Okla. Stat. tit. 19, § 19-351

Oklahoma Firefighters Pension and Retirement System - Code of

minimum rules and regulations - Funds required to be maintained.

A. The board of county commissioners of each county of this

state is hereby authorized to provide firefighting service in the

county and for such purpose to use county funds to rent, lease or

purchase firefighting equipment and to rent or construct and equip

and operate fire stations and to employ necessary personnel to

provide such service. The board of county commissioners shall also

have the authority to determine and collect charges for firefighting

services performed by the county from any person to whom such

services are provided.

B. The board of county commissioners of each county of this

state shall have the power to take by grant, purchase, gift, devise

or lease, and to dispose of, any real property for the purpose of

acquiring right-of-ways and easements necessary in providing

firefighting services to the county, including the construction and

maintenance of roads and the installation of dry hydrants. The

board may use county funds and equipment to construct and maintain

such roads and to install such dry hydrants. Provided, nothing in

this subsection shall be construed to prohibit the installation of

dry hydrants on privately owned property by the owner thereof at the

expense of the owner.

C. The board of county commissioners of each county of this

state shall have the authority to use county personnel operating

county equipment to fight fires in situations where an emergency is

determined to exist, provided the firefighting service is requested

by the county civil defense director or upon a request of a rural

fire department.

D. 1. A corporate fire department organized pursuant to the

provisions of Section 592 of Title 18 of the Oklahoma Statutes or a

county fire department organized pursuant to the provisions of

subsection A of this section may petition the board of county

commissioners of the county in which the fire department provides

protection to convert to a county fire department organized pursuant

to the provisions of this subsection. The petition shall set forth

and particularly describe the proposed boundaries of such county

fire department and shall be accompanied by a map of such proposed

fire department, drawn to a scale of not less than one (1) inch to a

mile. The petition shall also set forth the administration, control

and ownership of all the corporate fire department's assets in the

event such petition is approved. Such petition shall be filed with

the county clerk of such county who shall present it to the board of

county commissioners at their next regular or special meeting. Upon

presentation of such petition, the board of county commissioners

Oklahoma Statutes - Title 19. Counties and County Officers Page 184

shall set the same for hearing at a time not less than twenty (20)

days nor more than forty (40) days from the date of presentation and

shall direct the county clerk to give notice of such hearing by

publication in a newspaper of general circulation in the county in

which the proposed county fire department is located. Such notice

shall describe the boundaries of the proposed county fire

department, shall state the time and place of the hearing, and shall

state that any person may appear and protest the organization of the

county fire department or the proposed boundaries thereof. The

board of county commissioners shall hold the hearing described in

said notice, and it shall have jurisdiction to hear and determine

all protests to the creation of such county fire department and all

matters pertaining to the same. It may amend the plan of such

proposed county fire department by excluding from within its

boundaries any lands which it may deem will not be benefited by the

formation of such county fire department, or by including other

lands as a part thereof upon application of the owners of such land;
ne

all protests to the creation of such county fire department and all

matters pertaining to the same. It may amend the plan of such

proposed county fire department by excluding from within its

boundaries any lands which it may deem will not be benefited by the

formation of such county fire department, or by including other

lands as a part thereof upon application of the owners of such land;

provided, however, it shall not exclude from such district any

unincorporated lands which are completely surrounded by lands which

are included in the proposed county fire department. If the board

of county commissioners determines that the conversion of such

corporate fire department to a county fire department will be

conducive to the public safety of the affected area therein, then

said board shall give such proposed county fire department a name

and shall authorize and approve the organization of said county fire

department.

2. To be eligible to convert to a county fire department formed

pursuant to this subsection, a fire department shall have a Public

Protection Classification of nine (9) or better from ISO Commercial

Risk Services, Inc., limit the size of such volunteer county fire

department to not less than six or more than twenty members per fire

station, and shall be subject to the laws of the State of Oklahoma

regarding the administration and operation of a fire department,

including, but not limited to, the laws of the State Department of

Labor and the State Fire Marshal Commission. For purposes of this

subsection, a volunteer fire department is one which has in its

employ not more than two full-time salaried firefighters.

3. Directors of a county fire department organized pursuant to

this subsection shall be residents of said district. At the time of

making its order organizing such county fire department, the board

of county commissioners shall appoint five directors, one of which

shall hold his or her respective office for a term of five (5)

years, one of which shall hold his or her respective office for a

term of four (4) years, one of which shall hold his or her

respective office for a term of three (3) years, one of which shall

hold his or her respective office for a term of two (2) years, and

one of which shall hold his or her respective office for a term of

Oklahoma Statutes - Title 19. Counties and County Officers Page 185

one (1) year. On or before January 1, 2002, the board of county

commissioners shall, for fire departments which operate more than

five fire stations, appoint additional directors of a county fire

department until the number of directors equals the number of fire

stations operated by that county fire department. Each additional

director shall be appointed by the board of county commissioners for

a term that matches the term of one of the first five directors

appointed. Whenever a new fire station is added to a county fire

department which has five or more fire stations, the board of county

commissioners shall appoint an additional director from that

district in which the new fire station has been added. Each year

thereafter, there shall be appointed by the board of county

commissioners for a term of five (5) years so many members as are

necessary to replace all members whose terms are expiring on the

board of directors for such county fire department.

