A fire department annual report can be as simple or as detailed as the department’s leadership desires. Small departments may decide to include a list of responses and significant accomplishments, while larger departments may include many more details about the fire department and its performance from the previous year. Remember, this is a major way you communicate with your external customers. Items that may be part of a fire department annual report include:

• Cover/Title Page
• Introductory letter from the fire chief
• Department Mission statement
• Department Values statement
• Department Vision statement
• Goals and objectives
• Performance measures
• Organizational chart
• Community demographics
• ISO Rating and what the rating means to the community
• Budget
  • Current fiscal year breakdown
  • Previous fiscal year actual
  • Grants applied for and grants received
  • Cost-per-call or other cost-per-unit measure
  • Revenue sources and percent of revenue from each source
• List of accomplishments
• Incident responses from the preceding year
  • Summary of all responses
  • Fires by type, fires by fixed property use, etc.
  • Incidents by time of day, day of week, district, etc.
  • Dollar loss by type of fire, day of week, property type, etc.
  • Value of all property at risk and amount of property saved
  • False alarm analysis
  • Historical trends
  • Rolling five-year analysis of all types of responses
  • Number of personnel responding by type of fire, hours worked, etc.
  • Response time by quarter and overall annual– average and by percentile
  • Response time breakdown by component (ring time, call processing time, turnout time, travel time) by quarter and overall annual
  • List of high dollar saved incidents with a synopsis of the incident.
  • List of high dollar loss incidents with a synopsis of the incident
  • Other data reports as determined by local needs
• Community Risk Reduction activities
  • List of public education programs and number citizens touched.
  • Code enforcement activities
  • Pre-fire planning activities, number of pre-plans, hours invested
  • Fire inspections by inspectors and company personnel
  • Number of fire code violations found and corrected
  • Average number of days to achieve code compliance
  • Fire department attendance at public events
  • Fire department fire protection and EMS standbys at special events
  • Citizen’s fire academy program activities
  • CPR, CERT and other community preparedness programs the department is part of
• Fire investigation activities
  • Number of incendiary and suspicious fires
  • Number of arson cases prosecuted
  • Fires by cause
  • Fires by location of origin
  • Number of fires where the cause was determined
• Training activities
  • Total number of training hours for the department and the average for each firefighter
  • Number of training drills
  • Subjects covered and hours of training by subject
  • New recruit training programs
  • Certifications achieved
  • Technical courses completed
• Personnel roster (do not include personal contact information)
  • Rank
  • Position
  • Level of firefighter certification
  • Level of EMS certification
  • Years of service
  • Awards and recognitions
  • Promotions
  • Retirements
• Apparatus roster
  • List by type and age
  • List new acquisitions
  • List annual cost for fuel, maintenance, and repairs
  • Cost per mile or hour to operate
• Facilities (fire stations) roster
  • Address of each station
  • Description of primary response (first-due) area - a map is best
  • List of apparatus assigned to each station
  • List of maintenance and repairs
  • Annual cost to operate the station(s)
• History of the fire department

Use tables, charts and graphs to present numbers and data so it is easy to understand. Compare statistics with different years, for example the number of structure fires, to show trends, especially if the trend shows improvement and is the result of Community Risk Reduction efforts by the fire department.

The department should organize the report in a format that best presents and promotes the department’s contributions to the community. One example of a format is to organize the report by major headings.

• Fire Suppression – response to all types of fires
• Emergency Medical Services – responses providing basic and advanced life support to the ill and injured
• Special Operations and Rescue Techniques (SORT) – unique and extraordinary rescue operations, such as confined space rescue, swift water rescue and high angle rescue
• Hazardous Materials Response (Hazmat) – control and mitigation of spills of dangerous and hazardous materials, including home or business pesticide spills and spills arising from transportation accidents
• Community Risk Reduction – tours, talks, press releases and other activities to promote public awareness of fire safety, including visits to schools, Fire Prevention Week activities, smoke detector programs and fire department displays and promotions at public events
• Fire Inspections – commercial fire code compliance inspections, pre-fire planning inspections and activities, sprinkler system installation inspections, plan reviews, fire hydrant flow tests and residential inspections
• Fire Investigations – cause and origin investigations of every fire, participation in a county or combined jurisdiction arson task force
• Other Services – fire hydrant maintenance, assistance to other city departments, community services (blood pressure checks, health fairs, CPR training, CERT classes, etc.), mutual aid and automatic aid to other fire departments; work with community groups, service on local committees and civic organizations
• Fire Department Infrastructure – maintenance and repairs on tools and equipment, technical services such as annual fit testing, refilling of compressed air cylinders and maintain the fire department’s inventory

Use pictures throughout the report to highlight fire department personnel at work on fire or emergency scenes and involved in community activities. Be careful when using photos of incident scenes, especially EMS calls, to protect the privacy of patients and victims. Screen the photos carefully as the department should not use photos that show improper fire ground procedures, techniques, or safety violations.

You have decided to create your first annual report, so how do you begin. First, review the data that you have available and then decide what you want to include in the annual report. Some departments may use database programs such as Firehouse, Emergency Reporting, or New World, and those programs can produce graphs and charts for inclusion in the report. Smaller departments may not have such a computer database program, but if they report to TFIRS, they can use a free web resource called the Summary Output Reports Tool (SORT) to produce graphs for inclusion in the report (see the resources section for more information). http://www.nfirs.fema.gov/ [2]

Next, decide on the layout. MTAS has examples of several Tennessee fire department annual reports on Knowledgebase (see the resources section for more information), or search the internet for fire department annual report to find examples. The report’s design should include ample use of white space (i.e., do not crowd a page with too much information) and be organized in a logical manner. Include a cover/title page with the fire department logo or a photo showing the fire department in action. For larger reports, include page numbers and a table of contents. Have several people in the department proof the report, and then send the report to someone outside of the fire department. Ask that person to review the report from an outsider’s perspective and make changes accordingly. As a final review, have someone with a good command of grammar and punctuation review the report for spelling, punctuation and grammatical errors.

Produce enough hard copies of the report to distribute within the fire department and to elected officials and community leaders. Place a copy in the local library. For the widest distribution, produce an Adobe pdf format copy, and place that on your fire department or city website for download.

A fire department's annual report is an excellent tool for a fire department to use to tell its story to the community and to build community support for its efforts and needs. The report should inform and educate the community about the role the fire department plays in community safety. Department members will take pride in the annual report, knowing that they contributed to the accomplishments of the department and that they helped make a difference in the community.

Resources
Departments reporting to TFIRS can use the free web-based tools available from the United States Fire Administration. Go to http://nfirs.fema.gov/ [3] and click on the link titled "Web-based tools", then click the link titled "Summary Output Reports Tool" to access your department’s data. Registration is required to access the data. For information on this resource, and to get a registration and login, contact TFIRS coordinator, at (615) 532-5753, Monday through Friday, 7:00 a.m. – 3:30 p.m. CST..

Section 3(e)(4)(A) of FLSA and 29 CFR §§ 553.101 and 553.103 state that individuals are volunteers and not employees of a public agency when they meet the following criteria:

• Perform hours of service for civic, charitable or humanitarian reasons without promise, expectation, or receipt of compensation for the services rendered. Volunteers can receive no compensation or be paid expenses, reasonable benefits or a nominal fee to perform such services (§ 553.101(a));
• Offer their services freely and without any pressure or coercion, direct or implied, from the employer (§ 553.101(c));
• Are not employed by the same public agency to perform the same services as those for which they propose to volunteer (§ 553.101(d)). For example, a park’s department worker can serve as a volunteer firefighter for the same agency (§ 553.103(c)).

29 CFR § 553.106(a), Payment of Expenses, Benefits, or Fees, states that, “Volunteers may be paid expenses, reasonable benefits, a nominal fee, or any combination thereof, for their service without losing their status as volunteers.” It is important to remember that anything resembling an hourly rate or minimum wage jeopardizes the person’s status as a volunteer. Examples of the types of compensation permitted include:

• Payment of the volunteer's tuition to a firefighting course.
• Reimbursement for expenses incidental to fire protection training.
• Reimbursement for “approximate out-of-pocket expenses incurred incidental to answering a call.”
• Reimbursement for the cost of replacing clothing or equipment consumed or damaged in responding to a call.
• An annual party given to recognize the volunteer firefighters.
• A uniform and related equipment may be furnished free of charge.
• The volunteer may be included in a retirement or relief fund, worker's compensation plan, or life or health insurance program.
• A “nominal sum.”

There are two different issues concerning compensation: the application of FLSA, and Internal Revenue Service (IRS) rules and regulations. FLSA says that volunteers can receive a “nominal fee,” but the law itself does not define what a nominal fee is. However, § 553.106(e) states that a fee is not nominal if it is:

• a substitute for compensation; or
• tied to productivity.

A municipality must establish a nominal fee that reflects the sacrifice of the volunteer. Again, anything resembling an hourly rate or minimum wage is not a nominal fee and jeopardizes the person’s status as a volunteer. The following quote is from 29 CFR § 553.106(e):

Individuals do not lose their volunteer status if they receive a nominal fee from a public agency. A nominal fee is not a substitute for compensation and must not be tied to productivity. However, this does not preclude the payment of a nominal amount on a “per call” or similar basis to volunteer firefighters. The following factors will be among those examined in determining whether a given amount is nominal: The distance traveled and the time and effort expended by the volunteer; whether the volunteer has agreed to be available around-the-clock or only during certain specified time periods; and whether the volunteer provides services as needed or throughout the year. An individual who volunteers to provide periodic services on a year-round basis may receive a nominal monthly or annual stipend or fee without losing volunteer status.

