employees or county volunteers (currently at Stations 11 and 12) will not
be considered by the executive committee. Draft policies may be submitted to the executive committee for
joint consideration and collaborative development. The draft will be accompanied by a written report
summarizing the rationale for the policy and the impacts, if any, on volunteer budgets and volunteer
members’ time.
(c) Executive Committee Role in Policy Development.
Within thirty (30) calendar days of receiving the initial draft policy, barring unforeseen circumstances, the
executive committee shall review the draft and decide to: support the policy as worded; support the policy
with specific revisions; or decline to support the policy. The committee may accompany its decision with a
written explanation of its position to the Fire EMS board.
(d) Fire EMS Board Deliberations. After completing collaborative consultations, the executive committee
shall submit the proposed policy to the full Fire EMS board for its review.
The following actions may be taken:
9
1. The first reading, which begins the adoption process of the Fire EMS board.
2. After first reading, support the policy in principle, but with specific minor revisions. Those revisions
having been made, the policy could then proceed to second reading.
3. Send the policy proposal back to the executive committee for major revision with recommended
changes by the Fire EMS board.
*****
(e) As stated in Section 6-103 Fire and Rescue Chief
If an emergency action is taken, the policy must be presented to the Fire EMS board at the next meeting
to begin the formal consideration and adoption process. Implementation of the policy is suspended until
final action is taken. See section ( ) above.
(f) If there is not agreement between the Fire Chief and the Fire EMS board on policy, either party may
appeal the decision to the county executive. If resolution is not made, an appeal will be available to the
BOS.
10
Section 6-109. Grievance policy
The purpose of the grievance policy is to afford any member of the Fire EMS system the ability to appeal
a decision concerning system-wide policies, procedures, or decisions made by the Fire EMS board.
(1) Should a member, a career staff member, or volunteer company of the Fire EMS board vote to contest
a policy, written statements from the that member and the Fire EMS board, explaining their positions for
and against the policy, shall be submitted to the county executive no later than fourteen (14) calendar days
from the date of the meeting. The county executive or his designee shall either: (1) refer the policy back to
the parties for further consideration and collaboration; or (2) determine that the policy meets the system
policy standard as defined in ****§6-109(c). Following the county executive’s decision, the Fire EMS board
shall vote at its next meeting regarding whether to file a formal appeal of the policy.
Within ten (10) calendar days of receiving the notice of appeal, the county executive or his designee shall
provide a written decision to the advisory board and the fire chief. Decisions shall be based on whether
the proposed policy meets the system policy standard as defined in §6-109(c). and supports the goals of
the Fire EMS System as described in Section 6-100.
Within seven (7) calendar days of the vote to appeal to the board of supervisors, the appellant shall submit
a written notice of appeal, including a statement of the basis for the appeal, to the clerk of the board of
supervisors. The written notice of appeal will be accompanied by a packet, compiled by county staff,
containing a copy of the following: all documents submitted by the Fire EMS board, fire chief, and the
County Executive as part of the informal contest and appeal processes; the proposed policy; and the
minutes, if any, reflecting Fire EMS board deliberations on the proposed policy. Any party may include
such other documents it believes would be helpful for the board of supervisors to consider by providing
them to the clerk of the board of supervisors prior to the expiration of the seven (7) calendar days
described above. The board of supervisors shall consider the appeal at a subsequent meeting and issue a
decision that the appeal should be sustained or not sustained, in whole or in part. The basis for the
decision shall be whether the proposed policy meets the system policy standard as defined by §6-109(c).
11
Section 6-110. FAILURE TO COMPLY- ENFORCEMENT OF RULES
In the event that a Fire EMS policy is not followed, all chiefs involved in an incident shall
attempt to resolve the incident prior to an enforcement action.
(1) Enforcement of fire and rescue association policies and procedures is as follows:
(a). The executive committee, upon motion of the chair or any member thereof, may determine that a
member company of the Fire EMS System has materially failed to comply with Fire EMS System Policies
and Procedures. An ACFR employee who is otherwise subject to the Albemarle County Personnel Policy
shall be limited to the process outlined therein; any allegation raised to the executive committee involving
such an employee shall be immediately and directly referred to the Fire chief for further action, and the
Fire chief shall report to the executive committee the disposition of such allegation, to the extent
permitted by such Personnel Policy and applicable law.
(b). Prior to a determination of noncompliance, the executive committee shall notify the chief involved in
writing and shall identify specifically those Fire EMS System Policies and Procedures that it determines to
have been violated and shall provide a summary of the evidence upon which such determination was
made. It shall schedule a hearing with respect to the asserted noncompliance no sooner than fifteen and no
later than sixty days after delivery of such notification. (Time interval??)
