13 AAC 52.030 - Standards of organization and services of a fire department

(a) The Department of Public Safety is a registered fire department. The division of fire and life safety will register the following fire departments that meet the requirements of (b) and (c) of this section:

(1) a fire department that by municipal ordinance is authorized to perform its duties;

(2) a fire department outside a municipality that is authorized to perform its duties;

(3) an airport fire department;

(4) an airport fire response service;

(5) an industrial fire department;

(6) an industrial fire brigade;

(7) a university or college fire department.

(b) A fire department shall submit to the division of fire and life safety a copy of the following documentation indicating legal authority requirements for the following fire department areas:

(1) if a fire department is in a unified home rule municipality, home rule borough, first class borough, or second class borough, the fire department shall submit a copy of an ordinance from the municipality or borough;

(2) if the fire department is in an organized borough or municipality, and is in an unincorporated area but has contracted with the borough or municipality, the fire department shall submit a copy of

(A) the contract between the corporation and the borough or municipality; and

(B) the fire department's bylaws;

(3) if the fire department is in an organized borough and in a home rule city, first class city, or second class city, the fire department shall submit a copy of

(A) an ordinance, resolution, or constitution from the city; and

(B) the fire department's bylaws;

(4) if the fire department is in the unorganized borough and in a home rule city, first class city, or second class city, the fire department shall submit a copy of

(A) an ordinance, resolution, or constitution from the city; and

(B) the fire department's bylaws;

(5) if the fire department is in an organized borough and in an unincorporated area, the fire department shall submit a copy of

(A) an ordinance, resolution, or constitution from the borough; and

(B) the fire department's bylaws;

(6) if the fire department is in the unorganized borough and and in an unincorporated area, the fire department shall submit a copy of

(A) a certificate of incorporation from the division within the Department of Commerce, Community, and Economic Development that oversees corporations, business, and professional licensing; and professional licensing, or a constitution from a legal entity or agency; for purposes of this subparagraph,

(i) a certificate of incorporation may include a certificate from a corporation organized under 43 U.S.C. 1601- 1629h (Alaska Native Claims Settlement Act), as provided in AS 10.06.960, or from a nonprofit corporation organized under AS 10.20;

(ii) a legal entity or agency may be a community that governs through a constitution rather than ordinances; and

(B) the fire department's bylaws;

(7) if the fire department is an airport fire department or airport fire response service, the fire department or fire response service shall submit a copy of the airport operating certificate from the United States Department of Transportation, Federal Aviation Administration;

(8) if the fire department is an industrial fire department or an industrial fire brigade, the fire department or fire brigade shall submit a copy of its organizational statement that includes the emergency procedures.

(c) A registered fire department must have operating procedures that

(1) define the boundaries of the area to be served;

(2) provide for the appointment of a single fire chief of the department;

(3) provide for programs of pre-fire planning surveys, training, and fire safety and bum prevention education;

(4) provide for the investigation and determination of the cause of each fire occurring within the boundaries and comply with fire reporting requirements required by the state fire marshal under 13 AAC 52.020(a) and (d);

(5) provide for regular meetings of fire department personnel for business and training purposes;

(6) provide for a program of code enforcement if authority has been granted by the local governing body;

(7) provide a list of current department personnel and their rank; and

(8) provide for the appointment of a public fire and life safety educator, fire investigator, and Alaska National Fire Incident Reporting System (ANFIRS) manager.

(d) In order to maintain its registration, a fire department registered with the state fire marshal must submit to the state fire marshal, no later than January 31 of each year, on a form provided by the state fire marshal, a report that provides the following information about the previous calendar year:

(1) a summary of the fire department's activities;

(2) a summary of course or fire training received by the department's firefighters;

(3) the number and description of public fire safety and bum prevention education programs conducted in the community;

(4) a summary of the general condition of the department;

(5) a list of the department personnel, their rank, and pay status;

(6) a list of firefighting vehicles, special firefighting equipment, and emergency medical services equipment controlled by the department;

(7) every five years, the department's legal authority documentation and definition of the boundaries of the area to be served, as required under (b) and (c)(1) of this section.

(e) The state fire marshal may register a fire department that does not fall into a category listed in (a)(1) - (7) of this section.

(f) If a registered fire department does not make the report required under (d) of this section for more than three years, the fire department's registration lapses. To re-register, a fire department with a lapsed registration must re-submit to the division of fire and life safety the documentation and operating procedures information required under (b) and (c) of this section.

(g) The state fire marshal may suspend the registration of a fire department that fails to submit a report required under ( c) of this section, fails to meet the requirements of 13 AAC 52.020, or fails to submit reasonable justification for its failure to report.

Notes

13 AAC 52.030

Eff. 2/21/71, Register 37; am 1/14/81, Register 77; am 10/28/90, Register 116; am 6/10/93, Register 126; am 8/31/96, Register 139; am 8/27/2004, Register 171; am 9/13/2007, Register 183; am 11/16/2012, Register 204; am 5/19/2017, Register 222, July 2017; am 10/28/2022, Register 244, January 2023

Authority: AS 18.70.010