Chapter 4. Fire and Emergency Services Department.
Subchapter I. General.
§ 5–401. Area of service; division of District into fire companies; pre-hospital care and services; approval required for major changes in manner of fire protection.
(a) The Fire and Emergency Medical Services Department (“Department”) shall provide fire prevention and fire protection within the geographical boundaries of the District of Columbia. The District shall be divided into such fire companies, and other units as the Council of the District of Columbia may from time to time direct. Major changes in the manner the Department provides fire protection and fire prevention shall be approved by act of the Council.
(b)(1) The Department shall provide pre-hospital medical care and transport within the geographical boundaries of the District of Columbia. Major changes in the manner the Department provides emergency medical services shall be approved by act of the Council.
(2) Notwithstanding paragraph (1) of this subsection, the Department may contract with third parties to provide supplemental pre-hospital medical care and transportation to persons requiring Basic Life Support.
(3) A contract entered into pursuant to paragraph (2) of this subsection shall include a provision that precludes the District from liability for any claims arising out of the actions of the third-party contractor and also provides full indemnification to ensure that the District shall not be responsible for any amounts owed to others as a result of the third-party contractor's action or inaction under the contract.
(b-1) The Department shall establish a community cardiopulmonary resuscitation program to conduct cardiopulmonary resuscitation training and emergency medical application training for District residents and employees within the following District facilities:
(1) District of Columbia Public Schools;
(2) District of Columbia Public Charter Schools;
(3) District of Columbia Department of Parks and Recreation facilities; and
(4) Any other District of Columbia government buildings.
(c) Repealed.
(d) Each third-party contractor that enters into a contract pursuant to subsection (b)(2) of this section shall provide an annual report to the Department and to the Council that includes the following information:
(1) The number of transports performed;
(2) The average time between the dispatch of the third-party contractor by the Department and the third-party contractor's arrival to the patient;
(3) Repealed.
(4) The average transport time from the location where the third-party contractor meets each patient to the healthcare facility to which the patient is transported;
(5) Repealed.
(6) Repealed.
(7) The range of third-party contractor ambulances available for Department use throughout a 24-hour period;
(8) The length of the third-party contractor's personnel shifts;
(9) The number of employees hired by the third-party contractor and their residency; and
(10) The number of patients who used the third-party contractor's services twice or more times during the reporting period, including the number of times the patient used the services during the previous 12 months.
(11) Repealed.
(12) Repealed.
(e) Repealed.
(e-1) No later than January 31 of each year, the Mayor shall provide to the Council a report that includes the following information for the previous fiscal year:
(1) The number of calls dispatched;
(2) The number of patients transported via Department Basic Life Support, Advanced Life Support, and by the third-party contractor;
(3) The average hospital drop time per month that the Department's and the third-party contractor's ambulances remained out of service while waiting to transfer the care of a patient to a healthcare facility;
(4) The number of patients who used the Department's transport service twice or more during the reporting period, including the number of times the patient used transport services during the previous 12 months;
(5) The number of total in-service training hours provided to Department uniformed employees;
(6) In-service time or uptime data for Department ambulances, engines, and ladder trucks;
(7) Aggregate Department response time data;
(8) Aggregate patient care and outcomes data;
(9) Changes to protocols or policies to reroute non-emergency calls;
(10) An assessment of the number of units, the number of personnel, the amount of training, and associated costs required to provide pre-hospital medical care and transportation without the use of third parties; and
(11) Other key performance indicators and workload measures as appropriate.
(f) Repealed.
(g) Repealed.
(h) For the purposes of this section, the term:
(1) "Advanced life support" means a level of medical care provided by pre-hospital emergency medical services at the paramedic level and in accordance with the national scope of practice for an advanced level provider.
(1A) "Basic Life Support" means a level of medical care provided by pre-hospital emergency medical services at the basic emergency response technician level and in accordance with the national scope of practice for a basic level provider.
(2) "Patient care report" means a paper or electronic document that details the patient's pre-hospital status and condition and medication administered by a member of the Department or third-party contractor, from the time of the emergency call to the handover of the patient to a healthcare facility.
§ 5–401.01. State safety oversight agency for DC Streetcar. [Repealed]
Repealed.
§ 5–401.02. Public duty doctrine.
The Council ratifies the interpretation and application of the public duty doctrine by the District of Columbia Court of Appeals up through the decision of September 25, 2014, in Allen v. District of Columbia, No. 10-CV-1425, and extends the public duty doctrine to claims against the District for the actions of contractors and their employees providing services pursuant to § 5-401 to the same extent as it applies to claims against the District for the actions of the District and its employees.
§ 5–402. Appointments and promotions covered by civil service; selection of Fire Chief and Deputy Fire Chiefs; original appointment and transfer of privates; vacancies.
(a) The Mayor of the District of Columbia shall appoint, assign to such duty or duties as he may prescribe, promote, reduce, fine, suspend, with or without pay, and remove all officers and members of the Fire Department of the District of Columbia; provided further, that all officers, members, and civilian employees of such Department, except the Fire Chief and Deputy Fire Chiefs, shall be appointed and promoted in accordance with the provisions of §§ 1101 to 1103, 1105, 1301 to 1303, 1307, 1308, 2102, 2951, 3302 to 3306, 3318, 3319, 3321, 3361, 7202, 7321, 7322, and 7352 of Title 5, United States Code, and the rules and regulations made in pursuance thereof, in the same manner as members of the classified civil service of the United States, except as herein otherwise provided; provided further, that the Deputy Fire Chiefs shall be selected from among the battalion fire chiefs, the Fire Marshal, and the superintendent of machinery; provided further, that all original appointments of privates shall be made to class 1, privates who have served 1 year in class 1 shall, if found efficient, be transferred to class 2, and privates who have served 2 years in class 2 shall, if found efficient, be transferred to class 3. Such transfers shall not be subject to the provisions of said sections of Title 5, United States Code, and the rules and regulations made in pursuance thereof. Whenever vacancies occur in class 2 or 3 which cannot be filled by such transfers, the Mayor may appoint additional privates in class 1 equal in number to the positions vacant in class 2 or 3; and any moneys appropriated for the payment of the salaries for such vacant positions shall be available to pay to such additional privates of class 1 the salaries of their grade.