Section 553.106(e) is notable regarding providing a nominal per shift fee for volunteers who work a shift. On August 7, 2006, the Department of Labor (DOL) sent Wage and Hour Opinion Letter FLSA2006-28 to the International Association of Fire Chiefs (IAFC), stating that “nothing in the statutory language would directly preclude the payment of nominal per call or even per shift fees to volunteer firefighters as section 553.106(e) specifically provides that a nominal fee can be paid on a “per call” or similar basis for volunteer firefighters.”

As described below, the DOL has set a limit on nominal compensation, but the municipality determines what is reasonable and fair given local circumstances. 29 CFR § 553.106(f) states that the decision of whether the expenses, benefits, or fees would preclude an individual from qualifying as a volunteer under FLSA must be made by examining the total amount of payments in the context of the economic realities of a particular situation. The DOL stated, “Whether a specific amount is ‘nominal’ depends on the economic realities of the situation and that no guidelines on specific amounts applicable to all (or even most) possible situations can be provided.” The responsibility for setting an appropriate nominal fee rests with the municipality, and the DOL may consider a nominal fee unreasonable if the fee seems out of proportion to the volunteer’s service, even if the fee is less than what is described in Wage and Hour Opinion Letter FLSA2006-28.

The DOL clarified further the issue of a nominal fee in Wage and Hour Opinion Letter FLSA2006-28. The DOL considers any fee paid to a volunteer firefighter as nominal as long as the fee does not exceed 20 percent of what that public agency would otherwise pay to hire a full-time firefighter. The compensation may include being paid per call, insurance benefits, retirement benefits, etc. If the compensation is nominal, the volunteer firefighter is not subject to the wage and hour provisions of FLSA. FLSA provides no exemption for the volunteer firefighter being subject to withholding of taxes.

The IRS views compensation for volunteers from a different perspective. The ability of the employer to exercise direction and control, not the label (volunteer, reserve, etc.), determines whether an employer-employee relationship exists. Any worker receiving any compensation (no matter how small) for services performed who is subject to the will and direction of the employer is a common-law employee. A common-law employee is defined as an employee who performs services for an employer and the employer has the right to control what will be done and how it will be done, even if the employee has freedom of action. Under Section 3121 of the Internal Revenue Code, all employees are subject to social security and Medicare taxes unless there is a specific exception. Because volunteer firefighters serving a municipal fire department are subject to the will and direction of the employer (the municipality), they are considered common-law employees under IRS regulations and subject to withholding for income, social security, and Medicare taxes.

Under Internal Revenue Code section 3121(b)(7)(F)(iii), an exception is provided from social security and Medicare coverage for a worker “serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency”. This exception applies only to workers who respond to unforeseen emergencies. For example, a municipality could employ temporary personnel to help recover from an ice storm or flood. The exception does not apply to workers, such as firefighters, who work for pay or volunteer on a recurring basis even if their work involves emergencies.

Reimbursements to any worker, including firefighters, made under an accountable plan are not subject to tax and withholding. An accountable plan must require workers to substantiate business expenses, allow no reimbursement for unsubstantiated expenses, and require the employee to return any amounts reimbursed over documented expenses to the employer within a reasonable period. Any amounts reimbursed to employees that do not meet these conditions are considered wages subject to all the taxes discussed above. It does not matter whether the amount is labeled per call, per diem, or any other description: it is still taxable.

A municipality using volunteer firefighters has two options when it comes to compensation for volunteer firefighters.

Option 1:
The municipality should process any compensation (no matter how small) a volunteer firefighter receives through the municipality’s regular payroll system and issue the volunteer firefighter a W-2 at the end of the year. Compensation is defined as any money paid to the volunteer firefighter in the form of a per call stipend, per drill stipend, per diem allowance, monthly allowance for administrative services, etc. A person is an independent contractor if the payer (municipality) has the right to control or direct the result of the work only and not what is done and how it is done. Volunteer firefighters do not meet the definition of contractor, so reporting compensation on a 1099 form is not appropriate. It is important that the municipality classify volunteer firefighters properly. If the municipality improperly classifies a volunteer firefighter as an independent contractor, the municipality may be liable for employment taxes for that volunteer firefighter.

If the compensation is less than 20 percent of what a paid firefighter for the local area would make on an annual basis, the firefighter is considered a volunteer under FLSA. If the municipality pays the firefighter any type of hourly rate, or ties the compensation to the length of time worked or productivity, FLSA considers the person an employee and not volunteer. A part-time firefighter or full-time firefighter also cannot be a volunteer for the same agency, but can volunteer as a firefighter for a different agency.

Option 2:
Have true volunteers who serve without any compensation and establish an accountable plan whereby the volunteers are reimbursed for actual expenses allowed under IRS regulations. The plan must be in writing and include the requirement that the volunteers substantiate business expenses, allow no reimbursement for unsubstantiated expenses, and require that they return any amounts reimbursed over documented expense to the employer within a reasonable period. Under this plan, the volunteer firefighter is receiving reimbursement for expenses and is not receiving compensation for services, so the employer is not required to complete a W-2.

Whether or not a volunteer is considered an employee of the municipality depends on the situation and the applicable law. Volunteers are employees for some purposes, and only volunteers with no employment rights for other purposes.

Volunteers are not considered employees for purposes of the Little Hatch Act, or T.C.A. § 7-51-1501.

Volunteers are employees for purposes of the workers’ compensation law and Government Tort Liability Act.

The Department of Labor considers volunteers to be volunteers only and not employees, so there is no hourly rate required or overtime liability for the municipality as long as the municipality follows DOL requirements for any compensation the municipality may provide.

When it comes to application of personnel policies, volunteers are considered employees as the city has the legal duty to enforce rules and keep the volunteers compliant with city policies. Because a volunteer firefighter working for a municipal fire department is a common-law employee, the municipality’s personnel policies, rules, and regulations apply to the volunteer. The reason for this is that actions of volunteer employees can cause liability for the city, just as actions of regular employees can bring liability.

A municipality receiving fire services from an independently owned and operated volunteer fire department should have a written agreement with the fire department that includes how the volunteer firefighters will be supervised and whether they will follow any of the municipality’s policies and procedures. If the volunteer firefighters will follow municipality policies and procedures, the written agreement should reference those specific policies, procedures, rules, and regulations.

Volunteer firefighters perform valuable emergency and essential services for their communities and are cost effective. The Fair Labor Standards Act includes provisions to recognize the public benefits of volunteers and prevent the manipulation of the law by employers seeking to avoid paying fair wages and overtime for work performed. Important points to remember include:

• Public employees may volunteer with their agency in a capacity that is different from what they are paid to do.
• Both FLSA and IRS rules and regulations apply to volunteers.
• Volunteers may receive a reasonable nominal fee for their service, and the municipality is responsible for determining the amount of the nominal fee.
• If volunteer firefighters receive compensation, the municipality must report the compensation using a W-2, not a 1099.
• Optionally, volunteers may serve under a valid accountable plan, which is not considered compensation by the IRS.
• The policies, rules, and regulations of the municipality apply to volunteers working for a municipally operated fire department.

It is important for a municipality to classify, supervise, and compensate volunteers appropriately. Failure to do so causes internal administrative and financial problems, discord with the volunteers, may result in fines or penalties, and may result in liability for back employment taxes.

References and Additional Information:
29 CFR Part 553, Fair Labor Standards Act Regulations, Application of the Fair Labor Standards Act to Employees of State and Local Government. Available at: https://www.gpo.gov/fdsys/pkg/CFR-2013-title29-vol3/pdf/CFR-2013-title29... [4]

Employer’s Supplemental Tax Guide. IRS publications 15-A. [5]

Employer’s Tax Guide to Fringe Benefits. IRS publication 15-b [6].

Internal Revenue Service [7]

Rynecki, Steven B. and Korom, James. Computing Costs Under FLSA. von Briesen & Redmond, S.C. (1985).

Stokes, Richard. The Fair Labor Standards Act: Revised and Updated. MTAS (2009).

U. S. Department of Labor. Wage and Hour Opinion Letter FLSA2006-28. [8]

U. S. Department of Labor. Wage and Hour Opinion Letter FLSA2005-51. [9]

The Commission on Fire Accreditation International (CFAI) provides an assessment tool to determine when a fire department has achieved an appropriate level of professional performance and efficiency. The CFAI has been providing this service since 1988 when it was created by the International Association of Fire Chiefs (IAFC) and the International City/County Managers Association (ICMA). In 1996, the CFAI became a trust organization in cooperation with the IAFC and ICMA, and in 2001, the CFAI incorporated to create a unique standalone organization. The cooperation among all three organizations remains excellent. Members of the IAFC and ICMA serve on the board of directors of the Center for Public Safety Excellence, Inc., the CFAI and the Commission on Professional Credentialing Excellence (CPCE). The CFAI is the result of a decade of hard work by many fire service leaders and local government officials. The success of this program depends upon the support of the two founding organizations as well as a strong board of directors.

The center’s board of directors is composed of the following representatives:

• Two IAFC representatives
• Two ICMA representatives
• One IAFF representative
• Four-at-large representatives from fire service and stakeholders

The commission is composed of the following representatives:

• Agency head representing a fire department serving a population of greater than 250,000;
• Agency head representing a fire department serving a population of 100,000 to 249,999;
• Agency head representing a fire department serving a population of 25,000 to 99,999;
• Agency head representing a fire department serving a population of up to 24,999;
• International Fire Service representative;
• Consensus standards representative;
• City manager representative;
• Labor representative;
• Insurance industry representative;
• Federal fire service representative;
• Industry representative.

