PHS.4.3.090 Fire Department Duties.

(a) Fire prevention and inspections.

(1) General. The chief of the fire department shall be responsible for having all tribal buildings within the Lac Courte Oreilles Reservation inspected for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of any law or ordinance relating to fire hazards or to the prevention of fires.

(2) Determining the buildings that are to be inspected. The fire chief shall be responsible for determining those tribal buildings that are to be inspected, for which the fire department has responsibility.

(3) Scheduling of inspections. Fire prevention inspections shall be conducted at least once in each non-overlapping six (6) -month period per calendar year, or more often if ordered by the fire chief.

(4) Inspection reports. The fire chief shall make and keep on file reports of fire prevention inspections for at least seven (7) years, the reports shall be maintained in written form or in another form capable of conversion into written form within a reasonable amount of time.

(5) Inspectors. Fire safety inspections shall be conducted by the fire chief or authorized representative of the fire chief.

(6) Fire inspector training. All fire department personnel directly involved in conducting fire inspections are authorized by the department and by the fire chief to conduct the inspections upon completion of training approved by the fire chief.

(b) Fire education. The fire department shall provide tribal fire education services within the Reservation. The services may be selected from the following fire education-related activities, or may be other activities acceptable to the Department:

(1) Fire education services. Fire department may complete any combination of the following activities: children's poster contest; fire department open house; school visits to teach children fire safety; fire department fire safety demonstrations, including but not limited to firefighting demonstrations, fire extinguisher and smoke detector demonstrations, stop, drop and roll demonstrations, or an activity that specifically relates fire education.

(2) Residential fire inspection program. Fire departments advertise and conduct residential fire inspections on a request basis.

(3) Building plan review program. A floor plan of all new construction shall be provided to the Fire Department upon request.

(4) School education program. Fire departments conduct approved fire safety education programs in the school districts for which they have responsibility.

(5) Continuing fire education program. Fire departments conduct fire education programs, which may include monthly tribal service announcements for radio or television, monthly newspaper articles, booths at fairs, demonstrations at shopping centers, and billboards with fire safety messages.

(6) Fire extinguisher training program. Fire departments conduct training programs for the Tribe in the operation of fire extinguishers.

(7) Occupancy inspection program. Fire departments conduct inspections of tribal buildings prior to the issuance of local occupancy permits. Written documentation of the inspections is kept by each fire department.

(8) Smoke detector awareness program. Fire departments conduct programs to inform people regarding the effectiveness and proper installation of smoke detectors in residential buildings and tribal buildings.

(c) Record keeping. The following fire department dues entitlement records shall be generated and maintained:

(1) Current roster of active fire department members.

(2) Time, date, location, and number of firefighters responding, excluding the chief, for each first alarm for a building. For any of these responses that are in combination with another fire department under a mutual aid agreement, the record under this paragraph shall include the name of that department and the number of firefighters, excluding the chief, responding from that department.

(3) Number and duration of, and attendance at, fire department meetings, if the fire department is a volunteer fire department. For the purposes of this requirement, a volunteer fire department does not have any member who is paid for 36 hours or more of work, on a weekly basis.

(4) Number and duration of, topic of and attendance at fire department training sessions.

(5) Number, type, and duration of, and attendance of fire department members at, tribal fire education related activities.

(d) Audit.

(1) The Department shall annually complete and submit a self-certified audit to the Tribal Governing Board and shall be submitted on or before April 1.

(A) The Department shall include in input the name of every fire department employee or volunteer that provided fire protection services and fire prevention services, to the Tribe in the last calendar year. The fire department may use mutual aid agreements as additional means of providing fire protection services.

(2) The chief of the fire department shall provide the input required by this paragraph, as to whether or not fire department is in substantial compliance with any mandatory tribal, state, or federal regulations regarding the fire department.

(3) The department shall examine fire department records, including the records of any and all fires, financial records, payroll, professional certifications, equipment lists, and any other relevant information, to verify that the required fire prevention and fire protection services were provided within the Reservation by the Department.