(c). Any member company of the Fire EMS System charged with noncompliance shall be given the
opportunity to present its case to the executive committee.
(d). In the event that the executive committee determines that there has been noncompliance with the Fire
EMS System Policies and Procedures, then :
(2). The chair shall assure compliance with the identified Policy or Procedure. ASK DAN
In the case of a volunteer company, the chair of the Fire EMS board shall meet with the noncompliant
company to assure such compliance. A report shall be made to the executive committee at the next
regularly scheduled meeting. In the event that the executive committee determines that the company has
failed to remediate the noncompliance, the company shall be so notified. Following this second
notification of noncompliance, the company shall have not more than 30 days to come into compliance.
Failure to comply to the satisfaction of the executive committee within 30 days shall constitute a formal
Finding of Noncompliance.
12
Question for Dan. WHAT ARE THE MECHANISMS WITHIN ACFR TO ASSURE COMPLIANCE
AFTER NOTIFICATION?
(3). Any volunteer company that accumulates three formal Findings of Noncompliance within a three year
period shall be required to come before the executive committee for a company review hearing. The
executive committee shall work with the volunteer company to identify a hearing date and time acceptable
to all parties.
Failure by the volunteer company to appear before the executive committee at the prearranged hearing
time shall result in automatic written referral to the board of county supervisors.
(4)Following the hearing, the executive committee shall meet and decide between the following options:
(a) an immediate written referral to the board of county supervisors for further action, up to and including
dissolution, or
(b) the development of an action plan to timely remediate the problems, including but not limited to, the
requirement of a change in leadership of the subject volunteer company.
(c) Failure by the volunteer company to comply with the action plan in the time established therein shall
result in a referral to the board of county supervisors for further action, up to and including dissolution.
(5)The chair, consistent with the recommendation of the executive committee, shall inform the county
executive and the board of county supervisors, in writing, of the findings leading to the three
determinations of noncompliance by the volunteer company, for any such action as the county executive
or the board of county supervisors deems necessary and appropriate, up to and including dissolution of
the subject member company by the board of county supervisors.
(6) Any executive committee recommendation that a member company be dissolved, shall be presented to
the Fire EMS Board of directors for its recommendation prior to presentation to the board of county
supervisors for final disposition.
(7). In order to assure operational continuity, in the event that the executive committee’s formal Finding of
Noncompliance identifies an operational deficiency, as determined by the chair, the chair shall mitigate or
temporarily resolve the deficiency until such time as it is eliminated, or such other remedy is developed by,
or to the satisfaction of, the executive committee. Such determination shall be treated as an emergency
directive and shall be processed pursuant to § hereof.
13
(8). Consistently with § above, any Fire EMS System member may submit to the chair a complaint
regarding the ACFR.
(9). The Fire Chief may not independently discipline or control any volunteer or volunteer company, nor
may a volunteer chief discipline or control any person in ACFR, except as may be provided in this chapter.
(10). Nothing contained herein shall be deemed to permit the Fire EMS board or the executive committee
of the Fire EMS System to discipline any employee of the ACFR, or to permit the Fire EMS board to
regulate any other matter within the ACFR when such regulations conflict with policies, procedures, or
directives adopted by the board of county supervisors or issued by the county executive.
(11). No Fire EMS System member company shall be permitted to cast a vote on any matter concerning its
asserted noncompliance with Fire EMS System Policies and Procedures. If a member of the executive
committee is involved in an investigation of noncompliance, then a substitute member of the executive
committee shall be appointed by the chair to serve for the duration of the investigation and any appeal.
(12). In the event that the member of the Fire EMS System is aggrieved by a determination of
noncompliance, an appeal of that determination shall lie to the county executive pursuant to policies and
procedures established therefore by the county executive, whose decision thereon shall be final. Any such
appeal must be filed within seven calendar days of the determination by the executive committee.
Notes:
If cooperation is the goal, this ordinance is the first step.
If there is language missing, then we need to know that.
If the same pieces are there why can’t we have it in this form?
If this is adopted by the advisory board, then the volunteers will want it. If it has problems in a year or
more, then the bos has the power to change it.
Everyone’s best interest to take the proposal to everyone before it goes public, it needs consensus. To
serve the citizens is the goal of all companies.