(a-1)(1) The Mayor shall appoint the Fire Chief, with the advice and consent of the Council, pursuant to § 1-523.01(a).
(2) The Fire Chief may be selected for appointment from among the ranks of officers and members of the Fire and Emergency Medical Services Department, or from outside the department.
(3) A person selected for appointment as Fire Chief from outside the department shall be paid from the DX Schedule for subordinate agency head positions pursuant to § 1-610.52 and, unless otherwise provided by law, shall be eligible to receive retirement and other benefits as prescribed in subchapter X-A of Chapter 6 of Title 1 [§ 1-610.51 et seq.].
(4) A person selected for appointment as Fire Chief from among the ranks of officers and members of the department shall be paid from the DX Schedule for subordinate agency head positions pursuant to § 1-610.52 and, unless otherwise provided by law, shall be subject to the retirement provisions for officers and members of the Fire and Emergency Medical Services Department.
(b)(1) [For applicability of (b), see Editor’s notes.] The Fire Chief shall recommend to the Director of Personnel criteria for Career Service promotions and Excepted Service appointments to Assistant Fire Chief, Deputy Fire Chief, and Battalion Fire Chief that address the areas of education, experience, physical fitness, and psychological fitness. The recommended criteria shall be the same for Career Service promotions and Excepted Service appointments to these positions. When establishing the criteria, the Fire Chief shall review national standards, such as the National Fire Protection Association’s Standard on Fire Officer Professional Qualifications.
(2) All candidates for the position of Battalion Fire Chief and Deputy Fire Chief shall be of good standing with no disciplinary action pending or administered resulting in more than a 14-day suspension or termination within the past 3 years.
(3) Members of the Fire and Emergency Medical Services Department appointed pursuant to this subsection shall be returned to the immediate previous civil service rank, or to the rank of Captain, when the Mayor so determines.
§ 5–403. Age limits in original appointments.
The Council of the District of Columbia is hereby authorized to determine and fix the minimum and maximum limits of age within which original appointments to the Fire Department may be made.
§ 5–404. Composition; 2-platoon system; services of veterinary surgeon; attendance by police surgeon.
The Fire Department of the District of Columbia shall be composed of and operated upon a 2-platoon system and the personnel thereof shall consist of 1 Fire Chief; such number of Deputy Fire Chiefs, all of whom shall have had at least 5 years of experience in some regularly organized municipal fire department, and battalion fire chiefs as said Mayor of the District of Columbia may deem necessary from time to time within the appropriations made by Congress; 1 fire marshal; such number of deputy fire marshals, inspectors, and clerks as said Mayor may deem necessary from time to time within the appropriations made by Congress; such number of captains, lieutenants, and sergeants as said Mayor may deem necessary from time to time within the appropriations made by Congress; 1 superintendent of machinery; and such number of assistant superintendents of machinery, pilots, marine engineers, assistant marine engineers, marine firemen, privates of class 6, privates of class 5, privates of class 4, privates of class 3, privates of class 2, privates of class 1, hostlers, and laborers as said Mayor may deem necessary from time to time within the appropriations made by Congress; provided, that the Fire Chief of the Fire Department of the District of Columbia shall have the right to call for and obtain the services of any veterinary surgeon employed by the District who at the time shall not be engaged in a more emergent veterinary service for the District; provided further, that the police surgeons of said District are required to attend, without charge, the members of the Fire Department of said District, and examine all applicants for appointment to, promotion in, and retirement from said Fire Department.
§ 5–404.01. Medical Director.
(a)(1) The Mayor shall appoint, with the advice and consent of the Council in accordance with paragraph (2) of this subsection, a Medical Director of the Fire and Emergency Medical Services Department (“Department”), who shall hold the rank of Assistant Fire Chief. The Medical Director shall report directly to the Fire Chief, but may be removed only by the Mayor.
(2) Except as provided in paragraph (3) of this subsection, the Mayor shall submit a nomination for Medical Director to the Council for a 90-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the nomination, by resolution, within the 90-day review period, the nomination shall be deemed disapproved.
(3) The Mayor shall not be required to submit to the Council the appointment of the incumbent Medical Director serving as of December 19, 2007.
(b) To be eligible for appointment, the Medical Director shall:
(1) Be a physician licensed to practice medicine in the District of Columbia;
(2) Be board certified in a medical specialty that represents the broad patient base that the Department serves, such as emergency medicine, general surgery, family medicine, or internal medicine; and
(3) Have at least 4 years of substantial experience in emergency medical services, such as experience as a medical director or assistant medical director of emergency medical services, or successful completion of a recognized fellowship in emergency medical services.
(c) The Medical Director shall maintain clinical practice at a District hospital or hold an appointment at an accredited academic medical center within the District.