These board members provide a broad spectrum of representation that allows for continuous improvement and increased professionalism within the CFAI itself. The most recent change for the CFAI came in March 2006 with the unveiling of a new corporate name and logo. The new name, Center for Public Safety Excellence, Inc., was intended to better describe what the organization does in relation to fire department accreditation and fire chief credentialing as well as new programs in virtual reality training. As for the fire department accreditation section of the corporation, the name remained Commission on Fire Accreditation International.

The mission of the CFAI is to “assist the fire and emergency service agencies throughout the world in achieving excellence through self-assessment and accreditation in order to provide continuous quality improvement and the enhancement of service delivery to their communities." ^[1] The accreditation program provides an in-depth process of self-assessment for fire departments, granting accreditation to organizations that successfully complete the assessment process and an on-site evaluation by their peers.

[1] Commission on Fire Accreditation International, “An Improvement Model Through Self-Assessment” 2006

For more information on Agency Accreditation, contact:

Karl Ristow, CFAI Program Director
4501 Singer Court, Suite 180
Chantilly, VA 20151
(703) 691-4620, X 204
kristow@cpse.org [11]
http://www.cpse.org/ [12]

Benefits of Fire Department Accreditation
So why would a fire department want to conduct an evaluation of its fire service program? According to the CFAI, there are so major reasons to earn accreditation:

• Raise the profile of your agency with your community
• Emphasize your agency’s dedication to excellence to your stakeholders
• Establish an agency-wide culture of continuous improvement
• Assist with communicating your leadership’s philosophies
• Build positive relationships with your labor groups
• Offer independent verification and validation of your agency’s operations
• Provide tangible data and information for your elected officials

These are all proactive reasons with a purpose to improve, but the primary goal of a self-assessment process is to answer three basic questions:

• Is the organization effective?
• Are the goals, objectives, and mission of the organization being achieved?
• What are the reasons for the success of the organization?

CFAI further describes the benefits of an accreditation program as:The promotion of excellence within the fire and emergency services:

• Assure colleagues and the public that they have definite missions and objectives that are appropriate for the jurisdictions they serve
• Provide a detailed evaluation of the services they provide to the community
• Identify areas of strength and weakness within the department
• Create methods or systems for addressing deficiencies while building organizational success
• Encourage professional growth for both the department and its personnel
• Provide a forum for the communication of organizational priorities
• Foster national recognition by colleagues and the public
• Create a mechanism for developing strategic and program action plans
• Fostering pride in the organization from department members, community leaders and citizens

These benefits range from abstract concepts to practical, day-to-day improvements. However, improvement will not occur unless the organization applies the findings from the self-assessment to local planning and implementation activities. The willingness to allow for improvement and accept change is another challenge the department must accept.

Self-assessment focuses on whether the organization is meeting goals that are commensurate with its responsibility. In today's world of government where the focus is on reinventing, re-engineering, rethinking and quality management, a department must continue to ask itself if there is value added by the actions it is taking within the organization. This process assists the fire service by asking questions to determine if the fire department is effective in meeting the needs of its community.  

A task force consisting of a group of highly qualified and dedicated professionals developed the accreditation model. These chief fire officers, trainers, city and county administrators, and academic professionals worked together to develop the self-assessment model, the basis for accreditation. The model provides a proven methodology to continually evaluate and improve services. The process helps organizations stay in touch with the communities they serve and meet the needs of their citizens.

Included in the accreditation model are the following 10 categories that fire departments use to evaluate their performance:

1. Governance and Administration
2. Assessment and Planning
3. Goals and Objectives
4. Financial Resources
5. Programs  

6. Physical Resources
7. Human Resources
8. Training and Competency
9. Essential Resources
10. External Systems Relationship

Within each category are criteria that measure or index a service or practice so that a judgment can be made. Within each criterion are performance indicators that define the desired level of ability to demonstrate a particular task as specified in the accreditation model. A total of 244 performance indicators are evaluated in preparation for the accreditation with 77 of these being core competencies that cannot be failed.

The Accreditation model includes a comprehensive research and information collection guide with checklists, exhibits, benchmarks, references, and activities broken down by category. Several appendices address additional topics including defining the elements of response time, creating standards of response coverage, and developing master or strategic plans.

The accreditation process includes four major levels: Becoming a Registered Agency, Becoming an Applicant Agency, Becoming an Accreditation Candidate, and Becoming an Accredited Department. These levels allow a department to move through the CFAI process and achieve accreditation. The CFAI encourages departments to join the CFAI network as registered agencies even if they do not intend to pursue accreditation in the short term.

The process begins by applying for "Registered Agency" status and paying an application fee of $570.00. Registered agency status is valid for up to three years and includes manuals, information and access to the CFAI accreditation program. During this stage, the fire department must also assign an accreditation manager who is the fire department’s point of contact and who must attend the complete CFAI workshop series for the department to progress to the next step.

Once the accreditation manager and others are trained and oriented to the process, the department may proceed to "Applicant Agency" status. This requires an applicant agency fee that is based on the population served by the department. If the department transitions to applicant agency within one-year of becoming a registered agency, the $570.00 applicant agency fee will be applied to the registered agency fee. This one-time fee, unless there is a lapse in status, fee ranging from $4,900 to $13,600 based on entity's population. Applicant agency status is valid for up to 18 months for career departments and up to 24 months for fire departments that are 90 percent or more volunteer.

The entire self-assessment process can take from one to three years of dedicated work. After a long self-assessment and planning process, the department will enter "Candidate Agency" status, and the commission will send a peer assessment team of three to five assessment team members from outside the state to conduct an on-site assessment. This on-site assessment includes a review of water supply systems, fire safety inspections, firefighter training records, dispatching procedures, financial planning, apparatus maintenance and many other operational topics. There are no fees associated with this part of the process although the requesting fire department is responsible for the travel expenses of the peer assessment team. The budget associated with this travel is approximately $6,000 for the team to travel to your department as well as approximately $1,500 for the team leader to travel to the commission’s accreditation hearing. The department should also budget dollars so that the fire chief, accreditation manager, and other members of the accreditation team can attend the accreditation hearing.

After almost a week of peer review, the peer assessment team will compile a report to CFAI either recommending accreditation or recommending that additional work be conducted before accreditation. If accredited, the fire department will be presented with the certification by the commission at a semi-annual CFAI meeting and will join the elite group of accredited fire departments.

Fire department accreditation is valid for five years. Within 45 days of the anniversary date of accreditation, the department must submit an annual compliance report with its yearly maintenance fee (1/5th the current application fee). On the fifth anniversary of the award of accreditation, the department submits the application for re-accreditation. The department will begins the process beginning at the submit a revised copy of the self-assessment to the CFAI and go through another on-site peer assessment process. The agency is then brought to the commission for reaffirmation of accreditation.

This might seem like a lot of work and a significant financial obligation; although, after completing the accreditation process, securing a comprehensive self-assessment management document, and making improvements within the department, most will agree the time and money are well spent, and the fire department is more efficient and effective in its operations.

Inevitably, the question will arise about whether accreditation will help lower the community's ISO rating. Data collected by Dennis Gage of ISO seems to indicate that it will. CFAI provides the following information:

The Insurance Services Office, Inc. (ISO) is the agency that collects data and analyzes the capability of community fire suppression services. This evaluation is based on criteria such as fire alarms (how well the department receives alarms and dispatches its resources), the number of engine companies (their distribution, etc.), and water supply (whether the community has a sufficient water supply, etc.). Essentially, ISO is classifying a community’s ability to fight fire.

The CFAI, on the other hand, provides a comprehensive system of fire and emergency service evaluation that can help local governments determine their risks and fire safety needs, evaluate the performance of the organizations involved, and provide a method for continuous improvement.

This presents a correlation between the ISO community assessment and the CAFI self-assessment. In fact, ISO conducted research to determine if the self-assessment helped improve the ISO rating. According to a report released by Dennis Gage of ISO in May 2006, there were 1,114 accredited agencies although ISO has established a classification on only 92 of these agencies. The remaining are military installations or are found in a state where there is an independent rating bureau. Of the 92 accredited agencies with an ISO classification, the following is a breakdown by classification:

Note that if you want to improve your ISO classification to a class five or better, accreditation is a good opportunity to do so.  Conversations with ISO representatives indicate that it is possible that future versions of the ISO Fire Suppression Rating Schedule will provide some level of credit for accreditation.

As previously stated, the Alcoa, Brentwood, Bristol, Kingsport, and Maryville Fire Departments are currently accredited. In addition to these municipal agencies, Naval Support Activity Mid-South (a DoD fire department) in Millington is an accreditated agency. Clarksville, Germantown, Johnson City, Murfreesboro, and Pigeon Forge are registered agencies. These fire departments have established the path for other fire departments to follow.

In May 2006, the Maryville Fire Department hosted the first CFAI training for fire accreditation class conducted in Tennessee. In the past, anyone from Tennessee who wanted to take the courses had to travel outside the state. Each of the three courses are one day each and were offered for three consecutive days. Martel Thompson, a retired fire chief from Henderson, Nev., led the Maryville course. Students in the class came from as far away as Alaska, Illinois, Ohio and Georgia.

The first course is a one-day session about the self-assessment process and serves as an introduction to the accreditation program and its benefits. The focus is on determining how good your fire department is, how you measure it for credibility, and how you prove it. This class and process focus on measuring success rather than failure. One example is about how a fire service measured itself by determining the amount of fire loss in a given community. A better measurement in this case would be the amount of property saved rather than the amount lost.

Day two of the series is on the standards of coverage and covers the primary functions of eight strategic planning components: deployment, risk identification, service levels, distribution, concentration, reliability, performance, and overall evaluation. The assessment process requires the fire department to develop a standard of coverage document that analyzes response factors and to set a standard for the local community. This process alone provides a tremendous amount of valuable information to be used in the future growth of the city and fire department.