Return to exec summary
Ordinance considered by the
Board on August 11, 2010
1
ORDINANCE NO. 10-6(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 6, FIRE PROTECTION, ARTICLE I, IN
GENERAL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 6,
Fire Protection, Article I, In General, of the Code of the County of Albemarle, is hereby amended and
reordained as follows:
By Amending and Renumbering:
Sec. 6-100 Office of the fire marshal created; appointment,
oath and powers of the fire marshal and his duties to Sec. 6-110 Office of the Fire Marshal
Sec. 6-102 Junior Firefighter Programs to Sec. 6-111 Junior Firefighters Program
By Adding:
Sec. 6-100 Purpose
Sec. 6-101 Definitions
Sec. 6-102 Establishment and composition of the coordinated fire and rescue system
Sec. 6-103 Responsibilities of the coordinated fire and rescue system
Sec. 6-104 Fire and Rescue Chief
Sec. 6-105 Volunteer fire companies and rescue squads; volunteer chiefs
Sec. 6-106 Establishment and composition of advisory board
Sec. 6-107 Responsibilities of the advisory board
Sec. 6-108 Executive committee of the advisory board
Sec. 6-109 Procedure for developing policies of the coordinated fire and rescue system
By Deleting:
Sec. 6-101 General precautions to prevent spread of fire; penalties
ARTICLE I. IN GENERAL
ARTICLE I. COORDINATED FIRE AND RESCUE SYSTEM
DIVISION I. IN GENERAL
Sec. 6-100. Purpose.
The board of supervisors, determined to provide for the public safety, health and welfare of
Albemarle County citizens and communities, hereby establishes a coordinated and integrated fire and
emergency medical service system currently composed of the following, volunteer fire companies,
volunteer rescue squads and the Albemarle County Department of Fire and Rescue:
Charlottesville-Albemarle Rescue Squad
Crozet Volunteer Fire Department
Earlysville Volunteer Fire Company
East Rivanna Volunteer Fire Company
North Garden Volunteer Fire Company
Scottsville Volunteer Fire Department
Scottsville Volunteer Rescue Squad
Seminole Trail Volunteer Fire Department
Stony Point Volunteer Fire Company
Western Albemarle Rescue Squad
In taking this measure to assure the most efficient and effective service possible and to meet the
challenges of the growth and development of the jurisdiction, the board of supervisors specifically
Ordinance considered by the
Board on August 11, 2010
2
recognizes the essential and historical contributions of volunteers and the necessity of continuing and
expanding volunteer participation, without which the county could not discharge its responsibilities.
The coordinated fire and rescue system shall work to develop an integrated and seamless systems
approach to the provision of emergency services; promote the interests and welfare of County citizenry
and communities; perform with maximum cost-effectiveness consistent with safety objectives; account
for service delivery and resource utilization; and communicate and consider all views regarding the
system.
Sec. 6-101. Definitions.
For the purposes of this article and, unless otherwise required by the context, the following words
and terms shall have the meanings respectively ascribed to them by this section:
Advisory Board means the Albemarle County Fire and Rescue Advisory Board.
Albemarle County Department of Fire and Rescue means the county agency responsible for
delivering fire, rescue and emergency medical services in partnership with the volunt eer organizations
within the coordinated fire and rescue system.
Board or board of supervisors means the Board of Supervisors of Albemarle County.
Company means a volunteer fire company or department located in Albemarle County. Each
individual fire-fighting organization within the county shall be defined as a ―fire company,‖ as provided
in Virginia Code §27-8.1.
County employees or County staff means employees of the Albemarle County Department of Fire
and Rescue who provide fire, rescue, and emergency medical services as members of the coordinated fire
and rescue system.
County volunteers mean volunteers of the Albemarle County Department of Fire and Rescue who
provide fire, rescue and emergency medical services as members of the coordinated fire and rescue
system. County volunteers are not members of incorporated fire companies or rescue squads.
Executive Committee means a committee of the advisory board as provided in section 6-108.
Fire and rescue chief or chief means the director of the Albemarle County Coordinated Fire and
Rescue System, as established in section 6-104.
Policies mean the rules and regulations of the coordinated fire and rescue system, including
standard operating guidelines and standard administrative procedures.
Rescue squad means a volunteer rescue squad or emergency medical services organization, as
described by Virginia Code §32.1-111.1 et seq, that is located in Albemarle County, as well as the
Charlottesville-Albemarle Rescue Squad, which has its principal place of business in the City of
Charlottesville.
State law reference—Definitions, Virginia Code § 32.1-111.1
DIVISION II. ESTABLISHMENT OF THE COORDINATED FIRE AND RESCUE SYSTEM
Sec. 6-102. Establishment and composition of the coordinated fire and rescue system.