(c-1) The requirements in subsections (b)(3) and (c) of this section shall not apply to Medical Director Robert Holman, confirmed by the Council pursuant to the Fire and Emergency Medical Services Department Medical Director Robert Holman Confirmation Emergency Resolution of 2017, passed on emergency basis on June 27, 2017 (Res. 22-169; 64 DCR [6277]).
(d) The Medical Director shall:
(1) Provide medical oversight for all aspects of pre-hospital medical services provided by the Department, including:
(A) Written policies, procedures, and protocols for pre-hospital medical care;
(B) Medical training; and
(C) Quality assurance of medical services;
(2) Supervise the administration of pre-hospital medical care; and
(3) Work collaboratively with the Fire Chief, Assistant and Deputy Fire Chiefs, and other personnel in the Department.
(e)(1) The provision of pre-hospital medical care by the Department’s certified emergency medical technicians and paramedics shall be under the license of the Medical Director.
(2) The Medical Director shall not be personally liable for the good-faith performance of the Medical Director’s duties under this act [section] for a death or injury that results from the provision of pre-hospital medical care by the Department’s certified emergency medical technicians or paramedics practicing under the license of the Medical Director unless the death or injury is the result of willful misconduct or gross negligence of the Medical Director.
(f)(1) The Medical Director shall have the authority to order hospital emergency rooms within the District of Columbia not to close to Department transports and to require hospitals and medical providers to accept the transfer of care of a patient or patients within a specified period of time.
(2) The Department may transport patients to a pre-approved clinic or other medical facility that is not a hospital emergency room, appropriate to the patient’s need.
(3) The Medical Director shall have the authority to work directly with the Mayor, the Director of the Department of Health, and other appropriate agencies to develop programs or make written agreements with clinics or other health care providers to receive the Department’s transport of patients.
(4) The Medical Director shall have the authority to work with the District-based hospitals to coordinate pre-hospital medical services with medical research of best practices for delivery of pre-hospital medical care.
§ 5–404.02. Integrated Health Care Task Force.
(a) The Fire and Emergency Medical Services Department shall establish an Integrated Health Care Task Force to study nationally recognized best practices and develop recommendations regarding strategies for reducing EMS call volume, improving EMS delivery, and providing for collaboration between agencies, hospitals, health care organizations, and community-based organizations, as well as strategies to achieve these goals by connecting patients with appropriate health care and social services.
(b) The Task Force shall:
(1) Examine the need for, cost of, and implementation of a pilot community paramedicine program ("program"), including:
(A) Which District agency should manage the program;
(B) Whether the program should be a self-sustaining independent entity that links hospitals, practice pharmacies, community health centers, schools, behavioral health services, public health services, nursing homes, and home health services;
(C) Whether the program should employ case managers who are notified when a patient comes into contact with social service or EMS providers; and
(D) Whether the program should be staffed with Department civilian EMS employees;
(2) Determine the usefulness of advice nurses, tele-medicine, and tele-health techniques;
(3) Examine the need for, cost of, and implementation of transporting EMS patients to destinations other than hospitals;
(4) Make recommendations on how to best educate the community on medical conditions and resources for non-emergency medical conditions, as well as the proper use of 911;
(5) Make recommendations on how to connect repeat users of EMS to effective health care and other services while considering the use of technology and data sharing consistent with the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (110 Stat. 1936; 42 U.S.C. § 1320d, et seq.) ("Act"), and the regulations issued pursuant to the Act;
(6) Make recommendations for the District to provide additional health care resources to meet the needs identified by the Task Force, if the Task Force concludes that such resources are necessary;
(7) Develop reporting requirements, performance measurements, or patient surveys that should be used to evaluate programs recommended by the Task Force; and
(8) Make recommendations for criteria that will enable the District to train and equip members of the Department to provide pediatric care.
(c) The Task Force shall be comprised of the following:
(1) The Department's Medical Director, who shall chair the Task Force;
(2) One representative from a District-based college or university;
(3) Three representatives from organizations for which the primary purpose of the organization is to provide services, education, or outreach to underserved populations with gaps in EMS or health services;
(4) One representative from the District of Columbia Emergency Medical Services Advisory Committee, established by § 7-2341.22;
(5) Two labor representatives, one from each labor organization affiliated with the Department;
(6) One representative from the Department of Aging and Community Living;
(7) One representative from the Department of Health;
(8) One representative from the Department of Health Care Finance;
(9) One representative from the Department of Behavioral Health; and
(10) One representative from the Office of Unified Communications.
(d)(1) By June 30, 2017, the Task Force shall submit a report to the Mayor and to the Council that includes the definition of the issues identified in subsection (a) of this section, an analysis of the data supporting the objective assessments, and recommendations completed pursuant to subsection (b) of this section.
(2) The Task Force shall dissolve after transmitting its report under paragraph (1) of this subsection.
(e) For the purposes of this section, the term:
(1) "Department" means the Fire and Emergency Medical Services Department.
(2) "EMS" means emergency medical services.
(3) "Practice pharmacies" means pharmacies that optimize health outcomes from drug-related treatments, research safe and effective drug use, and develop practices that maximize patient benefit from medications.
(4) "Task Force" means the Integrated Health Care Task Force established pursuant to this section.
§ 5–405. Workweek established; hours of duty; days off duty; holidays.
(a) Beginning with the 1st day of the 1st pay period which begins not less than 120 days after enactment of this amendatory subsection or which begins on or after July 1, 1962, whichever is later, the Mayor of the District of Columbia is authorized and directed to establish a workweek for officers and members of the Firefighting Division of the Fire Department of the District of Columbia which will result in an average workweek of not to exceed 48 hours during an administratively established workweek cycle which the Mayor is hereby authorized to establish from time to time.