Day three of the series includes training on becoming a peer assessor. Peer assessors are a key element of accreditation and are the foundation for improvement. Anyone with experience can become a peer assessor after training. Peer assessors are not paid and actually perform an incredible amount of work during the peer assessment process. Peer assessors are not allowed to review fire departments within their own state, but they do assess fire departments of similar size and makeup to their own.

The Maryville classes had 35 attendees with most of them representing Tennessee fire departments. This was a great opportunity, and we hope to see future courses sponsored in Tennessee.

In summary, successful completion of the evaluation process will enhance training, quality of service, and information available to fire and emergency service agencies and personnel.

Self-assessment has many benefits. It allows agencies to accurately evaluate their departments and identify strengths and weaknesses. It provides them with a method to address deficiencies and encourages quality improvement through continuous self-assessment. There are many examples in which agencies were able to justify the need for additional equipment, work force, or services using the self-assessment process. Ultimately, self-assessment ensures that agencies are meeting the needs of their communities.

Many city mangers have already heard about this process through ICMA, and with additional information and courses being held in Tennessee, it is expected that there will be more Tennessee fire departments achieving registered agency status. The cost of the registration and courses may seem expensive, but the return on the investment will be incredible.

For more information from CFAI, contact:

The Commission on Fire Accreditation International
CFAI Program Director
4501 Singer Court, Suite 180
Chantilly, VA 20151
(703) 691-4620, X 204
http://www.cpse.org/ [12]

What is the Firefighter Minimum Training Law?
This law was passed by the 2009 General Assembly and signed by the governor on June 25, 2009. The law took effect on July 1, 2009. T.C.A. Title 4, Chapter 24, Part 1, was amended by adding a new section, Section T.C.A. § 4-24-112. The law did three things: (1) established a 16-hour class that must be taken by anyone who enters the fire service before they can respond to any emergency, and (2) requires that every firefighter complete a basic firefighter class, as defined by the Tennessee Fire and Codes Academy, within three years of joining a fire department, and (3) provides exceptions for firefighters who already had five years of experience as of July 1, 2009.

Who does this law affect?
All full-time, part-time and volunteer firefighters in Tennessee.

Are there any exceptions?
Yes (1) Any firefighter who is certified by a medical doctor as medically or physically unable to complete the training requirements is exempt; however, the fire department may not allow such firefighters to engage in active firefighting operations and (2) any firefighter who is certified by the fire department's chief officer not to operate within an environment determined to be immediately dangerous to life and health (IDLH) is exempt from the "live firefighting" portion of the training referenced in subsection (a)(2).

What are the minimum training standards required by this law?
(1) The firefighter must previously have completed, or must complete after joining the fire department, a minimum of 16 hours of initial training developed by the Tennessee Fire Service and Codes Enforcement Academy in firefighting procedures and techniques, or complete equivalent training approved by the Tennessee Commission on Firefighting Personnel Standards and Education before being allowed to actively fight a fire, and (2) Within 36 months after hire or acceptance date as a firefighter, the firefighter must have completed, or must complete after joining the fire department, the "basic and live firefighting" course offered by the Tennessee Fire Service and Codes Enforcement Academy or an equivalent course. The law requires that the firefighter complete both the 16 hours of initial training and the 64-hour basic and 16-hour live firefighting course: the 64-hour course does not substitute for the 16 hours of initial training. A firefighter must take all three classes to comply with the law.

Possible Legal Implications for Fire Departments in Exempted Counties
Fire departments in counties that are exempt from the training requirements of this law should not rest on their exemption too easily. For an exemption from a general law to be valid, there must be a rational basis for the exemption (Nolichuckey Sand Co. v. Huddleston, 896 S.W.2d 782 (Tenn. App. 1994)). In other words, there must be a reason or a common thread linking the exempted counties that justifies treating them differently from all the other counties of the state. No such reason, common thread, or rational basis is evident here. If an exemption is challenged, therefore, there is a good likelihood that it would be ruled invalid. There is a severability clause in the new law saying that if a part of the law is ruled invalid, that part will be removed and the rest of the law will remain in effect. If a county’s exemption is ruled invalid and removed, the training requirements in the law would then apply in that county. Thus, there is a possibility that the law will be interpreted by the courts as applying statewide anyway, even with the attempted exemptions.

Another reason the training standards established in the new law could apply even in the exempt counties is that they might be interpreted in a tort liability suit as setting the standard against which conduct is measured even in those counties. Thus, even if the training requirement does not apply in those counties, the conduct of the firefighters in the county could be measured in a lawsuit using the presumed conduct, based upon expert testimony, of firefighters who had received the training. In many cases the conduct of the untrained firefighter would not measure up. Lack of training also could be used in a federal lawsuit based on deliberate indifference or failure to train when firefighter actions result in injuries to, or death of, a member of the public or other firefighters. Liability under federal law is not limited. Governing bodies and fire departments in the exempt counties should not ignore this law.

Additional Information
This training can be completed at the Tennessee Fire and Codes Enforcement Academy or through any equivalent course elsewhere. The Academy offers the curriculum for both the 16-hour class and the basic class on a DVD that is free from any staff member of the Academy.

The final version of the legislation also authorizes the local government to decide who will be responsible for the cost: the local government or the firefighter.

Several counties exempted themselves out of the legislation:

This section does not apply to the following counties unless the county legislative body adopts a resolution to apply such requirements: Bradley, Campbell, Cannon, Cocke, Clay, Fentress, Giles, Greene, Hamblen, Hickman, Houston, Humphreys, Jackson, Johnson, Lawrence*, Lewis*, Loudon, McMinn*, Meigs, Morgan, Overton, Perry*, Pickett, Polk, Roane, Scott, Trousdale, Union, Unicoi, Washington.

This section does not apply to the following counties unless the county legislative body adopts by a two-thirds vote a resolution to apply such requirements: McMinn*.

This section does not apply to the following counties unless the county legislative body adopts by a two-thirds vote a resolution to opt into the statutory requirements: Bledsoe, Cumberland, Lawrence*, Lewis*, Rhea.

This act does not apply to the following counties: Benton, Decatur, Hancock, Hawkins, Henderson, Henry, Jefferson, Lake, Obion, Perry*, Stewart, Weakley*.

 *Counties listed in more than one section of the bill.

Fire departments in exempt counties can still provide the training even though they are not required to.

To be effective, firefighters need to train under conditions that approximate their work environment, which means they need live fire training. Police departments do not hand new recruits a bullet-resistant vest and a firearm and say, “Point this end at the bad guy,” and then send the police officer out on patrol. Police recruits undergo many hours of classroom instruction, range time and scenario-based training to become proficient in police techniques, and the knowledge and use of deadly force. However, the fire service sometimes takes the approach of “here are your turnouts; point this end of the nozzle at the fire” and then puts the firefighter on the fire engine to fight fire.

In the period between 1977 and 2009, the number of structure fires decreased by 53 percent. During this same period, the number of firefighter deaths due to traumatic injuries sustained fighting the fire increased from 1.8 deaths per 100,000 fires to 3.0 deaths per 100,000 fires. According to the National Fire Fighter Near-Miss Reporting system, for the period between January 2005 and December 2010, there were 89 live fire training near-miss incidents (where some type of unsafe practice occurred) and 28 of those incidents (31 percent) were in acquired structures compared with 17 incidents (16 percent) that occurred in dedicated burn buildings.

The number of fires is decreasing, but firefighter fatalities are increasing, so how do firefighters gain the knowledge and experience needed to be good, safe firefighters? The answer is controlled situation live fire training. Firefighters need to train in combat conditions, facing real fires, either of Class A materials or with environmentally friendly propane simulators. Firefighters need to feel the heat and experience disorientation and the loss of sight in hot, dark, smoke-filled environments. Live fire training provides real-time, real-world experiences that the classroom environment cannot replicate. Live fire training carries as much risk as any structure fire, but careful planning can mitigate some of the risk.

Some departments are fortunate to have a purpose-built structure (burn building) to use in live fire training, but many departments do not. The Tennessee Fire and Codes Enforcement Academy has an excellent live fire training facility, but many departments, especially volunteer departments, do not have the time required to travel to the academy or the money for meals and lodging, even though the cost of training at the academy is very reasonable. Many volunteers cannot take the time off from work required to participate in academy classes. To provide live fire training, one option for these departments is the use of acquired structures for training.

The Patient Protection and Affordable Care Act (PPACA) applies to all public, private, and non-profit employers. On Monday, February 10, 2014, the Internal Revenue Service (IRS) finalized rules clarifying that volunteers in a government or tax-exempt organization are exempt from the Patient Protection and Affordable Care Act (PPACA). This exception is beneficial for the volunteer fire service and for combination fire departments, too.

Hours worked by a volunteer who does not receive (and is not entitled to receive) compensation in exchange for the performance of services are not treated as hours of service for the purposes of the PPACA. The final regulations provide that hours of service do not include hours worked as a “bona fide volunteer.” Bona fide volunteers include any volunteer who is an employee of a government entity or an organization described in section 501(c) that is exempt from taxation under section 501(a) whose only compensation from that entity or organization is in the form of (i) reimbursement for (or reasonable allowance for) reasonable expenses incurred in the performance of services by volunteers, or (ii) reasonable benefits (including length of service awards), and nominal fees, customarily paid by similar entities in connection with the performance of services by volunteers.  The 20 percent rule for nominal fees still applies (see the MORe page [30] on volunteer compensation for additional information on allowable compensation for volunteers).

