<br><br> <br>Page 1 of 1 <br>75.440 Funds available to recognized and certified fire department -- Rights and <br>responsibilities of department -- Fire chief. <br>(1) Only fire departments recognized and certified by the commission shall be eligible <br>to receive volunteer fire department aid pursuant to KRS 95A.262(2), to receive low <br>interest loans pursuant to KRS 95A.262(14), or to participate in the Professional <br>Firefighters Foundation Program, pursuant to KRS 95A.200 to 95A.290. <br>(2) A fire department created pursuant to KRS Chapter 273 which has been recognized <br>and certified by the commission shall have the following rights and responsibilities: <br>(a) Designation as the only fire department authorized to protect property within <br>its geographic area as filed with the commission and the county clerk, but the <br>department may seek the assistance of other departments, and may make <br>reciprocal aid contracts pursuant to KRS 75.050; <br>(b) Authority to secure water immediately for purposes of fighting a fire from any <br>source, public or private. Upon request, the department shall compensate the <br>owner in a reasonable amount for water used within six (6) months of use; and <br>(c) All rights identified in the Kentucky Revised Statutes for fire departments. <br>(3) The officers and firefighters, whether paid or unpaid, of each fire department <br>created pursuant to KRS Chapter 273 and recognized and certified by the <br>commission shall select a chief. The appointment of the chief shall be subject to the <br>approval of the governing board of the department. The chief shall establish a chain <br>of command within the department. The chief, or the highest person available in the <br>chain of command if the chief cannot be present, shall, subject to all state statutes as <br>applicable, have the following rights and responsibilities: <br>(a) Authority to order the immediate evacuation of areas endangered by fire, a <br>hazardous materials incident, or other impending disaster that constitutes a <br>threat to life or property; <br>(b) Authority to be in charge of all fire ground operations at the scene of a fire or <br>other emergency; <br>(c) Control of all department personnel while on duty; and <br>(d) Control of all equipment of the department. <br>(4) The chief of each fire department created pursuant to KRS Chapter 273 and <br>recognized and certified by the commission shall perform necessary actions to <br>maintain recognition and certification of the department by the commission. <br>Effective: July 15, 1994 <br>History: Created 1994 Ky. Acts ch. 43, sec. 5, effective July 15, 1994. <br><br>