(b) The Firefighting Division shall operate under a 2-shift system and all hours of duty of any shift shall be consecutive.
(c) The Mayor of the District of Columbia is further authorized and directed to establish a workweek for officers and members of the Fire Department, other than those in the Firefighting Division, of 40 hours, and the hours of work in such workweek shall be performed on consecutive days in such workweek: Provided, that notwithstanding the provisions of this subsection, the Mayor of the District of Columbia or his designated agent or agents may, whenever the exigencies of the Fire Department require temporary or short-term services of 1 or more officers or members, order such officer, officers, member, or members to perform such services.
(d) The days off duty to which each officer or member of the Fire Department is entitled shall be in addition to his annual leave and sick leave allowed by law. In the case of any shift of the Fire Department beginning on 1 day and extending without a break in continuity into the next day, or in the case of 2 shifts beginning on the same day, the Mayor is authorized to designate the shift which shall be the workday, and the entire shift so designated shall be considered the workday for all pay and leave purposes.
(e) If a holiday shall fall on any day off of any officer or member of the Fire Department, he shall be excused from duty on such other day as is designated by the Mayor of the District of Columbia, and if he is required to be on duty in lieu of such day off, he shall receive compensation for such duty at the rate provided by law for duty performed on a holiday. When any shift of the Fire Department begins on the day before a holiday and extends without a break in continuity into the holiday, or begins on a holiday and extends without a break in continuity into the next day, the Mayor of the District of Columbia is authorized to designate either of such shifts as the holiday workday, and the entire shift so designated shall be considered as the holiday workday for all pay and leave purposes. As used in this subsection, the word “holiday” shall have the same meaning as such word has in § 5-521.02, and as supplemented by § 6103 of Title 5, United States Code.
(f)(1) Except as provided in paragraph (2) of this subsection and in subsection (h) of this section, for Fiscal Years 2011, 2012, 2013, and 2014, no member of the Fire and Emergency Medical Services Department, except for officers, shall work more than 204 hours in 2 consecutive pay periods.
(2) For Fiscal Year 2015, no member of the Fire and Emergency Medical Services Department, except for officers, shall work more than 228 hours in 2 consecutive pay periods.
(g) For fiscal years 2011, 2012, 2013, 2014, and 2015, and except as provided in subsection (h) of this section, no officer or member shall be permitted to earn overtime compensation for overtime work performed in a pay period after that officer or member has received sick leave in the same pay period.
(h) The restrictions in subsections (f) and (g) of this section shall not apply during pay periods 1 and 2 of calendar year 2013.
§ 5–406. Appropriations for uniforms and other equipment.
For furnishing uniforms and all other official equipment prescribed by Department regulations as necessary and requisite in the performance of duty, there is hereby authorized to be appropriated a sum for each member of the Fire Department of the District of Columbia, to be expended subject to rules and regulations to be prescribed by the Mayor of the District of Columbia.
§ 5–407. Resignation without notice; engaging in strike; conspiracy to obstruct operations of Department.
(a) No officer or member of said Fire Department, under penalty of forfeiting the salary or pay which may be due him, shall withdraw or resign, except by permission of the Mayor of the District of Columbia, unless he shall have given the said Mayor 1 month previous notice, in writing, of such intention.
(b) No member of the Fire Department of the District of Columbia shall directly or indirectly engage in any strike of such Department. Upon sufficient proof to the Mayor of the District of Columbia that any member of the Fire Department of the District of Columbia has violated the provisions of this subsection, it shall be the duty of the Mayor of the District of Columbia to immediately discharge such member from the service.
(c) Any member of the Fire Department of the District of Columbia who enters into a conspiracy, combination, or agreement with the purpose of substantially interfering with or obstructing the efficient conduct or operation of the Fire Department of the District of Columbia by a strike or other disturbance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $300 or by imprisonment of not more than 6 months, or by both.
§ 5–408. Firefighting Division — Recording annual and sick leave.
(a) For the purpose of recording annual and sick leave on the hourly basis for officers and members of the Firefighting Division of the Fire Department of the District of Columbia, the workday of any workweek shall be considered to be 12 hours.
(b) For the purposes of recording on an hourly basis annual and sick leave taken by officers and members of the Firefighting Division, the following formula shall be used:
(1) During the day shift of 10 hours, one and two-tenths hours of leave shall be charged for each hour taken;
(2) During the night shift of 14 hours, twelve-fourteenths of an hour of leave shall be charged for each hour taken, calculated to the nearest fractional tenth.
§ 5–409. Firefighting Division — Accruement of annual leave; adjustment of accumulated leave; transfers; maximum accumulations.
(a) In lieu of the annual leave to which officers and members of the Firefighting Division of the Fire Department of the District of Columbia are entitled under the provisions of §§ 6302 to 6305, and 6310 of Title 5, United States Code, such officers and members shall be entitled to annual leave which shall accrue as follows:
(1) Four and eight-tenths hours for each full biweekly pay period in the case of officers and members with less than 3 years service;
(2) Seven and five-tenths hours for each full biweekly pay period in the case of officers and members with 3 but less than 15 years service;
(3) Nine and six-tenths hours for each biweekly pay period in the case of officers and members with 15 years or more service.