 The definition of volunteer is broad enough to include volunteer firefighters, EMS personnel, CERT participants, Fire Corp participants, and similar members of a fire or emergency services department who volunteer their services. Part-time employees (those who receive an hourly rate) are not considered to be volunteers.

The published rules for Shared Responsibility for Employers Regarding Health Coverage [31] are available from the Federal Register Website. 

The PPACA does not require cities to offer health insurance to employees. However, the city will be penalized if there are at least 50 full-time equivalents (FTEs) as defined by the PPACA and the employer does not offer at least minimum credible coverage or if coverage is not affordable as defined by PPACA.

Penalties only apply if an employer has the equivalent of 50 FTEs, including part time and seasonal. Those employers would be penalized if they did not offer coverage that meets the minimum standards as defined by PPACA. There are several ways to determine how part-time employees are counted, and this is done using a “look back” period.

Under the look-back/stability period safe harbor method, an employer determines each employee’s full-time status by looking back at a defined period of not less than three but not more than twelve consecutive calendar months, as chosen by the employer (the measurement period), to determine whether during the measurement period the employee averaged at least 30 hours of service per week. If the employee were determined to be a full-time employee during the measurement period, then the employee would be treated as a full-time employee during a subsequent “stability period,” regardless of the employee’s number of hours of service during the stability period, so long as he or she remained an employee.

Using the look-back period is voluntary. If an employer chooses not to use a look-back period, the employer simply looks at each employee’s actual hours each month and if they worked 30 or more hours they should have been offered coverage. It may be advantageous for a municipality with a workforce that is largely full-time and/or works very predictable hours to use the “count as you go” approach.

For more information on how an employer must define and calculate number of FTEs go to the IRS website at http://www.irs.gov/pub/irs-drop/n-12-58.pdf [32] for IRS Notice 2012-58, Determining Full-Time Employees for Purposes of Shared Responsibility for Employers Regarding Health Coverage (§ 4980H).

A “large employer” is defined as an employer with more than 50 full-time equivalent employees during the preceding calendar year. Both full-time and part-time employees are included in the calculation:

• Full-time employees are defined as those working 30 or more hours per week;
• Full-time excludes seasonal employees who work less than 120 days during the year;
• Part-time employees are employees that works less than 30 hours per week and this includes volunteers; or
• Part-time employees’ hours as a group are included in the calculation.

Hours worked by part-time employees are included by, on a monthly basis, dividing their total number of monthly hours worked by 120.

For example, an employer with 35 full-time employees (30+ hours per week) also has 20 part-time employees who all work 24 hours per week (so each employee who works 24 hours per week, works a total of 96 hours per month). These hours worked by these part-time employees are the equivalent of having 16 full-time employees, calculated as follows (note: 120 hours of service in a calendar month is the monthly equivalent of 30 hours of service per week):

• 20 employees x 96 hours per month per employee = 1,920 hours worked
• 1920/120 = the equivalent of 16 "full-time" (30+ hours a week) employees

The 35 full-time employees, plus the 16 full-time equivalent employees, equals 51 full-time equivalent employees, so this employer would be considered a large employer under the PPACA.

Cities with less than 50 employees meet the definition of a small business under the Patient Protection and Affordable Care Act (PPACA) and must notify workers of their health care options under state health exchanges. Employers with less than 50 FTE are exempt from the employer coverage requirements and applicable penalties under the act.

Regardless of whether a large employer offers coverage, it will only be potentially liable for a penalty beginning in January 2015 if at least one of its full-time employees obtains coverage through a health care exchange and qualifies for either a premium credit or a cost share reduction. To qualify for premium credits in an exchange, the employee must meet certain eligibility requirements, including that the employee’s required contribution for self-only health coverage (through the employer) exceeds 9.5 percent of the employees’ household income, or if the plan offered by the employer pays for less than 60 percent of covered expenses.

While hours worked by volunteers do not count toward the 50 full-time employee threshold, hours worked by part-time employees do count.

Employers are not required to offer coverage to ANY employee, but if the employer meets the definition of a large employer and does not meet minimum requirements of the PPACA, the employer will be penalized.

If a part-time employee obtains health insurance through an exchange, that will not trigger a penalty against their employer unless it is a large employer, and coverage was considered unaffordable.

If an employer does not offer insurance, but a full-time employee obtains insurance through a health care exchange, the penalty calculation against the employer is $2,000 per year multiplied by the number of full-time employees, excluding the first 30.

If an employer offers insurance, but full-time employees enter the exchange, the penalty is the lesser of (1) $3,000 annually for each employee entering the exchange, or (2) the penalty calculated for employers not offering insurance at all ($2,000 per year x the number of full-time employees, excluding the first 30).

Penalties are based on the number of full-time employees – not FTEs. FTEs are used only to determine if the employer qualifies as a large employer for the purposes of the PPACA.

The following chart from the Congressional Research Service (see references [33]) shows how to determine if an employer will pay a penalty starting in January 2015.  On July 17, 2013, Congress passed legislation delaying until January 2015 the employer requirements, employer penalties, and related reporting requirements specified under the PPACA.

This is just a brief overview of this very complex issue, and does not address all factors involved in the calculation of the “large” employer threshold or the possible imposition of penalties.

For cities staffing a fire department with part-time employees, any part-time firefighter who works more than 30 hours per week is a full-time employee for the purpose of the Patient Protection and Affordable Care act.

Fire departments may use part-time employees without having to offer them health care benefits as long as the part-time employees do not work more than 30 hours per week. This may involve hiring additional part-time firefighters and working them on a rotating system to keep the hours worked per firefighter to less than 30 per week.

Volunteers are not subject to the PPACA. Cities may continue to use volunteers and paid-on-call firefighters as described above, and those personnel are not considered employees for FLSA or for the PPACA.

Fire department administrators are encouraged to consult with their agency’s human resources department for more information on the PPACA and its applicability to fire department staffing.

References:
Bianchi, Alden J. 2010. The “Employer Responsibilities” Requirement of The Patient Protection and Affordable Care act: A View from the Weeds. http://www.mintz.com/newsletter/2010/Advisories/0321-0410-NAT-HCR/web.html [34]

Bianchi, Alden J. 2011. Treasury/IRS Propose Safe Harbor under Affordable Care act’s Employer Responsibility Rule for Determining “Household Income.” http://www.mintz.com/newsletter/2011/Advisories/1405-1011-NAT-ELB/web.htm [35]

Internal Revenue Service. 2012. Notice 2012-58. Determining Full-Time Employees for Purposes of Shared Responsibility for Employers Regarding Health Coverage (§ 4980H). http://www.irs.gov/pub/irs-drop/n-12-58.pdf [32]

Kaiser Family Foundation. 2012. Explaining Health Care Reform: How will the Affordable Care act affect small businesses and their employees? http://www.kff.org/health-reform/fact-sheet/explaining-health-reform-how-will-the-affordable-care-act-affect-small-businesses-and-their-employees/ [36]

Mulvey, Janemarie. 2013. Potential Employer Penalties Under the Patient Protection and Affordable Care Act (ACA). http://www.fas.org/sgp/crs/misc/R41159.pdf [37]

A cross-connection is an actual or potential connection between a potable (safe to drink) water supply and a non-potable (unsafe to drink) source, where it is possible for a contaminant to enter the drinking water supply.

In the residential setting, a cross connection is a direct link between a household water line and a contaminated source such as a garden hose, toilet tank, laundry tub, swimming pool, lawn sprinkler system, etc. The most common contaminants, such as pesticides, sewage, and detergents, can enter the public drinking water system through cross connections in home water lines. Most household cross connections are created by hoses. Under certain conditions, the flow in household water lines can reverse and siphon contaminants into the water supply. For example, using a garden hose to spray pesticides is normally harmless, but if the city's water supply is interrupted during the spraying, the potential for contamination exists. If water main pressure is reduced due to a water main break or nearby firefighting operations, a back siphonage effect is created.  This can draw pesticide from the sprayer through the garden hose into the household water lines and possibly the water main. The contamination may be localized (the home), or spread through the water mains to other areas.

The public water system can also be contaminated by an effect called backpressure. Backpressure results when the water supply is connected to a system under high pressure such as a hot water boiler for home heating or a portable pressure washer.  Since the pressure in these devices is higher than the normal home water supply, water can sometimes be forced backwards.  Contaminants in these systems, such as cleaners or soaps in a pressure washer, can enter and contaminate the public drinking water supply.

In the fire department setting, cross-connections occur when a garden hose or fire hose is submerged into the water tank when filling a fire truck, when pulling the residual pressure too low on a fire hydrant, and even when a fire engine is being filled directly from a fire hydrant.  An on-board foam system, such as a CAFS system, can introduce firefighting chemicals into the water system.  These are only a few examples, and many more exist. As in the residential setting, a fire department created cross-connection or backpressure problem can contaminate the public water system.

Tennessee Water Regulations
Tennessee Department of Environment and Conservation (TDEC) regulations affect the way any fire department uses fire hydrants connected to a public water system.  The current TDEC regulations took effect on January 1, 2006 and follow the 1996 Amendments to the Safe Drinking Water Act.  TDEC regulations emphasize the protection of the public water supply and the prevention of introducing pollutants and contaminants into water systems.

The original rules in Tennessee were adopted in June 1974, and have changed at least four times over the past 43 years. On October 29, 2005, TDEC adopted state water regulations requiring all communities having or installing water systems to protect the system against contamination and to identify fire hydrants connected to the system. These rules are from the Tennessee Department of Environment and Conservation, Bureau of Environment – Division of Water Supply.  The Rules and Regulations are issued under the authority of Public Acts of 1983, Chapter 324 where the Division of Water Supply is responsible for the supervision of all public water systems.