(a) The Albemarle County Coordinated Fire and Rescue System (―the system‖ or ―the
coordinated fire and rescue system‖) is hereby established pursuant to Virginia Code §27-6.1. The
Ordinance considered by the
Board on August 11, 2010
3
coordinated fire and rescue system shall provide comprehensive fire, rescue, and emergency medical
services throughout the county in accordance with state laws, county ordinances, and duly adopted
policies issued by the system.
(b) The coordinated fire and rescue system shall be a combined force of non-employee
volunteer members of the several fire companies and rescue squads, county employees, and county
volunteers of the Albemarle County Department of Fire and Rescue. The following volunteer fire
companies and rescue squads, and any others that may be duly established in the future, along with
county volunteers, constitute an indispensable part of the public safety program for the county:
Charlottesville-Albemarle Rescue Squad, Crozet Volunteer Fire Department, Earlysville Volunteer Fire
Company, East Rivanna Volunteer Fire Company, North Garden Volunteer Fire Company, Scottsville
Volunteer Fire Department, Scottsville Volunteer Rescue Squad, Seminole Trail Volunteer Fire
Department, Stony Point Volunteer Fire Company, and Western Albemarle Rescue Squad.
State law reference – Virginia Code §§27-6.1, 27-8.1
Sec. 6-103. Responsibilities of the coordinated fire and rescue system.
The coordinated fire and rescue system shall:
(1) Manage the delivery of prehospital emergency patient care and services through policy
development and implementation consistent with state emergency medical services
regulations and the guidance of each organization’s operational medical director.
(2) Manage the provision of system-wide fire prevention, protection, investigation,
suppression, education and rescue services, and services relating to hazardous materials
and other hazards posing a threat to life and property, through policy development and
implementation.
(3) Provide any additional, related, system-wide services that are essential for the provision
of high-quality fire and emergency medical services.
(4) Perform and deliver services consistent with state laws, county ordinances, and duly
adopted policies of the coordinated fire and rescue system.
State law reference – Virginia Code §§27-7, 27-14, and 32.1-111.14
Sec. 6-104. Fire and Rescue Chief.
The director of the coordinated fire and rescue system shall be known as the fire and rescue chief,
who shall be appointed by the board of supervisors upon recommendation by the county executive
following a selection process that includes representation from the Albemarle County Fire and Rescue
Advisory Board. The fire and rescue chief shall:
(1) Provide general oversight and management of the system’s functions by:
a. Developing, in collaboration with the advisory board, strategies for the retention and
expansion of the volunteer base within the system.
b. Developing, in collaboration with the advisory board, system-wide policies that are
essential to the effective and equitable provision of high-quality, countywide fire and
rescue services, and overseeing the implementation of those system-level policies. All
policies of the coordinated fire and rescue system shall be developed through the
Ordinance considered by the
Board on August 11, 2010
4
collaborative policy procedures established by section 6-109 and shall include, but not be
limited to:
i. Standard operating guidelines for the system’s delivery of fire, rescue, and
emergency medical services;
ii. System performance standards, such as minimum staffing and response goals;
iii. A seamless command structure and incident command system that complies with
federal and state incident management standards;
iv. Minimum personnel, training, licensure, and reporting requirements for the
welfare of county and volunteer personnel and the delivery of high-quality fire
and rescue services;
v. System fleet size, deployment, and functions;
vi. Minimum standards regarding apparatus and equipment;
vii. System funding by the County and system budget matters; and
viii. A process for setting and maintaining first due areas, response districts and
apparatus response orders.
(2) Make day-to-day operational decisions necessary for the coordinated system on matters
not specifically addressed by system-wide policies. Prior to any significant decision
affecting the coordinated system, however, the fire and rescue chief shall consult with the
executive committee and consider all reasonable recommendations from the executive
committee to the maximum extent possible. If exigent circumstances do not permit such
prior consultation with the executive committee, the fire and rescue chief shall advise the
executive committee as soon as practicable after the decision is made and seek its
recommendations for future actions.
(3) Provide general management, planning, preparation, response and recovery for any
disaster relating to fires, hazardous materials, rescues or emergency medical services that
may occur in the county.
(4) Assume responsibility, under the authority of the county executive, for actions necessary
to implement and carry out agreements for mutual aid, disaster preparedness and the
provision of services related to hazardous materials, rescues, fire suppression,
investigation, medical services or other emergency response services deemed necessary
in the judgment of the fire and rescue chief in events exceeding the capabilities of an
individual locality or government agency.