(b) Accumulated annual leave to the credit of each officer and member of such Firefighting Division shall be adjusted by applying a four fifths factor so that each officer and member of such Firefighting Division shall be given credit for four fifths of a day of leave for each day of such accumulated annual leave, and thereafter accumulated annual leave credited to him pursuant to §§ 6301 to 6305 and 6307 to 6311 of Title 5, United States Code, shall be similarly adjusted when an officer or member is transferred to the Firefighting Division from another agency or from another division of the Fire Department.
(c) When an officer or member of such Firefighting Division is transferred to another agency or to another division of the Fire Department whose employees are entitled to annual leave with pay pursuant to §§ 6301 to 6305 and 6307 to 6311 of Title 5, United States Code, the reverse of the formula in subsection (b) of this section shall be applied for the purpose of adjusting accumulated annual leave.
(d) For computation on an hourly basis, all adjusted days of annual leave or fractions thereof, as provided in subsections (b) and (c) of this section, and days of sick leave shall be multiplied by 12 to determine the number of hours of annual or sick leave to which each such officer or member of such Firefighting Division shall be entitled, and the number of hours of annual or sick leave shall be divided by 12 to determine the number of days, or fraction thereof, of annual or sick leave to which such officer or member of such Firefighting Division shall be entitled.
(e) Notwithstanding any provision in any other law, the amount of annual leave accumulated on the effective date of this section, if 30 days or more, shall, upon conversion to the new total in accordance with this section, be the maximum accumulation authorized; provided, that if the amount of annual leave accumulated before the conversion is less than 30 days on the effective date of this section, then, after conversion to the new total, leave which is not used shall accumulate for use in succeeding years until it totals no more than 24 days at the beginning of the 1st complete biweekly pay period.
§ 5–409.01. Paramedic and emergency medical technician lateral transfer to Fire and Emergency Medical Services Department.
(a) Notwithstanding any other law or regulation, the Mayor is authorized to provide for the transfer of Fire and Emergency Medical Services Department personnel holding valid certificates as paramedics or emergency medical technicians to be uniformed firefighters.
(1) Transfer shall be to the firefighter step and class with a rate of pay closest to, but not lower than, the rate of pay earned by the employee prior to transfer.
(2) Transferred employees may elect to participate in the District of Columbia Police Officers’ and Fire Fighters’ Retirement Program established pursuant to Chapter 9 of Title 1 [§ 1-901.01 et seq.]. (“Program”).
(3) Transfer is conditioned on the transferred employee meeting the requirements for entry-level firefighters, including meeting established medical standards, undergoing a background check, and successfully completing a physical abilities test and the firefighting training program.
(4) Transferred employees are required to meet citizenship requirements set forth by law or regulation.
(5) Maximum age limitations for appointment shall not apply to transferred employees.
(a-1) Repealed.
(b) The Mayor, pursuant to subchapter I of Chapter 2 of Title 1, may issue rules to implement the provisions of this title [section].
§ 5–410. Restrictions on leaving District; or being absent from duty.
No member of the Fire Department of the District of Columbia shall, unless on leave of absence, go beyond the confines of the District of Columbia, or be absent from duty without permission.
§ 5–411. Extra equipment authorized for volunteer fire organization.
The Mayor of the District of Columbia is authorized to install under such rules and regulations as the Council of the District of Columbia may prescribe, in any suburb of the said District, such extra apparatus and appliances belonging to the Fire Department of the District of Columbia as may, in his opinion, be available for the use of any volunteer fire organization which may be created in such suburb; and such apparatus and appliances shall be maintained in proper condition for service by the purchase of the necessary supplies out of the appropriations provided for the Fire Department of the District of Columbia.
§ 5–412. Use of certain buildings granted.
The right of use and occupancy of the buildings and appurtenances known as the Union, Franklin, Columbia, and Anacostia Engine Houses, granted to the City of Washington for the purposes of the Fire Department, shall continue during the pleasure of Congress so long as used for such purposes.
§ 5–413. Construction of apparatus.
(a) On and after June 29, 1956, the Mayor of the District of Columbia in his discretion may authorize the construction, in whole or in part, of firefighting apparatus in the Fire and Emergency Medical Services Department ("Department")" repair shop.
(b) The Department shall:
(1) Comply with the certification and preventative maintenance requirements of the National Fire Protection Association, NFPA 1911, 2012 edition, or any subsequent edition; and
(2) Beginning October 1, 2019, maintain qualifications of the fleet maintenance staff through organizational and manufacturing training in accordance with National Fire Protection Association, NFPA 1071, 2016 edition, or any subsequent edition.
§ 5–414. Reciprocal agreements for mutual aid; availability of personnel and equipment to federal government; service performed in line of duty.
(a) The Mayor is hereby authorized in his or her discretion to enter into and to renew reciprocal agreements, for such period as he or she deems advisable, with the appropriate county, municipal, and other governmental units in Prince George's and Montgomery Counties, Maryland, and Arlington, Fairfax, and Loudon Counties, Virginia, with the City of Alexandria, Virginia, with the City of Fairfax, Virginia, with the City of Falls Church, Virginia, and with incorporated or unincorporated fire departments, fire companies, and organizations of fire personnel in such counties and cities, in order to establish and carry into effect a plan to provide mutual aid, through the furnishing of firefighting personnel and equipment, by and for the District of Columbia and such counties and cities, for the extinguishment of fires and for the preservation of life and property in emergencies, in the District and in such counties and cities.
(b) The Mayor shall not enter into any such agreement unless the agreement provides that each of the parties to such agreement shall:
(1) Waive any and all claims against all the other parties thereto which may arise out of their activities outside their respective jurisdictions under such agreement; and
(2) Indemnify and save harmless the other parties to such agreement from all claims by 3rd parties for property damage or personal injury which may arise out of the activities of the other parties to such agreement outside their respective jurisdictions under such agreement.