The purpose of these Rules and Regulations is to provide guidelines for the interpretation of T.C.A. § 68-221-701 et seq. and to set out the procedures to be followed by the department in carrying out the State’s primary enforcement responsibility under the Federal Safe Drinking Water Act.

The rules apply to all public water supply systems that provide water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.

According to the revised rule Paragraph (18) of Rule 0400-45-1-.17 Operations and Maintenance is amended in its entirety and substituting the following so that as amended the paragraph shall read:

(18) All community water systems planning to or having installed hydrants must protect the system from contamination. All water mains designed for fire protection must be six inches or larger and be able to provide 500 gallons per minute with 20 pounds per square inch residual pressure. Fire Hydrants shall not be installed on water mains less than six inches in diameter or on water mains that cannot produce 500 gpm at 20-psi residual pressure unless the tops are painted red.  Out of service hydrants shall have tops painted black or covered with a black shroud or tape.

Existing Class C hydrants (hydrants unable to deliver a flow of 500 gpm at a residual pressure of 20 psi) shall have their tops painted red by January 1, 2008.

The water system must provide notification by certified mail at least once every five years beginning January 1, 2008, to each fire department that has reason to utilize the hydrants, that hydrants with tops painted red (Class C Hydrants) cannot be connected directly to a pumper fire truck.  Fire Departments may be allowed to fill booster tanks on any fire apparatus from an available hydrant by using the water system’s available pressure only (fire pumps shall not be engaged during refill operations from a Class C hydrant).

The complete list of TDEC rules is available online at the Tennessee Secretary of State’s website at https://publications.tnsosfiles.com/rules/0400/0400-45/0400-45.htm [38]

So what does the fire department do: let the house burn down, or risk contaminating the water system? Either way, it is a matter of public health.

These are very good questions and should be decided before responding to a house on fire. A coordinated effort between the fire department and water utility is essential in protecting public health in these situations. In many cases, this cooperation has not always existed between the two departments. Issues related to locating fire hydrants have caused problems in many communities for years. One problem is locating fire hydrants strategic to fire department operations. The fire department’s view is typically not the same as the water utility’s view, especially in allowing for water system flushing. Who has the authority for properly locating fire hydrants? Different jurisdictions have different interpretations of this question. The answer should be that the fire department and water utility work together on these issues.

As required by Rule 0400-45-1-.17(18), the water purveyor must, at least once every five years, notify by certified mail every fire department served by that water system that certain fire hydrants cannot be used for firefighting. Most fire chiefs would say that this is pretty strong language but in the event of an emergency, decisions to use or not to use fire hydrants must be made. Who will assume the liability at the time of a fire where a fire hydrant is available but the fire department is not allowed to use it?  Who will assume the liability if the water system becomes contaminated? Water officials can be held personally liable for allowing the system to become contaminated. Many fire service leaders believe the restriction on using Class C fire hydrants is too unreasonable especially in the event of a possible rescue of a trapped victim.

Can people actually get sick from the fire department connecting to a Class C fire hydrant? Will this actually contaminate the water system? According to several recognized articles by the Federal Environmental Protection Agency, there have been documented cases where water contamination occurred due to something that a fire department did or did not do. This way of contamination is quite difficult to pinpoint although a backpressure situation can occur anytime fire apparatus is connected to almost any fire hydrant.

In most cases where waterborne disease outbreaks have occurred, they have resulted in nausea, diarrhea, and cramps, however it is possible in some cases to result in very serious illness and even death. Experts believe that most waterborne disease outbreaks are not recognized, so in truth, there may have been many times more than what is reported. According to the American Water Works Association (AWWA), “Cross-connection contamination can provide an opportunity for large amounts of biological material to enter the distribution system. These events generally result in noticeable change in water quality, including turbidity, increased content of solids, and undesirable tastes and odors.” However, in a report released by TDEC entitled “Tennessee Rural Water Needs Report” it states that only a very small percentage (less than 1%) of the domestic water used in a typical household is for drinking purposes. Therefore, if contamination does occur, there is a small chance that people will be adversely affected.

Fire officials have stated that fire departments seldom connect hard suction hose to fire hydrants, and therefore the possibility of causing a backpressure in a water system is minimal. Most fire departments use a soft vinyl hose to connect the pumper to the fire hydrant rather than the rigid hard rubber hose that was common many years ago. Unlike the hard suction hose, the vinyl hose will collapse as the residual pressure is dropped. Occasionally there could be a need for hard suction hose on a large fire but most fire departments do not carry hard suction hose any more. The exception to this is in rural areas where drafting from ponds or other surface sources is necessary or in tanker shuttle operations where a fire engine is used to draft from a dump tank. Regardless, using hard suction hose is a last resort operation for most fire departments.

The response to the observation that hard suction hose is seldom used is that it is still possible for the fire department, regardless of the type of suction hose used, to reduce the water pressure in the water mains to a point that results in back siphonage. The civil engineering definition of back siphonage is, “The flowing back of used, contaminated, or polluted water from a plumbing fixture or vessel into the pipe which feeds it; caused by reduced pressure in the pipe.” The possibility of back siphonage and potential contamination negates the argument that fire departments seldom use hard suction hose.

Why Communities Have Deficient Fire Flows
A community that discovers it has areas with deficient fire flows may wonder how that happened, and wonder why the water system and fire hydrants were installed while being inadequate for the community's fire protection needs. The reasons are many, but the most common reason a community has deficient fire flows is poor planning.

Water mains of four inches in diameter are adequate for supplying water for domestic use, such as for drinking, cooking, bathing, etc.  In many rural areas, four-inch mains were installed to allow for the development of homes.  However, a four-inch water main is incapable of supplying enough water to fight a fire.  In addition, TDEC regulations require water mains of six inches or larger for the installation of fire hydrants. It is possible that developers, planners, builders, and others who are not aware of the need for adequate fire flows did not consult with the local fire department during the planning and design phase of a project. This is a key reason why it is critical that the fire department be involved in the review of proposed residential and commercial developments in a community.

Another reason is that needed fire flows are not always available during the design phase of a water system project. Many other factors also determine actual flows and water main sizes to certain areas. Fire hydrants are also used to flush public water systems and many hydrants have been installed for this sole purpose. Nevertheless, inadequate and unmarked fire hydrants provide a false sense of security to the fire department and property owners.

To fight a fire effectively, firefighters must be able to determine hydrant flows immediately upon arrival. Fire hydrants should be immediately recognizable to firefighting forces as well as to the public.

Fire hydrants should be color coded to NFPA Standard 291, Recommended Practice for Fire Flow Testing and Marking of Hydrants, 2019 Edition. Color-coded fire hydrants provide an immediate visual indication of available hydrant flow. Without color-coding, firefighters cannot know the flow potential of a hydrant, especially if the firefighters are responding to a mutual aid call.

The hydrant barrel should be chrome yellow unless the jurisdiction has adopted another color for their hydrants (NFPA 291 § 5.2.1.1). Other highly visible colors used by communities include white, bright red, chrome silver, and lime-yellow. In jurisdictions where no standard color has been established, the most important aspect is consistency. Standard colors should be adopted which, preferably, are the same throughout the region.

Paint the top (bonnet) and nozzle caps (discharges) appropriate colors to indicate hydrant capacity (NFPA 291 § 5.2.1.2).

Fire hydrant bonnets and caps shall be coded as follows (NFPA 291 § 5.2.1.2):

NFPA recommends using reflective-type paint for easy identification at night (NFPA 291 § 5.2.1.3).

NFPA also recognizes that there are often functional differences in service provided by municipal and private hydrant systems. Therefore, NFPA specifies that non-municipal hydrants be painted a color that distinguishes them from municipal hydrants. Furthermore, violet has been established as the international color code for non-potable water. Therefore, hydrants supplied by non-potable sources should be painted violet (light purple).

The following body colors are recommended for fire hydrants:

One of the biggest mistakes made in color-coding a hydrant is the failure to reduce the residual flow pressure to 20 psi. Many departments will color code the hydrant at whatever the flow was without taking time to chart or calculate the actual flow at 20 psi. This requires extra work but can mean the difference in color-coding in up to 50 percent of the hydrants in a given system.

NFPA 291 recommends stenciling the rated capacity of hgh volume hydrants on the top (NFPA 291 § 5.2.1.5).

Many fire departments and water utilities do not know how to flow a fire hydrant properly. According to TDEC, there is no state regulation on how to flow a fire hydrant, but TDEC recognizes the American Water Works Association (AWWA) pamphlet # M-17 as the recognized standard for testing fire hydrants. Pamphlet M-17 is what both ISO and NFPA recognize as the approved method for flowing fire hydrants.

According to this standard, the proper way to test a hydrant and water main is to put a cap gauge on the test hydrant and take a static reading. Then proceed down stream to the next flow hydrant and back up stream to the closest flow hydrant and flow both at the same time. Use as many ports and sizes of discharges to make the largest drop in residual pressure. Record the pitot pressure at each flowing port and then record the residual pressure back at the test hydrant.

When the test is complete, five pieces of data will be used in determining the flow of the hydrant: the static pressure, the residual pressure, the flow (pitot) pressure, the size of the outlet flowing water, and the number of outlets open during the test. This information will be converted to gallons per minute by using a calculator or flow chart. The residual pressure will need to be charted to record the flow in gpm at 20 psi.

According to water experts, the multi-hydrant flow test method is the best and most accurate way to conduct a test. Doing single hydrant flow tests (i.e. where one hydrant is used to get the static, residual, and pitot pressures) is one reason so many communities seem to have so many red top hydrants. ISO will not recognize a single hydrant flow test.

