{"data":{"id":"us-ok/okla.-stat.-tit.-19-19-351","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 19, § 19-351","heading":"Organization of county fire departments - Participation in","body":"Oklahoma Firefighters Pension and Retirement System - Code of\n\nminimum rules and regulations - Funds required to be maintained.\n\nA. The board of county commissioners of each county of this\n\nstate is hereby authorized to provide firefighting service in the\n\ncounty and for such purpose to use county funds to rent, lease or\n\npurchase firefighting equipment and to rent or construct and equip\n\nand operate fire stations and to employ necessary personnel to\n\nprovide such service. The board of county commissioners shall also\n\nhave the authority to determine and collect charges for firefighting\n\nservices performed by the county from any person to whom such\n\nservices are provided.\n\nB. The board of county commissioners of each county of this\n\nstate shall have the power to take by grant, purchase, gift, devise\n\nor lease, and to dispose of, any real property for the purpose of\n\nacquiring right-of-ways and easements necessary in providing\n\nfirefighting services to the county, including the construction and\n\nmaintenance of roads and the installation of dry hydrants. The\n\nboard may use county funds and equipment to construct and maintain\n\nsuch roads and to install such dry hydrants. Provided, nothing in\n\nthis subsection shall be construed to prohibit the installation of\n\ndry hydrants on privately owned property by the owner thereof at the\n\nexpense of the owner.\n\nC. The board of county commissioners of each county of this\n\nstate shall have the authority to use county personnel operating\n\ncounty equipment to fight fires in situations where an emergency is\n\ndetermined to exist, provided the firefighting service is requested\n\nby the county civil defense director or upon a request of a rural\n\nfire department.\n\nD. 1. A corporate fire department organized pursuant to the\n\nprovisions of Section 592 of Title 18 of the Oklahoma Statutes or a\n\ncounty fire department organized pursuant to the provisions of\n\nsubsection A of this section may petition the board of county\n\ncommissioners of the county in which the fire department provides\n\nprotection to convert to a county fire department organized pursuant\n\nto the provisions of this subsection. The petition shall set forth\n\nand particularly describe the proposed boundaries of such county\n\nfire department and shall be accompanied by a map of such proposed\n\nfire department, drawn to a scale of not less than one (1) inch to a\n\nmile. The petition shall also set forth the administration, control\n\nand ownership of all the corporate fire department's assets in the\n\nevent such petition is approved. Such petition shall be filed with\n\nthe county clerk of such county who shall present it to the board of\n\ncounty commissioners at their next regular or special meeting. Upon\n\npresentation of such petition, the board of county commissioners\n\nshall set the same for hearing at a time not less than twenty (20)\n\ndays nor more than forty (40) days from the date of presentation and\n\nshall direct the county clerk to give notice of such hearing by\n\npublication in a newspaper of general circulation in the county in\n\nwhich the proposed county fire department is located. Such notice\n\nshall describe the boundaries of the proposed county fire\n\ndepartment, shall state the time and place of the hearing, and shall\n\nstate that any person may appear and protest the organization of the\n\ncounty fire department or the proposed boundaries thereof. The\n\nboard of county commissioners shall hold the hearing described in\n\nsaid notice, and it shall have jurisdiction to hear and determine\n\nall protests to the creation of such county fire department and all\n\nmatters pertaining to the same. It may amend the plan of such\n\nproposed county fire department by excluding from within its\n\nboundaries any lands which it may deem will not be benefited by the\n\nformation of such county fire department, or by including other\n\nlands as a part thereof upon application of the owners of such land;\nne\n\nall protests to the creation of such county fire department and all\n\nmatters pertaining to the same. It may amend the plan of such\n\nproposed county fire department by excluding from within its\n\nboundaries any lands which it may deem will not be benefited by the\n\nformation of such county fire department, or by including other\n\nlands as a part thereof upon application of the owners of such land;\n\nprovided, however, it shall not exclude from such district any\n\nunincorporated lands which are completely surrounded by lands which\n\nare included in the proposed county fire department. If the board\n\nof county commissioners determines that the conversion of such\n\ncorporate fire department to a county fire department will be\n\nconducive to the public safety of the affected area therein, then\n\nsaid board shall give such proposed county fire department a name\n\nand shall authorize and approve the organization of said county fire\n\ndepartment.