(c) The Mayor may make available to the federal government, the Washington Metropolitan Area Transit Authority, the Metropolitan Washington Council of Governments, and any other local or regional authority or intergovernmental organization, personnel and equipment of the Fire and Emergency Medical Services Department to extinguish fires, and to save lives, on property of the federal government, the Washington Metropolitan Area Transit Authority, the Metropolitan Washington Council of Governments, or another local or regional authority of which the District is a member or intergovernmental organization to which the District or any of its offices or agencies belongs in Prince George's and Montgomery Counties, Maryland; Arlington, Fairfax, and Loudon Counties, Virginia; the City of Alexandria, Virginia; the City of Fairfax, Virginia; and the City of Falls Church, Virginia.
(d) For the purposes of subchapter I of Chapter 7 of this title, service performed by any officer or member of the Fire and Emergency Medical Services Department of the District of Columbia under any mutual-aid agreement entered into by the District pursuant to this section, service performed by any officer or member of the Fire and Emergency Medical Services Department of the District of Columbia at any other city, area, municipality, or other location where they shall have been directed to respond for the purpose of saving lives, extinguishing fires, or preserving property on orders of the Mayor of the District of Columbia or of the Fire Chief of said Fire and Emergency Medical Services Department or his or her acting designee, and service performed under subsection (c) of this section by any such officer or member in extinguishing fires, or saving lives, on property of the federal government, shall be held and considered to be service performed in line of duty.
§ 5–415. Services to District institutions located outside the District.
The Mayor of the District of Columbia is authorized to make provisions and payment for the furnishing of fire prevention and fire protection services to District of Columbia government institutions located outside the District of Columbia.
§ 5–416. Emergency ambulance service fees.
(a) The Mayor, with the approval of the Council by resolution, and after the Council holds a public hearing, may establish from time to time a fee to be charged for transportation services provided by the emergency ambulance service of the Fire and Emergency Medical Services Department (“Department”) in such amount as may be reasonable in consideration of the interests of the public and the persons required to pay the fee, and in consideration of the approximate cost of furnishing such services; provided, that no one shall be denied the services because of inability to pay and further provided that no one shall be questioned about ability to pay at the time the services are requested.
(b)(1) A health care facility shall reimburse the Department for the cost of emergency ambulance services, as determined under subsection (a) of this section, incurred by a patient resident of the health care facility if the health care facility requests ambulance transport services from the Department and the patient’s healthcare insurance denies payment for the ambulance transport after a determination that the transportation did not meet the medical necessity standard as provided in § 410.40(d) of Title 42 of the Code of Federal Regulations.
(2) Repealed.
(c)(1) There is established as a special fund the Fire and Emergency Medical Services Department EMS Reform Fund ("Fund"), which shall be administered by the Fire and Emergency Medical Services Department in accordance with paragraph (3) of this subsection.
(2) Non-Medicaid revenue generated by fees authorized in subsection (a) of this section and § 31-2802(a)(2), in excess of the amount of Medicaid and non-Medicaid revenue generated by fees authorized in subsection (a) of this section and § 31-2802(a)(2), in Fiscal Year 2016, shall be deposited in the Fund.
(3) The Fund shall be used for the purpose of reform and improvement of the delivery of emergency medical services in the District of Columbia.
(4)(A) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(B) Subject to authorization in an approved budget and financial plan, any funds appropriated into the Fund shall be continually available without regard to fiscal year limitation.
(d) Fees charged for pre-hospital medical care and transport services shall be set as follows:
(1) For the transportation of each patient in an advanced life support unit or basic life support unit, when advanced life support or basic life support, respectively, is administered to the patient being transported, no more than:
(A) $750, beginning January 1, 2021;
(B) $1,000, beginning January 1, 2022;
(C) $1,250, beginning January 1, 2023;
(D) $1,500, beginning January 1, 2024;
(E) $1,750, beginning January 1, 2025; and
(F) $2,000, beginning January 1, 2026; and
(2) For each patient transported as described in paragraph (1) of this subsection, an additional fee for each mile, or fraction thereof, that the patient is transported by ambulance, no more than:
(A) $11.25, beginning January 1, 2021;
(B) $15, beginning January 1, 2022;
(C) $18.75, beginning January 1, 2023;
(D) $22.50, beginning January 1, 2024;
(E) $26.25, beginning January 1, 2025; and
(F) $30, beginning January 1, 2026.
(e) For the purposes of this section, the term:
(1) "Advanced life support unit" means an ambulance staffed by an emergency medical technician and an emergency medical technician intermediate or paramedic.
(2) "Ambulance" means any privately or publicly owned vehicle specially designed, constructed, modified, or equipped for use as a means for transporting patients in a medical emergency, or any privately or publicly owned vehicle that is advertised, marked, or in any way held out as a vehicle for the transportation of patients in a medical emergency. The term "ambulance" includes vehicles capable of operation over ground, on water, and in air.
(3) "Basic life support unit" means an ambulance staffed by 2 emergency medical technicians, or an emergency medical technician and an emergency medical technician intermediate or paramedic.
(4) "Health care facility" shall have the same meaning as provided in § 44-1051.02(5).
§ 5–417. Arson reporting.