MTAS has an Excel spreadsheet that one can use to calculate and document the results of fire hydrant flow tests. This resource is available on the MTAS website at this link: http://www.mtas.tennessee.edu/knowledgebase/fire-hydrant-flow-test-results-calculator [40].

MTAS has a model press release that a community can use to notify residents when fire hydrant flow testing is going to occur. This resource is available on the MTAS website at this link: http://www.mtas.tennessee.edu/knowledgebase/model-press-release-fire-hydrant-inspections-and-flow-testing [41].

MTAS has a model ordinance adopting by reference the NFPA fire hydrant color coding standards and establishing certain standards for fire flows and hydrants and use of some existing fire hydrants. This resource is available on the MTAS website at this link: http://www.mtas.tennessee.edu/knowledgebase/fire-hydrant-ordinance [42].

We all drink from fire hydrants and share a common goal to protect the water system. When using fire hydrants, fire departments have a responsibility for keeping our drinking water as safe as possible. A coordinated effort between the fire department and water utility is essential in protecting public health. Communities should identify and mark fire hydrants in all areas,and especially in areas with deficient fire flows. Once these deficient areas are identified, every stakeholder should be involved in creating, funding, and implementing a plan of corrective action to provide adequate fire flows to protect life and property. For efficient firefighting operations, communities should mark all fire hydrants in the community according to NFPA Standard 291. Good planning is needed to ensure that the community has adequate fire flows for fire suppression operations. The water supply represent 40% of the community's Insurance Service Office (ISO) rating, and cooperation is essential to meet everyone’s interests, to provide the adequate fire flows needed to protect life and property, and to keep the community's drinking water supply safe.

Emergency Medical Responder (EMR)
A person who has successfully completed the Emergency Medical Responder training course and has qualified by examinations to perform lifesaving interventions while awaiting additional EMS response and to assist higher level personnel at the scene and during transport, under medical direction. (Rule 1200-12-01-.04(1)(a)5).

Emergency Medical Technician (EMT)
A person who has successfully completed the Emergency Medical Technician training course, has qualified by examinations to perform pre-hospital emergency patient care, and provides basic emergency medical care, under medical direction, pre-hospital and during transportation for critical, emergent and non-emergent patients who access the emergency medical system. (Rule 1200-12-01-.04(1)(a)6).

Advanced Emergency Medical Technician (AEMT)
A person who has successfully completed the Advanced Emergency Medical Technician training course, has qualified by examinations to perform pre-hospital emergency patient care, and provides basic and limited advanced emergency medical care, under medical direction, pre-hospital and during transportation for critical, emergent,and non-emergent patients who access the emergency medical system. (Rule 1200-12-01-.04(1)(a)1).

Paramedic
A person who has successfully completed an accredited Paramedic Program at the certificate or associate degree level, has qualified by examinations to perform pre-hospital emergency patient care, and provides basic and advanced emergency medical care, under medical direction, pre-hospital and during transportation for critical, emergent and non-emergent patients who access the emergency medical system. (Rule 1200-12-01-.04(1)(a)8).

The scope of practice for each level is found in Rule 1200-12-01-.04(b) through 1200-12-01-.04(e). Renewal requirements as also found in Rule 1200-12-01-.04. Here is the link to the rules as published by the Tennessee Secretary of State: https://publications.tnsosfiles.com/rules/1200/1200-12/1200-12.htm [43]

As of October 1, 2010, Tennessee requires that an employer complete a background check before employing or contracting with any person who would be providing direct patient care. The relevant section from state law is quoted below.

Tennessee Code Annotated 63-1-149. Registry check.
(a) On and after October 1, 2010, before employing or contracting with any person who would be providing direct patient care, for whom a background check has not been completed, a health care professional licensed under any chapter of this title or title 68, chapters 24 and 140, shall initiate and perform a "registry check" which for the purposes of this section is defined as:

(1) A state-by-state look in any state in which the person has lived in the previous seven (7) years of the national sex offender public registry website coordinated by the United States department of justice, including, but not limited to, the sexual offender registry maintained by the Tennessee bureau of investigation pursuant to title 40, chapter 39, part 2; and

(2) Any adult abuse registry maintained for any state in which the person has lived in the previous seven (7) years; and

(3) The department of health's elder abuse registry established pursuant to title 68, chapter 11, part 10.

(b) Should an applicant be listed on any of the registries listed in subdivisions (a)(1)-(3), the health care professional shall not employ or contract with the person if the person would be providing direct patient care.

(c) A health care professional who complies with the requirements to perform registry checks under subsection (a), or relies on a documented representation provided by an entity with which the health care professional contracts that the person who will work in the office is not on any of these registries, shall not be subject to civil or criminal liability solely based upon the information provided through a registry check under this section. This immunity shall extend to a claim related to the professional's refusal to employ or contract with a person based on information obtained from a registry check.

(d) This section is not intended to apply to contracted, external staff who provide such services as cleaning services, maintenance of office or medical equipment or other services where direct patient contact is not intended.

(e) This section shall not apply to health care professionals licensed chapter 12 of this title.

(f) The department of health shall post no later than October 1, 2010, in a conspicuous location on its website as well as the website of each applicable licensing board a link to all potential databases the health care professional would be required to check pursuant to subsection (a). In addition, each applicable licensing board shall notify all of its licensees at least annually through board newsletters of their obligations under this section.

Fire departments have photographed and videoed fire training exercises and emergency responses for decades, and there is no doubt that photographs, videos, and audio files are useful tools for evaluating performance, training, and improving emergency response techniques and operations. Typically, in these instances, the photographer or videographer was a person who was there to record the event and was not involved in the emergency response or training exercise itself. The difference with a helmet cam or similar “person mounted” video recording device is that the person using the camera is most likely involved in the actual response and can perform duties and tasks without having to hold or think about using the camera. Since this person is involved in the emergency response, they are “right there” and the camera may record faces and sounds that would be missed by a bystander. Though not "person mounted," a cell phone or digital camera is very easy to use and is included when discussing the recording of fire department activities.

Tennessee Code Annotated § 10-7-503(a)(1)(A) states:

As used in this part and title 8, chapter 4, part 6, "public record or records" or "state record or records" means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.

There are two key provisions of this act concerning video and photographic recording devices. First, the audio/visual electronic data files produced by the camera are included in the definition of public record. Second, if a firefighter uses the video or photographic recording device while on duty or engaged in fire department activities, which includes activities inside the fire station, on the training ground, or on an emergency response, under Tennessee Code Annotated (T.C.A.) all such video and/or photographs would have been made “in connection with the transaction of official business.” Since the audio/visual file is a public record, the video or photograph is open to inspection under T.C.A. § 10-7-503(a)(2)(A). In addition, T.C.A. § 10-7-505(d) directs the courts to interpret the provisions of the Tennessee Public Records Act “broadly…so as to give the fullest possible public access to public records.” Finally, Tennessee courts have found that even in the face of serious countervailing considerations, unless there is an express exemption within the law, a record and/or information must be released.

The open records act is not limited to video and sound recorded by helmet cameras. There are eyeglasses that record video and sound, pocket recorders that record video and sound, cell phone cameras that record video, photographs, and sound, etc. No matter what device is used, any video, photograph, and sound recorded by fire department personnel “in connection with the transaction of official business” is subject to the Tennessee open records act. This being said, the firefighter's personal device with a public record on it could be confiscated as evidence for extended periods of time.

The potential liability for the use of a video recording device such as a helmet cam is significant, especially on emergency responses where a person may be injured and the camera may record information protected by HIPAA. Individuals should consider the potential liability, possible violation of privacy laws, and implications of making these “up close and personal” videos, as the mere existence of the video opens the door to public record requests under the Tennessee Public Records Act. Municipalities and fire departments must control what happens in the fire department and should adopt policies that regulate and/or prohibit the use of personally owned video and still photography cameras, including those on cell phones, and the use of these cameras on municipal property, in the fire station, on training exercises, and on emergency responses.

It is imperative that municipalities capture images and video of their staff serving diligently and professionally to build strong community relations. The entities must lead this effort by proactively capturing these images/videos, vetting the images/videos, and then pushing the images/videos act to the public rather than just taking what they get from whoever posts. Most images recorded as a public entity are public record but there are some images/videos that are not public record.

The following is an example enacted into state law May 2017. Chapter No. 255: HB0732/SB0442-Certain body camera (BWC) footage made confidential-Effective May 2, 2017. Amends T.C.A. § 10-7-504 by making BWC footage taken of a minor, taken within a school that serves grades K-12, the interior of a facility licensed as a healthcare, rehabilitation or mental health facility, or the interior of a private residence that is not being investigated as a crime, confidential. Provides that this provision will be deleted on July 1, 2022.

Purpose
This Standard Operating Procedure (SOP) provides guidelines for the prudent and consistent use of video, photographic, and audio recording devices such as, but not limited to, fire helmet cameras, pocket cameras, cell phone cameras, eyeglasses cameras, digital audio recorders, and similar recording devices by fire department personnel in connection with the transaction of official business or in the scope of employment. The purpose of this policy is to protect the confidentiality of fire department members, patients, and the public, the careers of fire department members, the reputation of the fire department, and the operations of the fire department.

Scope
This SOP discusses the benefits, operation, use, function, maintenance, permission, and consent aspects of the video, photographic, and audio recording devices. For the purpose of the policy, the term video recording devices is all inclusive of helmet-mounted cameras pocket video cameras, pen video cameras, eyeglasses cameras, cell phone cameras, digital audio recorders, and similar portable devices that record video, photographic, and/or sound files. The Fire Chief has the final authority to determine if a video recording device is subject to this policy.

