H.B. 400

1

COUNTY VOLUNTEER AND PAID-CALL
2 FIREFIGHTERS' HOURS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Steve Barth
6 AN ACT RELATING TO COUNTIES; PROVIDING AN EXCEPTION TO PROHIBITION
7 AGAINST A VOLUNTEER OR PAID-CALL FIREFIGHTER WORKING EXCESS HOURS;
8 MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 17-28-5, as last amended by Chapter 115, Laws of Utah 1992
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 17-28-5 is amended to read:
14 17-28-5. Appointment of county fire department personnel -- Volunteers.
15 (1) (a) Except for the chief and deputy chief of a county fire department, all firefighter
16 positions in county fire departments shall be filled by persons appointed from a certified county
17 fire civil service register.
18 (b) County fire civil service registers for employment and promotion shall be prepared by
19 the County Fire Civil Service executive director according to the requirements of this chapter and
20 civil service rules.
21 (2) (a) The chief and the deputy chief of any county fire department may be appointed
22 from either the certified county fire civil service register or from qualified applicants outside of
23 the county civil service system.
24 (b) The positions of chief and deputy chief are exempt from civil service status.
25 (c) A chief or deputy chief who is appointed from the certified county fire civil service
26 register shall be returned to the civil service status that he held before his appointment after his
27 appointment expires or terminates.

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




Legislative Review Note
as of 2-10-97 11:56 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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