(5) Develop a broadly supported procedure for chiefs of volunteer organizations to contest
decisions of the fire and rescue chief to the county executive or his designee in matters
affecting individual volunteers, who are not employees of the County. The general
management and discipline of volunteers shall be a station level responsibility, as
provided in section 6-105(b)(6).
(6) Exercise all powers authorized by state law as necessary for the provision of fire and
emergency medical services.
State law reference – Virginia Code §§27-6.1, 27-7.
Ordinance considered by the
Board on August 11, 2010
5
Sec. 6-105. Volunteer fire companies and rescue squads; volunteer chiefs.
(a) General; authority to create by-laws. Volunteer fire companies and rescue squads may
be formed, named and dissolved in accordance with state law and board approval. They shall operate in
conformity with state laws, county ordinances, and the duly adopted policies of the coordinated fire and
rescue system. Boards and governing authorities of volunteer companies and squads shall have full
authority to adopt policies, guidelines and protocols for the governance of their stations, except where
specifically constrained by state law, county ordinances, or policies of the coordinated fire and rescue
system as they are duly adopted. Nothing in this article is intended, nor shall it be construed, to make any
member of a volunteer company or squad an employee of the county.
(b) Responsibilities. Volunteer fire companies and rescue squads shall have all the
powers and duties granted to them by state law. They shall also execute the following responsibilities in
conformity with their respective organizational by-laws, chains of command, and the duly adopted
policies of the coordinated fire and rescue system:
1. Managing performance by the company or squad, including directing station activity
and operations as needed;
2. Assuming or delegating the role of incident commander within the system’s
integrated incident command structure;
3. Providing management of response districts and apparatus response orders;
4. Selecting and promoting officers and other personnel;
5. Recruiting, retaining and advocating on behalf of volunteer members;
6. Managing officers and personnel, including disciplining, training, and keeping
records;
7. Preparing their annual budgets for submission to the county, and managing their
budgets;
8. Fundraising and managing all funds and assets that derive from private or non-
County sources;
9. Collecting and forwarding to the fire and rescue chief such data, statistics and other
information as may be necessary to assure the efficient and economical operation of
the coordinated fire and rescue system;
10. Caring for and maintaining station facilities, apparatus and equipment; and
11. Managing station procurement of supplies and coordinating station procurement and
stewardship of county-supported apparatus, equipment, and tools.
(c) Chiefs. The operational head of each volunteer fire company and rescue squad within the
coordinated fire and rescue system shall be selected according to the by-laws of the company or squad
and shall be known as the chief. Volunteer chiefs shall exercise the authority granted to them by state law
and the by-laws of their organizations, so long as their actions do not conflict with the provisions of this
article or the duly adopted policies of the coordinated fire and rescue system.
State law reference – Virginia Code §§15.2-955, 27-9, 27-10, and 32.1-111.14
Ordinance considered by the
Board on August 11, 2010
6
Sec. 6-106. Establishment and composition of advisory board.
(a) The Albemarle County Fire and Rescue Advisory Board (―advisory board‖) is hereby
established to accomplish the following:
1. Collaborate with the fire and rescue chief concerning the delivery of fire, rescue and
emergency medical services as representatives of the volunteer companies and
squads and as described by this article;
2. Facilitate communication and collaboration between the volunteer and county-
employed members of the coordinated fire and rescue system; and
3. Communicate issues of importance to the fire and rescue chief concerning individual
volunteer organizations or the coordinated fire and rescue system.
Nothing in this article abridges the First Amendment rights of private citizens to communicate
directly with the county executive or the board of supervisors.
(b) The advisory board shall be composed of the highest ranking operational leader of each
of the volunteer organizations listed in section 6-102 of this article. The fire and rescue chief shall attend
meetings of the advisory board, but shall not be a member of the advisory board. Nothing in this section
shall be construed to prevent the advisory board from adopting by-laws concerning voting rights and the
delegation of duties.
Sec. 6-107. Responsibilities of the advisory board.
The advisory board shall perform the following duties:
(1) Adopt by-laws for its operation consistent with this article, including, but not limited to,
by-laws concerning the voting rights of members and the delegation of member
responsibilities.
(2) Review all proposed policies affecting the coordinated fire and rescue system and provide
comments and advice to the fire and rescue chief through the collaborative procedures
established in section 6-109.
(3) Appoint a committee or committees to meet regularly with the fire and rescue chief,
county staff and, if appropriate, county volunteers, in order to consider concerns and
provide input regarding:
a. Incident management;
b. Non-conformance with duly adopted system policies; and
c. Assurance of quality in the delivery of emergency services.