(a) If the Fire Marshal or any agency empowered to investigate the cause of, or circumstances attendant upon, a fire loss involving real or personal property within the District of Columbia or empowered to institute criminal prosecutions for criminal acts causing, or related to, a fire loss has reason to believe that a fire was caused by other than accidental means, the Fire Marshal or such authorized agency may require, by written demand, any insurer investigating a fire loss to release any relevant information in its possession relating to that fire loss. Relevant information may include, but is not limited to:
(1) The insurance policy in force;
(2) Applications for an insurance policy;
(3) The premium payments record;
(4) The history of previous claims made; and
(5) Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence relevant to the investigation.
(b) Whenever an insurer has reason to believe that a fire loss in which it has an interest may have been caused by other than accidental means, the insurer shall, for the purpose of having the fire loss investigated, notify the Fire Marshal or an authorized agency in writing and furnish the Fire Marshal or such agency with all relevant information acquired during its investigation of the fire loss.
(c) No insurer (or person acting on behalf of an insurer) who in good faith furnished information pursuant to subsection (a) or (b) of this section shall be liable therefor.
(d) Any information or evidence furnished pursuant to subsection (a) or (b) of this section shall be held in confidence by and among the Fire Marshal and authorized agencies, except that such information or evidence may be released in a criminal or civil proceeding in accordance with applicable court rules.
(e) Whoever shall knowingly: (1) refuse to release any information requested pursuant to subsection (a) of this section; (2) fail to notify or supply information to the Fire Marshal or an authorized agency pursuant to subsection (b) of this section; or (3) fail to hold in confidence information required to be held in confidence in accordance with the provisions of subsection (d) of this section shall be fined not more than $10,000.
§ 5–417.01. Fire and arson investigation — Authority generally; authority to enter and examine; arrest and warrant powers.
(a) The Fire Chief, the Fire Marshal, and his authorized representative shall have the authority to investigate the cause, origin, and circumstances of every fire, explosion, or hazardous materials emergency in which the Fire Department has a reasonable interest. When the Fire Chief, the Fire Marshal, or his authorized representative has reason to believe that a fire, explosion, or hazardous materials incident may be the result of a violation of any law, he shall immediately take custody of and safeguard all physical evidence in connection therewith, and shall have the authority to prohibit the disturbance or removal of any material, substance, device, or utility in, or upon, any building or property where the emergency occurred until such time as the investigation of the incident is complete; provided, however, that the Metropolitan Police Department shall be the primary investigative agency in fires, explosions, and hazardous materials incidents involving critical injury, death, or assaults with intent to kill.
(b) The Fire Chief, the Fire Marshal, or his authorized representative shall have the authority at all times, in performance of the duties imposed by the provisions of this section, to enter upon or examine any area, building or premises, vehicle or other thing when there is probable cause to believe that fires or attempts to cause fires exist or which at the time are burning. He shall have the authority to enter, at any time, any building or property adjacent to that on which the fire or attempt to cause fires occurred, should he deem it necessary in the proper discharge of his duties, and may, at his discretion, take full control and custody of such buildings and premises and place such person in charge thereof as he may deem proper until his examination and investigation shall be complete.
(c) The Fire Marshal and such other personnel, as are designated in writing by the Fire Chief, shall have and exercise and are hereby invested with, the same general police powers including arrest powers as regular members of the Metropolitan Police Department for the express purpose of enforcing the fire safety laws in effect in the District of Columbia, including, but not limited to, this section. This power shall extend to any arrest, the securing of warrants pursuant to Chapter 5 of Title 23, or other lawful action necessary to permit the peaceful completion of any lawful action by the Fire Department; provided, that the Fire Marshall and other designated arson investigators, shall have successfully completed a course of training in the safe handling of firearms and the use of deadly force, and each person shall be qualified to use a firearm according to the standards applicable to officers of the Metropolitan Police Department. The employee may not carry a firearm in the course of official duties unless designated by the Fire Chief in writing as having the authority to carry a firearm. The Fire Chief shall issue written guidelines pertaining to the authority to carry firearms, the appropriate use of firearms, firearms issuance and security, the use of force including prohibitions on the use of the chokehold pursuant to subchapter XIII of Chapter 1 of this title, searches and seizures, and arrests.
§ 5–417.02. Compliance with fire code and occupancy requirements — Authority, generally; authority to enter and examine; sanctions.
(a) The Fire Chief, the Fire Marshal, or his or her authorized representative shall have the authority to enter upon or examine any area, building or premises, vehicle or other thing during normal business hours to inspect for compliance with the District fire code, or enter any building at any time when there is probable cause to believe that the premises may be overcrowded.
(b) The Fire Chief, the Fire Marshal, or his or her authorized representative shall have the authority to sanction a restaurant or other public venue for failure to post a seating or occupancy capacity placard; provided, that no restaurant or public venue shall be liable for the resulting fine or penalty unless the Mayor has provided the seating or occupancy capacity placard to the owner of the premises.
§ 5–418. Cadet program — Authorized; purpose; preference for appointment; appropriations.
(a) The Chief of the Fire and Emergency Medical Services Department may establish a cadet program for the purpose of instructing, training, and exposing interested persons, primarily young adults residing in the District of Columbia, to the operations of the Fire and Emergency Medical Services Department and the duties, tasks, and responsibilities of serving as a dual-trained firefighter/paramedic/emergency medical technician with the Fire and Emergency Medical Services Department. The Fire Chief shall establish performance measures for the program.
(b) A person successfully completing the required training and service in a cadet program established pursuant to this section shall be accorded full preference for appointment as a member of the Metropolitan Police Department or of the Fire and Emergency Medical Services Department, if the person shall have met all other requirements pertaining to membership in the chosen Department.
