H.B. 400 Enrolled

COUNTY VOLUNTEER AND PAID-CALL
FIREFIGHTERS' HOURS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Steve Barth
AN ACT RELATING TO COUNTIES; PROVIDING AN EXCEPTION TO PROHIBITION
AGAINST A VOLUNTEER OR PAID-CALL FIREFIGHTER WORKING EXCESS
HOURS; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN
EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17-28-5, as last amended by Chapter 115, Laws of Utah 1992
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17-28-5 is amended to read:
17-28-5. Appointment of county fire department personnel -- Volunteers.
(1) (a) Except for the chief and deputy chief of a county fire department, all firefighter
positions in county fire departments shall be filled by persons appointed from a certified county
fire civil service register.
(b) County fire civil service registers for employment and promotion shall be prepared by
the County Fire Civil Service executive director according to the requirements of this chapter and
civil service rules.
(2) (a) The chief and the deputy chief of any county fire department may be appointed
from either the certified county fire civil service register or from qualified applicants outside of
the county civil service system.
(b) The positions of chief and deputy chief are exempt from civil service status.
(c) A chief or deputy chief who is appointed from the certified county fire civil service
register shall be returned to the civil service status that he held before his appointment after his
appointment expires or terminates.
(3) (a) All persons employed as firefighters, emergency medical technicians, or a

combination of firefighter and emergency medical technician, shall be subject to the provisions of
this chapter and shall be members of the County Fire Civil Service System.
(b) Other fire department employees who do not provide firefighter services are not
considered subject to this chapter and shall be covered by the countywide merit system.
(4) [Volunteer firefighters] (a) A volunteer firefighter or paid-call [firefighters are]
firefighter is not [considered] subject to this chapter and [are] is not [considered] a merit [employees]
employee subject to the County Fire Civil Service System. [A]
(b) (i) Except as provided in Subsection (4)(b)(ii), a volunteer or paid-call firefighter may
not work [in excess of] more than 1,040 hours per calendar year.
(ii) Notwithstanding Subsection (4)(b)(i), a wildland firefighter may work more than 1,040
hours per calendar year if approved by the county legislative body.
(iii) For purposes of this Subsection (4)(b), "wildland firefighter" means a seasonally
employed firefighter who does not receive the same employment benefits as a full-time employee
and who is hired to suppress wildland fires in areas outside of inhabited, urban areas.
Section 2. Effective date.
This act takes effect on July 1, 1997.

- 2 -