(4) Appoint such additional committees as may be useful to facilitate communication
regarding matters of importance to the coordinated fire and rescue system in the
performance of its essential mission, including county staff and county volunteers in such
committees, as appropriate.
(5) Appoint an executive committee to perform the responsibilities outlined in section 6-108.
(6) Review and provide input and recommendations to the fire and rescue chief regarding
new initiatives for the system’s operating and capital improvement budgets.
Ordinance considered by the
Board on August 11, 2010
7
(7) Meet on a regular basis in order to perform its responsibilities under this section, and
present a report at least annually to the board of supervisors regarding the health and
welfare of the volunteer system.
Sec. 6-108. Executive committee of the advisory board.
(a) Composition. The executive committee of the advisory board shall be composed of at least
three members of the advisory board who are selected by the advisory board in accordance with its by-
laws, and with the goal of providing equal representation for the fire companies and rescue squads.
Executive committee members must be active members in good standing with their respective volunteer
companies and squads.
(b) Terms of service. The advisory board shall determine the terms of service for committee
members, who shall serve at the pleasure of the advisory board.
(c) Responsibilities. The executive committee shall advise the fire and rescue chief in a timely
manner on all proposed policies of the coordinated fire and rescue system and on any other system matter
for which the fire and rescue chief requests input and advice. The executive committee shall meet as
frequently as needed to discharge these responsibilities.
Sec. 6-109. Procedure for developing policies of the coordinated fire and rescue system.
(a) Purpose. In adopting this ordinance the board of supervisors recognizes that, to have full
effect, policies must be developed through a collaborative process and enjoy the support of a majority of
the elements of the coordinated fire and rescue system. The procedures in this section are intended to
assist the fire and rescue chief, the advisory board, and the executive committee in the collaborative and
careful development of policies for the system. These procedures may be changed at any time by
agreement of the fire and rescue chief and the advisory board by a majority vote. In addition, the fire and
rescue chief may at any time seek more input and advice from the executive committee or advisory board
than this section requires.
(b) Initiative and Drafting. Any member of the coordinated fire and rescue system may suggest
new policies or policy amendments to the fire and rescue chief and the advisory board through the
member’s chain of command. In cooperation with the executive committee, the fire and resc ue chief shall
oversee the preparation of new system-level policies and the review of all existing system-level policies.
Policies that affect only county employees or county volunteers will not be considered by the executive
committee. Draft policies, prepared by the fire and rescue chief, shall be submitted to the executive
committee for joint consideration and collaborative development. The draft will be accompanied by a
written report summarizing the rationale for the policy and the impacts, if any, on volunteer budgets and
volunteer members’ time.
(c) Executive Committee Role in Policy Development. The executive committee shall review and
evaluate all draft policies proposed by the fire and rescue chief or others in light of the following
standard: whether the policy is essential to the effective and equitable provision of high-quality,
countywide fire and rescue services (hereinafter, ―system policy standard‖). Within thirty (30) calendar
days of receiving the initial draft policy, barring unforeseen circumstances, the executive committee shall
review the draft and decide to: support the policy as worded; support the policy with specific revisions; or
decline to support the policy. The committee may accompany its decision with a written explanation of
its position, although it must provide a written explanation in the event it declines to support the policy.
The fire and rescue chief shall consider the comments and recommendations of the executive
committee and shall incorporate such recommendations for revision which, in his judgment, meet the
system policy standard. The fire and rescue chief shall then re-submit the draft, with any revisions, to the
executive committee for additional review and comment, repeating this process until he is satisfied that
Ordinance considered by the
Board on August 11, 2010
8
the resulting draft meets the system policy standard and addresses the reasonable concerns of the
executive committee. Should the chief decline to accept any material recommendation for revision from
the executive committee, he shall provide a written explanation of his decision to the executive committee
and attempt to reach a consensus with the committee prior to submitting the proposed policy to the
advisory board.
During the collaborative process described above, the executive committee shall brief other
members of the advisory board on the progress of its work with the fire and rescue chief and solicit from
the advisory board any questions, concerns and suggestions for introduction to the chief.
(d) Advisory Board Deliberations. After completing collaborative consultations
with the executive committee as described above, the fire and rescue chief shall submit the proposed
policy, along with any annotations he considers necessary, to the full advisory board for its review.
