KRS § 95.500 — KY Code / Title IX / Chapter 95 / Section 95.500
95.500 Powers and duties of chief of fire department -- Hours of work and annual leave of firefighters -- Applicable to urban-county governments and cities on DLG's registry of cities that belonged to the second class on August 1, 2014
Status: in_force

95.500 Powers and duties of chief of fire department -- Hours of work and annual

leave of firefighters -- Applicable to urban-county governments and cities on

DLG's registry of cities that belonged to the second class on August 1, 2014.

(1) The chief of the fire department in cities or urban-county governments, or an officer

acting under his or her authority:

(a) Shall be present at all fires and investigate their cause;

(b) May examine witnesses, compel the production of testimony, administer

oaths, make arrests, and enter any building for the purpose of examination

that, in his or her opinion, is in danger from fires; and

(c) Shall report his or her proceedings to the city legislative body when required.

(2) The chief shall:

(a) Direct and control the operations of the members of the fire department in the

discharge of their duties;

(b) Have access to and use of all cisterns, fireplugs, the waters of the waterworks,

and the cisterns of private persons, for the purpose of extinguishing fires;

(c) Have the right to examine all cisterns, and all plugs and pipes of the

waterworks, to see that they are in condition for use in case of fire;

(d) Have control of all buildings, hose, engines, and other equipment provided for

the fire department; and

(e) Perform such other duties as the legislative body shall, by ordinance,

prescribe.

(3) (a) The fire department of each city listed on the registry pursuant to subsection

(5) of this section or urban-county government shall be divided into three (3)

platoons of firefighters. Each platoon, excluding the chief, the assistant chief,

clerical employees, maintenance employees, fire inspectors, fire investigators,

and arson investigators, in fire departments in the cities listed on the registry

or in urban-county governments, shall be on duty for:

1. Twenty-four (24) consecutive hours, after which the platoon serving

twenty-four (24) hours shall be allowed to remain off duty for forty-

eight (48) consecutive hours;

2. Unless otherwise provided in a collective bargaining agreement, be on

forty-eight (48) consecutive hours, after which the platoon serving forty-

eight (48) consecutive hours shall be allowed to remain off duty for the

following ninety-six (96) consecutive hours; or

3. Unless otherwise provided in a collective bargaining agreement, twenty-

four (24) hours, after which the platoon serving twenty-four (24) hours

shall be allowed to remain off duty for seventy-two (72) hours, after

which that platoon shall be on duty again for forty-eight (48) hours, then

shall be allowed to remain off duty again for seventy-two (72) hours;

except in cases of dire emergency. The chief of the fire department shall

arrange the schedule of working hours to comply with the provisions of this

section. The pay, rank, or benefits of the members and officers of the fire

department shall not be reduced as a result of this subsection.

(b) Notwithstanding paragraph (a) of this subsection, any city or urban-county

government that maintains a collective bargaining agreement with members

of its fire department may reach an agreement with the bargaining unit to

establish an alternative staffing and scheduling plan for the operation of its

fire department.

(c) Any change in a work schedule made pursuant to this subsection shall not

result in a decrease in the compensation of firefighters, exclusive of

unscheduled overtime.

(4) In each city or urban-county government listed on the registry, all employees of the

fire department shall be given not less than two (2) weeks leave of absence

annually, with full pay.

(5) On or before January 1, 2015, the Department for Local Government shall create a

registry of cities that shall be required to comply with the provisions of subsections

(3) and (4) of this section. The Department for Local Government shall include

each of those cities on the registry that were classified as cities of the second class

on August 1, 2014. The Department for Local Government shall make the

information included on the registry available to the public by publishing it on its

website.