\n\n2. To be eligible to convert to a county fire department formed\n\npursuant to this subsection, a fire department shall have a Public\n\nProtection Classification of nine (9) or better from ISO Commercial\n\nRisk Services, Inc., limit the size of such volunteer county fire\n\ndepartment to not less than six or more than twenty members per fire\n\nstation, and shall be subject to the laws of the State of Oklahoma\n\nregarding the administration and operation of a fire department,\n\nincluding, but not limited to, the laws of the State Department of\n\nLabor and the State Fire Marshal Commission. For purposes of this\n\nsubsection, a volunteer fire department is one which has in its\n\nemploy not more than two full-time salaried firefighters.\n\n3. Directors of a county fire department organized pursuant to\n\nthis subsection shall be residents of said district. At the time of\n\nmaking its order organizing such county fire department, the board\n\nof county commissioners shall appoint five directors, one of which\n\nshall hold his or her respective office for a term of five (5)\n\nyears, one of which shall hold his or her respective office for a\n\nterm of four (4) years, one of which shall hold his or her\n\nrespective office for a term of three (3) years, one of which shall\n\nhold his or her respective office for a term of two (2) years, and\n\none of which shall hold his or her respective office for a term of\n\none (1) year. On or before January 1, 2002, the board of county\n\ncommissioners shall, for fire departments which operate more than\n\nfive fire stations, appoint additional directors of a county fire\n\ndepartment until the number of directors equals the number of fire\n\nstations operated by that county fire department. Each additional\n\ndirector shall be appointed by the board of county commissioners for\n\na term that matches the term of one of the first five directors\n\nappointed. Whenever a new fire station is added to a county fire\n\ndepartment which has five or more fire stations, the board of county\n\ncommissioners shall appoint an additional director from that\n\ndistrict in which the new fire station has been added. Each year\n\nthereafter, there shall be appointed by the board of county\n\ncommissioners for a term of five (5) years so many members as are\n\nnecessary to replace all members whose terms are expiring on the\n\nboard of directors for such county fire department.\n\n4. The board of directors of a county fire department organized\n\npursuant to this subsection shall select one of its members to serve\n\nas chair and shall appoint a clerk and a treasurer. The board of\n\ndirectors shall fix the term and duties of the chair, clerk and\n\ntreasurer. The chair and members of the board of directors shall\n\nserve without compensation. The treasurer shall give an official\n\nbond, in an amount fixed and with sureties approved by the board of\n\ncounty commissioners, conditioned upon the faithful accounting for\n\nall money pertaining to the county fire department and coming into\ndirectors shall fix the term and duties of the chair, clerk and\n\ntreasurer. The chair and members of the board of directors shall\n\nserve without compensation. The treasurer shall give an official\n\nbond, in an amount fixed and with sureties approved by the board of\n\ncounty commissioners, conditioned upon the faithful accounting for\n\nall money pertaining to the county fire department and coming into\n\nhis or her hands.\n\n5. The board of directors of a county fire department organized\n\npursuant to this subsection shall have the following powers and\n\nduties:\n\na. to manage and conduct the business affairs of such\n\ncounty fire department,\n\nb. to make and execute all necessary contracts,\n\nc. to purchase or lease-purchase and maintain all\n\nnecessary and convenient engines, hoses, hose carts or\n\nother appliances and supplies for the full equipment\n\nof a fire company or department from available funds,\n\nd. to appoint the fire chief, fire company officers and\n\nemployees (whether paid or volunteer), sufficient to\n\nmaintain and operate the equipment owned by the county\n\nfire department,\n\ne. to take by grant, purchase, gift, devise or lease, and\n\nto dispose of real or personal property of every kind\n\nnecessary for the operation of the county fire\n\ndepartment,\n\nf. to construct or otherwise acquire from available funds\n\nsuitable firehouses and other buildings or structures\n\nsuitable for the housing of equipment and supplies of\n\nthe county fire department, or for carrying on its own\n\nbusiness and affairs,\n\ng. to employ such officers and employees as may be\n\nrequired from available funds, fix their compensation\n\nand prescribe their duties,\n\nh. to establish rules for such county fire department and\n\nfor the prevention of fires and conflagrations within\n\nthe department's boundaries and for the protection of\n\nproperty at and during any fire,\n\ni. to do any and all other things necessary and proper in\n\nthe management and operation of the county fire\n\ndepartment for the purpose of protecting property\n\nwithin its boundaries from fire, and\n\nj. to prepare an annual budget and follow existing laws\n\npertaining to the budget process such as public\n\nnotice, public hearings, protest periods and filing\n\nrequirements in the same manner as they apply to other\n\nforms of government in Oklahoma.