Provided that the proposed policy is submitted to the advisory board at least fourteen (14) calendar days
before any monthly meeting, the advisory board shall take action on the policy at that meeting. After
considering the draft policy in light of the system policy standard defined in §6-109(c), the advisory board
shall take one of the following actions by majority vote:
1. Accept the draft policy as worded, following which the policy shall be considered adopted.
2. Support the policy in principle, but with specific revisions.
3. Decline to accept the policy. If the advisory board votes to oppose the policy, it must
provide a clear explanation for its vote at the meeting, and may, at its discretion, follow with
a written explanation of the reasons for its opposition.
The fire and rescue chief shall reconsider the draft policy in light of the system policy standard
defined in §6-109(c) and incorporate such revisions from the advisory board which, in his judgment, meet
that standard. The chief shall then submit any revised draft policy to the advisory board or the executive
committee for additional review and consider any further recommendations, repeating this process until
he is satisfied that the resulting draft policy meets the system policy standard and addresses the reasonable
concerns of the advisory board. The chief shall submit his final draft policy to the advisory board at least
fourteen (14) calendar days before their next meeting for final consideration.
(e) Adoption of Policies. The fire and rescue chief shall be authorized to adopt and issue a policy
of the coordinated fire and rescue system immediately after a vote by the advisory board to support the
policy as worded. Should the advisory board vote to support the policy with revisions, or to oppose the
policy, the chief may nonetheless notify the advisory board that he intends to issue the proposed policy as
submitted. In that event, the proposed policy will take effect the day after the next advisory board
meeting, unless otherwise specified within the policy, or unless the advisory board votes to contest the
policy at that meeting.
Informal Contest of Policies. Should the advisory board vote to contest the policy, written
statements from the fire and rescue chief and the advisory board, explaining their positions for and against
the policy, shall be submitted to the county executive no later than fourteen (14) calendar days from the
date of the meeting. The county executive or his designee shall either: (1) refer the policy back to the
parties for further consideration and collaboration; or (2) determine that the policy meets the system
policy standard as defined in §6-109(c). Following the county executive’s decision, the advisory board
shall vote at its next meeting regarding whether to file a formal appeal of the policy.
(f) Appeals of Policies. Appeals of proposed policies will be taken in accordance with this
section. Within seven (7) calendar days of any vote to appeal, the chairman of the advisory board shall
submit a written notice of appeal, including a statement of the basis for the appeal, to the county
executive.
Ordinance considered by the
Board on August 11, 2010
9
Within ten (10) calendar days of receiving the notice of appeal, the county executive or his
designee shall provide a written decision to the advisory board and the fire and rescue chief. Decisions
shall be based on whether the proposed policy meets the system policy standard as defined in §6-109(c).
A decision that the appeal has merit may also provide guidance to the fire and rescue chief and the
executive committee regarding further work to be undertaken on the disputed policy. A decision that the
appeal is without merit may be appealed to the board of supervisors by a majority vote of the advisory
board at its next meeting.
Within seven (7) calendar days of the vote to appeal to the board of supervisors, the chairman of
the advisory board shall submit a written notice of appeal, including a statement of the basis for the
appeal, to the clerk of the board of supervisors. The written notice of appeal will be accompanied by a
packet, compiled by county staff, containing a copy of the following: all documents submitted by the
advisory board, fire and rescue chief, and the County Executive as part of the informal contest and appeal
processes; the proposed policy; and the minutes, if any, reflecting advisory board deliberations on the
proposed policy. Any party may include such other documents it believes would be helpful for the board
of supervisors to consider by providing them to the clerk of the board of supervisors prior to the
expiration of the seven (7) calendar days described above. The board of supervisors shall consider the
appeal at a subsequent meeting and issue a decision that the appeal should be sustained or not sustained,
in whole or in part. The basis for the decision shall be whether the proposed policy meets the system
policy standard as defined by §6-109(c).
Sec. 6-100 110 Office of the Fire Marshal fire marshal created; appointment, oath and powers of
the fire marshal and his duties.
A.(a) Pursuant to Virginia Code § 27-30, the Office of the County Fire Marshal is hereby
established. The board of supervisors shall appoint the fire marshal and such assistant fire marshals as the
board deems necessary.
B.(b) The fire marshal and his assistants shall, before entering upon their duties, take an oath,
before any officer authorized to administer oaths, to faithfully discharge the duties of their offices.
C.(c) The fire marshal and his assistants, in addition to such other duties as may be prescribed
by law, shall be authorized to exercise all of the powers authorized by Title 27, Chapter 3 of the Virginia
Code granted pursuant to Virginia Code § 27-34.2:1.