4. The board of directors of a county fire department organized

pursuant to this subsection shall select one of its members to serve

as chair and shall appoint a clerk and a treasurer. The board of

directors shall fix the term and duties of the chair, clerk and

treasurer. The chair and members of the board of directors shall

serve without compensation. The treasurer shall give an official

bond, in an amount fixed and with sureties approved by the board of

county commissioners, conditioned upon the faithful accounting for

all money pertaining to the county fire department and coming into
directors shall fix the term and duties of the chair, clerk and

treasurer. The chair and members of the board of directors shall

serve without compensation. The treasurer shall give an official

bond, in an amount fixed and with sureties approved by the board of

county commissioners, conditioned upon the faithful accounting for

all money pertaining to the county fire department and coming into

his or her hands.

5. The board of directors of a county fire department organized

pursuant to this subsection shall have the following powers and

duties:

a. to manage and conduct the business affairs of such

county fire department,

b. to make and execute all necessary contracts,

c. to purchase or lease-purchase and maintain all

necessary and convenient engines, hoses, hose carts or

other appliances and supplies for the full equipment

of a fire company or department from available funds,

d. to appoint the fire chief, fire company officers and

employees (whether paid or volunteer), sufficient to

maintain and operate the equipment owned by the county

fire department,

e. to take by grant, purchase, gift, devise or lease, and

to dispose of real or personal property of every kind

necessary for the operation of the county fire

department,

f. to construct or otherwise acquire from available funds

suitable firehouses and other buildings or structures

suitable for the housing of equipment and supplies of

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the county fire department, or for carrying on its own

business and affairs,

g. to employ such officers and employees as may be

required from available funds, fix their compensation

and prescribe their duties,

h. to establish rules for such county fire department and

for the prevention of fires and conflagrations within

the department's boundaries and for the protection of

property at and during any fire,

i. to do any and all other things necessary and proper in

the management and operation of the county fire

department for the purpose of protecting property

within its boundaries from fire, and

j. to prepare an annual budget and follow existing laws

pertaining to the budget process such as public

notice, public hearings, protest periods and filing

requirements in the same manner as they apply to other

forms of government in Oklahoma.

6. The board of directors of a county fire department organized

pursuant to this subsection may submit an application to include the

firefighters of such county fire department in the Oklahoma

Firefighters Pension and Retirement System. The application for

participation in the Oklahoma Firefighters Pension and Retirement

System shall be submitted in accordance with subsection A of Section

49-105.2 of Title 11 of the Oklahoma Statutes. For purposes of

complying with Sections 49-103 and 49-104 of Title 11 of the

Oklahoma Statutes, the chair, clerk and treasurer of the board of

directors of the county fire department shall serve on the local

firefighters pension and retirement board along with three

firefighters of such county fire department elected by the members

of the county fire department. The chair of the board of directors

of the county fire department shall be the chair of the local board

of the county fire department and the clerk of the board of

directors of the county fire department shall be the secretary of

the local board of the county fire department. The chair of the

local board of the county fire department shall have a casting vote

with the members of the local board of the county fire department

only when necessary to avoid a tie vote. The local board of the

county fire department shall promulgate such rules as may be

necessary to ensure the orderly conduct of a local board meeting.

While participating in the Oklahoma Firefighters Pension and

Retirement System, the board of directors, local board and fire
casting vote

with the members of the local board of the county fire department

only when necessary to avoid a tie vote. The local board of the

county fire department shall promulgate such rules as may be

necessary to ensure the orderly conduct of a local board meeting.

While participating in the Oklahoma Firefighters Pension and

Retirement System, the board of directors, local board and fire

chief of the county fire department shall perform all administrative

requirements of the pension system.

7. Any board of directors of a county fire department organized

pursuant to this subsection having volunteers enrolled as members of

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such county fire department shall adopt a code of minimum rules and

regulations in substantial compliance with the following:

a. Fire chief.

(1) The fire chief shall be at the head of the

department, subject to the laws of the State of

Oklahoma, rules of the board of directors, and

the rules and regulations herein adopted.

(2) The fire chief shall be held responsible for the

general condition and efficient operation of the

department, the training of members, and the

performance of all other duties imposed upon him

or her by law or the board of directors.

(3) The fire chief may inspect or cause to be

inspected by members of the department, the fire

hydrants, cisterns and other sources of water

supply at least twice a year.

(4) The fire chief shall maintain a library or file

of publications on fire prevention and fire

protection and shall make use of the library or

file to the best advantage of all members.

(5) The fire chief shall make every effort to attend

all fires and direct the officers and members of

the fire department in the performance of their

duties.

(6) The fire chief shall see that the citizens are

kept informed on fire hazards within the

boundaries of the department and on the

activities of the department.

(7) The fire chief shall see that each fire is

carefully investigated to determine its cause,

and in the case of suspicion of incendiarism

shall notify proper authorities. The fire chief

shall secure and preserve all possible evidence

for future use in the case of a suspicious

incendiarism.

