KRS 75.440: Funds available to recognized and certified fire department -- Rights and

responsibilities of department -- Fire chief.

(1) Only fire departments recognized and certified by the commission shall be eligible

to receive volunteer fire department aid pursuant to KRS 95A.262(2), to receive low

interest loans pursuant to KRS 95A.262(14), or to participate in the Professional

Firefighters Foundation Program, pursuant to KRS 95A.200 to 95A.290.

(2) A fire department created pursuant to KRS Chapter 273 which ha s been recognized

and certified by the commission shall have the following rights and responsibilities:

(a) Designation as the only fire department authorized to protect property within

its geographic area as filed with the commission and the county clerk, but the

department may seek the assistance of other departments, and may make

reciprocal aid contracts pursuant to KRS 75.050;

(b) Authority to secure water immediately for purposes of fighting a fire from any

source, public or private. Upon request, the department shall compensate the

owner in a reasonable amount for water used within six (6) months of use; and

(c) All rights identified in the Kentucky Revised Statutes for fire departments.

(3) The officers and firefighters, whether paid or unpaid, of eac h fire department

created pursuant to KRS Chapter 273 and recognized and certified by the

commission shall select a chief. The appointment of the chief shall be subject to the

approval of the governing board of the department. The chief shall establish a c hain

of command within the department. The chief, or the highest person available in the

chain of command if the chief cannot be present, shall, subject to all state statutes as

applicable, have the following rights and responsibilities:

(a) Authority to o rder the immediate evacuation of areas endangered by fire, a

hazardous materials incident, or other impending disaster that constitutes a

threat to life or property;

(b) Authority to be in charge of all fire ground operations at the scene of a fire or

other emergency;

(c) Control of all department personnel while on duty; and

(d) Control of all equipment of the department.

(4) The chief of each fire department created pursuant to KRS Chapter 273 and

recognized and certified by the commission shall perform n ecessary actions to

maintain recognition and certification of the department by the commission.