D. While any fire department or fire company is in the process of answering an alarm or
operating at an emergency incident where there is imminent danger or the actual occurrence of fire or
explosion, or the uncontrolled release of hazardous materials that threaten life or property, or in other
emergency situations, the fire marshal and his assistants, or other officer in charge of such fire department
or company at that time, shall have the authority to:
1. maintain order at such emergency incident or in its vicinity;
2. notwithstanding the provisions of Virginia Code § 46.2-890, keep bystanders or
other persons at a safe distance from the incident and emergency equipment;
3. facilitate the speedy movement and operation of emergency equipment and
firefighters;
4. cause an investigation to be made into the origin and cause of the incident; and
5. until the arrival of a police officer, direct and control traffic, in person or by
deputy, and facilitate the movement of traffic.
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The fire marshal or other officer in charge shall display his firefighter’s badge or other proper means of
identification.
E. Notwithstanding any other provision of law, the authority granted by this section shall
extend to the activation of traffic control signals designed to facilitate the safe egress and ingress of
emergency equipment at a fire station.
F. Any person refusing to obey the orders of the fire marshal or his assistants, or other
officer in charge at that time, shall be guilty of a class 4 misdemeanor. The fire marshal and his
assistants, or other officer in charge, shall have the authority to make arrests for violation of the
provisions of this section.
G. The authority granted under the provisions of this section may not be exercised to inhibit
or obstruct members of law-enforcement agencies or rescue squads from performing their normal duties
when operating at such emergency incident. Personnel from the news media, when engaged in news -
gathering activities, may enter at their own risk into the incident area only when the officer in charge has
deemed the area safe and only into those areas of the incident that do not, in the opinion of the fire
marshal or his assistants, or other officer in charge, interfere with the fire department or rescue workers
dealing with such emergencies, in which case the fire marshal his assistants, or other officer in charge,
may order such persons from the scene of the emergency incident.
(Code 1988, § 9-1; Ord. 98-A(1), 8-5-98)
State law reference – Virginia Code §§27-30, et seq.
Sec. 6-102 111 Junior Firefighters Programs.
Persons sixteen years of age or older are authorized to participate in a volunteer fire company
duly authorized to operate within the County of Albemarle under the following conditions.
Any person sixteen years of age or older may work with or is authorized to participate fully in all
activities of a voluntary volunteer fire company duly authorized to operate in the county after he or she,
provided that, if such person is less than eighteen years of age, such person shall first:
(a) Becomes a member of the volunteer fire company;
A.(b) Supply Supplies to the chief fire officer of the volunteer fire company written
confirmation that such person is a resident of the Commonwealth of Virginia and has parental or guardian
approval; and
B.(c) Attain Attains certification under National Fire Protection Association 1001, level one,
fire fighter standards as administered by the Department of Fire Programs.
(Ord. 01-6(2), 12-05-01)
State law reference -- Virginia Code § 40.1-79.1.
Sec. 6-101 General precautions to prevent spread of fire; penalties.
A. It shall be unlawful for any owner or lessee of land to set fire to, or to procure another to
set fire to, any woods, brush, logs, leaves, grass, debris or other inflammable material upon such land
unless he previously shall have taken all reasonable care and precaution, by having cut and piled the same
or carefully cleared around the same, to prevent the spread of such fire to land other than those owned or
leased by him. It shall be unlawful for any employee, agent, representative or licensee of any such owner
Ordinance considered by the
Board on August 11, 2010
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or lessee of land to set fire to or to procure another to set fire to any woods, brush, logs, leaves, grass,
debris or other inflammable material upon such land unless he shall have taken similar precautions to
prevent the spread of such fire to any other land.
B. During the period beginning February 15 and ending April 30 of each year, even though
the precautions required by this section have been taken, it shall be unlawful for any person to set fire to,
or to procure another to set fire to, any brush, leaves, grass, debris or field containing dry grass or other
inflammable material capable of spreading fire, located in or within five hundred (500) feet of any
woodland, brushland or field containing dry grass or other flammable material, except between the hours
of 4:00 p.m. and 12.00 midnight.
C. The provisions of this section shall not apply to fires which may be set within the
corporate limits of any incorporated town, nor to fires set on rights -of-way of railroad companies by their
duly authorized employees.
D. Any person violating any provisions of this section shall be guilty of a class 3
misdemeanor for each separate offense. In addition, such person shall be liable for the full amount of all
expenses incurred in fighting the fire.
(Code 1988, § 9-2; Ord. 98-A(1), 8-5-98)
State law reference--For similar state law, see Va. Code § 10.1-1142.
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