(8) The fire chief shall file the appropriate

activity report forms with the Office of the

State Fire Marshal in Oklahoma City on an annual

basis. The activity report forms shall be

designed by the State Fire Marshal and shall

include, but not be limited to, the amount of

property and vehicle fire loss, types of fires,

inspections and investigations. The report shall

include notification of all fire-related civilian

deaths and injuries in the respective

jurisdiction and of firefighter deaths in the

line of duty and of firefighter injuries in the

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line of duty requiring the services of a hospital

or physician or both.

b. Assistant fire chief.

In the absence of the fire chief, the assistant fire

chief on duty shall command the department and be held

responsible therefore in all respects with the full

powers and responsibilities of the fire chief.

c. Company officers.

The company officers shall be selected upon their

ability to meet the following requirements:

(1) their knowledge of firefighting,

(2) their leadership ability, and

(3) their knowledge of firefighting equipment.

d. Secretary-treasurer.

One member elected by the fire department shall be

secretary-treasurer. His or her duties shall consist

of the following:

(1) calling the roll at the opening of each meeting,

(2) keeping the minutes of each meeting, and

(3) collecting any money due the department by the

members.

e. New members.
leadership ability, and

(3) their knowledge of firefighting equipment.

d. Secretary-treasurer.

One member elected by the fire department shall be

secretary-treasurer. His or her duties shall consist

of the following:

(1) calling the roll at the opening of each meeting,

(2) keeping the minutes of each meeting, and

(3) collecting any money due the department by the

members.

e. New members.

(1) An applicant of a participating county fire

department of the Oklahoma Firefighters Pension

and Retirement System shall meet the membership

requirements of the Oklahoma Firefighters Pension

and Retirement System before he or she may be

appointed as a new member of the county fire

department.

(2) A new member shall be on probation for one (1)

year after his or her appointment.

(3) A new member of a participating county fire

department of the Oklahoma Firefighters Pension

and Retirement System shall be immediately

enrolled as a member of the Oklahoma Firefighters

Pension and Retirement System regardless of

whether such member has completed his or her

probation period.

(4) The majority of the fire department members must

approve new volunteer members upon completion of

their probation period.

f. Bylaws.

The bylaws of the department shall include:

(1) All volunteer firefighters are required, when

notified, to respond to fire alarms and other

emergencies.

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(2) A volunteer firefighter is required to be present

at all regular meetings, call meetings and

schools presented for the benefit of the

firefighters.

(3) There shall be at least one regular business

meeting each month.

(4) Any volunteer firefighter having two unexcused

absences in succession or three unexcused

absences in a period of three (3) months will be

dropped from the fire department rolls.

(5) Volunteer firefighters leaving the boundaries of

the department for an extended period of time

will be required to notify the fire chief.

(6) Any volunteer firefighter refusing to attend

training classes provided for him or her will be

dropped from the fire department rolls.

(7) Any volunteer member of the fire department shall

be dropped from the fire department rolls for the

following offenses:

(a) conduct unbecoming a firefighter,

(b) any act of insubordination,

(c) neglect of duty,

(d) any violation of rules and regulations

governing the fire department, or

(e) conviction of a felony.

8. a. A county fire department organized pursuant to the

provisions of this subsection shall maintain,

according to its own accounting needs, some or all of

the funds and account groups in its system of accounts

that are consistent with legal and operating

requirements and as prescribed by the State Auditor

and Inspector. The required funds may include, but

not be limited to:

(1) a general fund, to account for all monies

received and disbursed for general department

purposes, including all assets, liabilities,

reserves, fund balances, revenues and

expenditures which are not accounted for in any

other fund or special ledger account,

(2) special revenue funds, as required, to account

for the proceeds of specific revenue sources that

are restricted by law to expenditures for

specific purposes,

(3) a capital improvement fund, to account for

financial resources segregated for acquisition,

construction or other improvement related to

capital facilities, and

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2) special revenue funds, as required, to account

for the proceeds of specific revenue sources that

are restricted by law to expenditures for

specific purposes,

(3) a capital improvement fund, to account for

financial resources segregated for acquisition,

construction or other improvement related to

capital facilities, and

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(4) a ledger or group of accounts in which to record

the details relating to the general fixed assets

of the county or department.

b. Funds raised by a nonprofit organization for the

purpose of supporting the fire protection services of

a county fire department organized pursuant to the

provisions of this subsection, whether such funds were

raised before or after a corporate fire department

converts to a county fire department, shall not be

commingled with public funds and shall be used only

for designated benevolent or charitable purposes,

including, but not limited to, fire protection

purposes.

c. No expenditure may be authorized or made by any

employee or member of the board of directors of a

county fire department organized pursuant to the

provisions of this subsection which exceeds any fund

balance of any fund of the budget as adopted or

amended or which exceeds the appropriation for any

fund of the budget as adopted or amended. Any balance

remaining in a fund at the end of the budget year

shall be carried forward to the credit of the fund for

the next budget year. It shall be unlawful for any

employee or member of the board of directors of a

county fire department organized pursuant to the

provisions of this subsection in any budget year to

create or authorize creation of a deficit in any fund.