\n\n6. The board of directors of a county fire department organized\n\npursuant to this subsection may submit an application to include the\n\nfirefighters of such county fire department in the Oklahoma\n\nFirefighters Pension and Retirement System. The application for\n\nparticipation in the Oklahoma Firefighters Pension and Retirement\n\nSystem shall be submitted in accordance with subsection A of Section\n\n49-105.2 of Title 11 of the Oklahoma Statutes. For purposes of\n\ncomplying with Sections 49-103 and 49-104 of Title 11 of the\n\nOklahoma Statutes, the chair, clerk and treasurer of the board of\n\ndirectors of the county fire department shall serve on the local\n\nfirefighters pension and retirement board along with three\n\nfirefighters of such county fire department elected by the members\n\nof the county fire department. The chair of the board of directors\n\nof the county fire department shall be the chair of the local board\n\nof the county fire department and the clerk of the board of\n\ndirectors of the county fire department shall be the secretary of\n\nthe local board of the county fire department. The chair of the\n\nlocal board of the county fire department shall have a casting vote\n\nwith the members of the local board of the county fire department\n\nonly when necessary to avoid a tie vote. The local board of the\n\ncounty fire department shall promulgate such rules as may be\n\nnecessary to ensure the orderly conduct of a local board meeting.\n\nWhile participating in the Oklahoma Firefighters Pension and\n\nRetirement System, the board of directors, local board and fire\ncasting vote\n\nwith the members of the local board of the county fire department\n\nonly when necessary to avoid a tie vote. The local board of the\n\ncounty fire department shall promulgate such rules as may be\n\nnecessary to ensure the orderly conduct of a local board meeting.\n\nWhile participating in the Oklahoma Firefighters Pension and\n\nRetirement System, the board of directors, local board and fire\n\nchief of the county fire department shall perform all administrative\n\nrequirements of the pension system.\n\n7. Any board of directors of a county fire department organized\n\npursuant to this subsection having volunteers enrolled as members of\n\nsuch county fire department shall adopt a code of minimum rules and\n\nregulations in substantial compliance with the following:\n\na. Fire chief.\n\n(1) The fire chief shall be at the head of the\n\ndepartment, subject to the laws of the State of\n\nOklahoma, rules of the board of directors, and\n\nthe rules and regulations herein adopted.\n\n(2) The fire chief shall be held responsible for the\n\ngeneral condition and efficient operation of the\n\ndepartment, the training of members, and the\n\nperformance of all other duties imposed upon him\n\nor her by law or the board of directors.\n\n(3) The fire chief may inspect or cause to be\n\ninspected by members of the department, the fire\n\nhydrants, cisterns and other sources of water\n\nsupply at least twice a year.\n\n(4) The fire chief shall maintain a library or file\n\nof publications on fire prevention and fire\n\nprotection and shall make use of the library or\n\nfile to the best advantage of all members.\n\n(5) The fire chief shall make every effort to attend\n\nall fires and direct the officers and members of\n\nthe fire department in the performance of their\n\nduties.\n\n(6) The fire chief shall see that the citizens are\n\nkept informed on fire hazards within the\n\nboundaries of the department and on the\n\nactivities of the department.\n\n(7) The fire chief shall see that each fire is\n\ncarefully investigated to determine its cause,\n\nand in the case of suspicion of incendiarism\n\nshall notify proper authorities. The fire chief\n\nshall secure and preserve all possible evidence\n\nfor future use in the case of a suspicious\n\nincendiarism.\n\n(8) The fire chief shall file the appropriate\n\nactivity report forms with the Office of the\n\nState Fire Marshal in Oklahoma City on an annual\n\nbasis. The activity report forms shall be\n\ndesigned by the State Fire Marshal and shall\n\ninclude, but not be limited to, the amount of\n\nproperty and vehicle fire loss, types of fires,\n\ninspections and investigations. The report shall\n\ninclude notification of all fire-related civilian\n\ndeaths and injuries in the respective\n\njurisdiction and of firefighter deaths in the\n\nline of duty and of firefighter injuries in the\n\nline of duty requiring the services of a hospital\n\nor physician or both.\n\nb. Assistant fire chief.\n\nIn the absence of the fire chief, the assistant fire\n\nchief on duty shall command the department and be held\n\nresponsible therefore in all respects with the full\n\npowers and responsibilities of the fire chief.\n\nc. Company officers.\n\nThe company officers shall be selected upon their\n\nability to meet the following requirements:\n\n(1) their knowledge of firefighting,\n\n(2) their leadership ability, and\n\n(3) their knowledge of firefighting equipment.\n\nd. Secretary-treasurer.\n\nOne member elected by the fire department shall be\n\nsecretary-treasurer. His or her duties shall consist\n\nof the following:\n\n(1) calling the roll at the opening of each meeting,\n\n(2) keeping the minutes of each meeting, and\n\n(3) collecting any money due the department by the\n\nmembers.\n\ne. New members.\nleadership ability, and\n\n(3) their knowledge of firefighting equipment.\n\nd. Secretary-treasurer.