(c) There may be appropriated the funds necessary for the administration of this section.
§ 5–419. Cadet program — Rules.
The Mayor or the Mayor’s designated agent may issue rules necessary for the implementation and operation of the cadet programs established pursuant to §§ 5-109.01 , 5-418, and 5-445.
Subchapter II. Fire and Emergency Medical Services Training.
Part A. Training For Non-District Personnel.
§ 5–431. Fire and Emergency Medical Services training for non-District of Columbia personnel.
(a) The Mayor may provide training to non-District of Columbia government agencies, organizations, and individuals through the Fire and Emergency Medical Services Department (“Department”), including hazardous materials training, firefighting training, emergency medical technician training, fire extinguisher safety training, and cardiopulmonary resuscitation training.
(b) The Mayor may impose fees to cover the costs of any training provided under subsection (a) of this section. The fees shall be established in accordance with Chapter 5 of Title 2.
§ 5–432. Establishment of Fire and Emergency Medical Services Training Fund.
(a) There is established a lapsing Fire and Emergency Medical Services Training Fund (“Fund”), which shall be separate from the General Fund of the District of Columbia. All fees generated under § 5-431(b) shall be deposited into the Fund, and any interest earned on these deposits shall be credited to the Fund.
(b) The monies in the Fund shall be expended solely and exclusively to cover the costs directly associated with operating the Department’s training programs, and shall be used to acquire improved technology and equipment, to hire, train, and certify staff, and to otherwise improve the quality of the training programs offered by the Department.
(c) Repealed.
(d) Nothing in this section shall be construed as prohibiting or limiting the allocation of additional funds from the revenues of the District of Columbia for the purposes designated in subsection (b) of this section.
Part B. Education And Training Program.
§ 5–441. Fire and Emergency Medical Services education and training program; certification of firefighters, paramedics, and emergency medical technicians.
(a) The Chief of the Fire and Emergency Medical Services Department shall design an education and training program that encompasses entry-level and in-service training and addresses issues such as skills with specialized equipment acquired to address special hazards, knowledge of new construction techniques, and emergency medicine skills for target audiences, such as persons with disabilities, the elderly, and very young. The education and training program shall be based upon the department’s mission and operational performance measures.
(b) The Fire Chief, in close coordination with the Medical Director, shall develop and implement a program of certification for firefighters, paramedics, and emergency medical technicians.
(c) For fiscal years 2011, 2012, 2013, and 2014, no officer or member of the Fire and Emergency Medical Services Department shall be detailed to Emergency Medical Technician classes for more than 60 days.
(d) The Fire Chief, in close coordination with the Medical Director, shall develop and provide for members of the Operations Division instruction on best practices for identifying and interacting with individuals living with Alzheimer's Disease or other dementias, and the risks such individuals face, such as wandering and elder abuse. Such instruction may be inclusive of existing or planned curricula required by licensing or certificating bodies; provided, that the curriculum:
(1) Requires initial training to be completed after appointment that covers the following topics, including:
(A) Neurological, psychiatric, and behavioral symptoms of Alzheimer's Disease and other dementias;
(B) Communication issues, including how to communicate respectfully and effectively with individuals living with Alzheimer's Disease or other dementias in order to determine the most appropriate response, and effective communication techniques to enhance collaboration with caregivers;
(C) Techniques for understanding and approaching behavioral symptoms and identifying alternatives to physical restraints;
(D) Identifying and reporting incidents of abuse, neglect, and exploitation to Adult Protective Services;
(E) Protocols for contacting caregivers when an individual living with Alzheimer's Disease or other dementias is found wandering or during emergency or crisis situations; and
(F) Local caregiving resources that are available for individuals living with Alzheimer's Disease or other dementias; and
(2) Requires continuing education covering the subjects described in paragraph (1) of this subsection.
(e) The Fire Chief, in close coordination with the Medical Director, shall, in developing the curriculum described in subsection (d) of this section, coordinate with the Department of Health, the Department of Aging and Community Living, and the Office of the Attorney General.
Part C. Pilot Civilian Technical Services Program.
§ 5–445. Pilot Civilian Technical Services Program.
(a) The Chief of the Fire and Emergency Medical Services Department ("Chief") shall establish, in conjunction with the University of the District of Columbia Community College, a Pilot Civilian Technical Services Program ("Program") for the purpose of instructing, training, and exposing interested persons, primarily young adults residing in the District of Columbia, to the technical maintenance of Department apparatus and devices, and the duties, tasks, and responsibilities of serving as an employee in the field infrastructure and inventory management programs within the Department.
(b) The Program shall include training courses that equip civilian employees with the skills to provide emergency vehicle and facility maintenance, certification, and specialized network management services to the Department.
(c) A person successfully completing the Program shall be accorded full preference for appointment as a civilian employee of the Department; provided, that the person meets all other requirements pertaining to employment in the Department.
(d) The Chief shall establish performance measures for the Program.
Subchapter III. Fire and Emergency Medical Services Agility Testing.
§ 5–451. Physical examinations and agility standards.
(a) All sworn members of the Fire and Emergency Medical Services Department shall be required to pass, at least biennially, a physical examination and a physical agility test. The physical examination shall be performed by a physician at the Police and Fire Clinic using current medical standards adopted after consultation with medical professionals within 180 days of September 30, 2004. The physical agility testing shall be based on full-duty physical performance standards adopted within 180 days of September 30, 2004.
(b) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section within 180 days of September 30, 2004.