\n\nOne member elected by the fire department shall be\n\nsecretary-treasurer. His or her duties shall consist\n\nof the following:\n\n(1) calling the roll at the opening of each meeting,\n\n(2) keeping the minutes of each meeting, and\n\n(3) collecting any money due the department by the\n\nmembers.\n\ne. New members.\n\n(1) An applicant of a participating county fire\n\ndepartment of the Oklahoma Firefighters Pension\n\nand Retirement System shall meet the membership\n\nrequirements of the Oklahoma Firefighters Pension\n\nand Retirement System before he or she may be\n\nappointed as a new member of the county fire\n\ndepartment.\n\n(2) A new member shall be on probation for one (1)\n\nyear after his or her appointment.\n\n(3) A new member of a participating county fire\n\ndepartment of the Oklahoma Firefighters Pension\n\nand Retirement System shall be immediately\n\nenrolled as a member of the Oklahoma Firefighters\n\nPension and Retirement System regardless of\n\nwhether such member has completed his or her\n\nprobation period.\n\n(4) The majority of the fire department members must\n\napprove new volunteer members upon completion of\n\ntheir probation period.\n\nf. Bylaws.\n\nThe bylaws of the department shall include:\n\n(1) All volunteer firefighters are required, when\n\nnotified, to respond to fire alarms and other\n\nemergencies.\n\n(2) A volunteer firefighter is required to be present\n\nat all regular meetings, call meetings and\n\nschools presented for the benefit of the\n\nfirefighters.\n\n(3) There shall be at least one regular business\n\nmeeting each month.\n\n(4) Any volunteer firefighter having two unexcused\n\nabsences in succession or three unexcused\n\nabsences in a period of three (3) months will be\n\ndropped from the fire department rolls.\n\n(5) Volunteer firefighters leaving the boundaries of\n\nthe department for an extended period of time\n\nwill be required to notify the fire chief.\n\n(6) Any volunteer firefighter refusing to attend\n\ntraining classes provided for him or her will be\n\ndropped from the fire department rolls.\n\n(7) Any volunteer member of the fire department shall\n\nbe dropped from the fire department rolls for the\n\nfollowing offenses:\n\n(a) conduct unbecoming a firefighter,\n\n(b) any act of insubordination,\n\n(c) neglect of duty,\n\n(d) any violation of rules and regulations\n\ngoverning the fire department, or\n\n(e) conviction of a felony.\n\n8. a. A county fire department organized pursuant to the\n\nprovisions of this subsection shall maintain,\n\naccording to its own accounting needs, some or all of\n\nthe funds and account groups in its system of accounts\n\nthat are consistent with legal and operating\n\nrequirements and as prescribed by the State Auditor\n\nand Inspector. The required funds may include, but\n\nnot be limited to:\n\n(1) a general fund, to account for all monies\n\nreceived and disbursed for general department\n\npurposes, including all assets, liabilities,\n\nreserves, fund balances, revenues and\n\nexpenditures which are not accounted for in any\n\nother fund or special ledger account,\n\n(2) special revenue funds, as required, to account\n\nfor the proceeds of specific revenue sources that\n\nare restricted by law to expenditures for\n\nspecific purposes,\n\n(3) a capital improvement fund, to account for\n\nfinancial resources segregated for acquisition,\n\nconstruction or other improvement related to\n\ncapital facilities, and\n\n2) special revenue funds, as required, to account\n\nfor the proceeds of specific revenue sources that\n\nare restricted by law to expenditures for\n\nspecific purposes,\n\n(3) a capital improvement fund, to account for\n\nfinancial resources segregated for acquisition,\n\nconstruction or other improvement related to\n\ncapital facilities, and\n\n(4) a ledger or group of accounts in which to record\n\nthe details relating to the general fixed assets\n\nof the county or department.\n\nb. Funds raised by a nonprofit organization for the\n\npurpose of supporting the fire protection services of\n\na county fire department organized pursuant to the\n\nprovisions of this subsection, whether such funds were\n\nraised before or after a corporate fire department\n\nconverts to a county fire department, shall not be\n\ncommingled with public funds and shall be used only\n\nfor designated benevolent or charitable purposes,\n\nincluding, but not limited to, fire protection\n\npurposes.\n\nc. No expenditure may be authorized or made by any\n\nemployee or member of the board of directors of a\n\ncounty fire department organized pursuant to the\n\nprovisions of this subsection which exceeds any fund\n\nbalance of any fund of the budget as adopted or\n\namended or which exceeds the appropriation for any\n\nfund of the budget as adopted or amended. Any balance\n\nremaining in a fund at the end of the budget year\n\nshall be carried forward to the credit of the fund for\n\nthe next budget year. It shall be unlawful for any\n\nemployee or member of the board of directors of a\n\ncounty fire department organized pursuant to the\n\nprovisions of this subsection in any budget year to\n\ncreate or authorize creation of a deficit in any fund.","path":["OK Code","Title 19"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os19.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2a76399e2671b980e982b850c040e16d0635d3f2358bd596a7cfc8beed1d97c4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-19-19-350","next":"us-ok/okla.-stat.-tit.-19-19-351.1"},"notice":"GroundRules: Original legal text. Not legal advice."}