Benefits
The benefits of a video recording device such as a helmet camera include documentation of events so the fire department may use the video and sound files for evaluation of current practices and procedures for efficiency and effectiveness, for determining if firefighter have mastered firefighting skills and evolution, for determining if fire personnel use all personal protective equipment as required, for training purposes, for fire investigation purposes, for documentation of events on fire and emergency scenes, for quality assurance/quality improvement review, and for “hot wash” critiques of the fire department’s operations on emergency responses. The fire department has a duty to weigh the potential benefits against the potential risk and liability should the files be misused.

Ownership of the Video, Photographic, and Sound Data Files

• Any video, photographic, and/or sound files gathered on scene of an incident, on the training ground, in and around the fire station, and in connection with the transaction of official business or in the scope of employment are and remain the property of the fire department.
• All video, photographic, and/or sound files gathered on scene of an incident, on the training ground, in and around the fire station, and connection with the transaction of official business or in the scope of employment are reviewable by the fire department administration and may be sequestered if they are likely to be used as evidence.
• Video, photographic, and/or sound files may not be distributed or shared in any manner without prior approval for the Fire Chief.
• Video, photographic, and/or sound files may not be posted, uploaded, emailed, distributed, or shared on such as but not limted to Facebook, YouTube, or etc.

Compliance with the Open Records Act
Any video, photographic, or audio recordings made in connection with the transaction of official business or in the scope of employment are public records under Tennessee Code Annotated § 10-7-503(a)(1)(A) with the exceptions identified under Tennessee Coe Annotated § 10.7.504(29)(u) Confidential Records Exception;. Retention of all images and recording files shall be governed by the department’s records retention policy and the Tennessee Open Records Act.

Prior Approval Required Before Use
Prior approval from the Fire Chief is required before a fire department member may use any video, photographic, and/or digital audio recording device such as, but not limited to, a helmet camera.

Use of the Recording Device
If approved for use, the use of the video, photographic, and/or digital audio recording device shall not delay any fire suppression or rescue activities.  If time permits, the video, photographic, and/or digital audio recording device may be used on responses except for Emergency Medical only calls and direct patient care.

Limited Use of the Recorded Images and Files
If approved for use, the use of the video, photographic, and/or digital audio recording files shall be limited to normal fire department and law enforcement investigations and documentation, trainig and public relatios, and not-for-profit use.  Recorded images and files may not be used for profit, commercial use, nor to endorse any product or service.

HIPAA Compliance and Privacy Requirements

• The video, photographic, and/or digital audio recording device may not be used to video or record private medical information or records
• The video, photographic, and/or digital audio recording device may not be used to record direct patient care.
• The video, photographic, and/or digital audio recording device may be used on rescue incidents. If the video, photographic, and/or digital audio recording device inadvertently records a patient care event, the fire chief will have the final authority in the use or purpose of the video, photograph, or audio files.

Eavesdropping and Illegal Activities
The video, photographic, and/or digital audio recording device shall not be used for any illegal activities such as eavesdropping, listening to, or recording private conversations, or making secret or hidden photographs.  Members found guilty of violating this policy will be terminated immediately.

Voluntary Consent to Use Video and Sound Files
An individual may give consent to use their name, photographic or audio/visual likeness, voice, and oral statements obtained in a video of a rescue, other emergency event, training exercise, etc. for use in training, education, or any other usage desired by the fire department. The consent shall be voluntary on the part of the individual. The individual must complete and sign the proper consent form. The person giving the consent must be over the age of 18: a minor may never consent to the use of their name and photographic likeness.

__________________________ Fire Department
Video, Photo, and Sound Files Usage Consent Form

I, ________________________________________ (print name) give consent to the _______________________________________ Fire Department to use my name, photographic and/or audio/visual likeness, voice, and oral statements in all forms and media in the video and sound files obtained on _____/_____/_____.for training, education, recruitment, uploading, downloading, and any other lawful purposes. This authorization is continuous and I can withdraw this authorization in writing at any time.

I understand and agree that I will not be compensated in any way for the use of my name and photographic or audio/visual likeness.

By signing this form, I waive and release the _______________________________ Fire Department and his/her/its officers, agents, employees, and heirs from any claim or liability relating to the use of my name, likeness, identity, voice, photographic image, audio/visual image and oral or recorded statements.

I am an adult, 18 years or older, and I have read and understand this agreement and I freely and knowingly give my consent to the __________________________________ Fire Department as described herein.

Name (print): ________________________________________

Address: ________________________________________

City: _______________________ State:_______ ZIP: ____________

Phone: ________________________________________

Signature: ________________________________________

Date: ________________________________________

Fire department rep: ________________________________________

Date: ________________________________________

Problems Confronting Local Government's Ability to Provide Water for Fire Service

1. There is a lack of resources to fund improvements to the water system, including fire hydrants.
Cities often are reluctant to increase the property tax rate, or increase water rates, to fund improvements in the water system that are needed to improve community fire protection, even though such improvements can lead to savings in homeowners’ insurance premiums. Elected officials should realize that the savings in insurance premiums can be used to pay for minimizing property loss, and to reduce the number of injuries and loss of life due to fires. The savings in homeowner insurance premiums usually offset the costs for fire service improvements.

2. Many water utility districts, both public and private, provide only potable water for consumption and do not provide water for fire service.
Although municipal governments in Tennessee are responsible for providing fire service, utility districts that struggle to provide water for consumption often think they are not responsible for fire service. Many utility districts are faced with the same lack of funds to finance improvements to the water storage and distribution system that would be beneficial to city fire service.

The typical response from many water utility managers is, “We are not in the fire protection business.” They may not, or do not, recognize that 40 percent of a community’s Insurance Service Organization (ISO) rating, which is used to set local property insurance rates, is based on the water utility system. Many water utility boards of directors are unaware what affect they can have on a community by providing good fire protection. The ISO rating for a community is based half on the fire department and almost half on the water service. If a water manager is doing the right things, he also must be concerned with fire protection. The water utility is not in the full-time fire protection business, but it is responsible for supply adequate fire flows to protect the properties that are at risk in the community. Fire departments must establish good working relationships with the water/utility system(s) that serve their fire protection area(s).

3. The water utility district is not materially linked to local planning.
A water utility district operating within a city, or the city’s urban growth area, is not required to comply with the city’s growth plans or the city’s subdivision regulations. A city cannot enforce its subdivision regulations within its urban growth area without permission from the county. Cities in Oregon and Washington, states with growth regulations similar to those in Tennessee, are authorized to require that utilities comply with local government planning regulations. Tennessee law does not require that utilities comply with a city’s local planning regulations or the 20-year growth plan required by Public Chapter 1101.

Many small-town mayors pose questions such as, “How can I require a public or private water utility district operating within my city and urban growth boundary to comply with the city’s subdivision regulations? How can my city provide water to the fire department to prevent the loss of property and life due to fires?” Invariably the answer is, regardless of any city police powers, subdivision regulations, county growth plans, or city land use plans, cities clearly lack the authority to direct a utility district to comply with its development regulations. Cities cannot require water utilities to install needed fire hydrants or replace substandard water mains, even if a developer or a city agrees to pay the cost.

Cities need to investigate innovative ways of providing fire service and innovative ways for funding those services, many of which are outlined in this report. Cities should not approve new development projects unless there is sufficient water available to provide the needed fire flows. The fire chief or fire official should have a seat at the review table when developers bring proposed developments to a community and asked for preliminary review and comments. An adequate water supply commensurate with the risk should be required as part of the approval process. Deficient water for fire protection should be grounds for rejection of the proposed development until an adequate water supply is available.

4. Local governments generally lack the authority to take over and upgrade water utilities operating within their political jurisdictions.
Although state law allows a city to take over a utility operating within its jurisdiction, federal law prevents such action if the utility has outstanding bond obligations for utility infrastructure within the area. Cities have been unsuccessful in getting needed federal law amendments that would allow them to take over the utility upon paying off the bond debt.

The fire department is one of every city’s greatest assets. Even though cities may allocate significant resources for fire equipment and facilities, they are confronted with the need for an adequate water supply and delivery system. The water supply and delivery system counts for 40 percent of the Insurance Service Organization grading system that determines, to a large extent, private and commercial property fire insurance premiums. All properties in a community have minimum needed fire flows, especially commercial and industrial occupancies, which range from 500 gallons-per-minute (gpm) to 3,500 gpm or more. A large factory or warehouse, for example, might have a needed fire flow of 5,000 gpm. If the water system is not capable of delivering the needed fire flow, the Insurance Services Office (ISO) considers that a deficient fire flow, which has a negative impact on the community's Public Protection Classification (i.e ISO Rating) and corresponding property insurance rates.

“Water is our most precious resource. This is especially true when considering firefighting applications. When it comes down to it, water is the fire department’s ammunition. Despite all the equipment, training, and efficiency of the firefighting personnel, an adequate water supply for firefighting plays the most important role in our ability to protect life and property from fire.” ^[2]

Not having an adequate and readily available supply of water for fire service can result in the following:

• High fire insurance premiums
• Inefficient and ineffective fire service
• A detriment to business and economic development; and
• High property loss and greater potential for injury and loss of life.

[2] Water Supplies for Commercial and Residential Fire Protection, Colorado Springs Fire Department.

Water System Regulations that Affect Fire Service
Minimum requirements for fire service are 500 gallons of water per minute (gpm) and water flows at 20 pounds per square inch (psi) residual pressure. This requires a minimum six-inch water main (see TDEC Regulation 1200-0400-45-01-.17(18)) for lower residential requirements. A professional engineer licensed in the state of Tennessee should determine the community’s water system storage capacity. Water is stored in standpipes, elevated water tanks, reservoirs, and clear wells at treatment plants. Many small-city fire departments take water from nearby streams, portable storage tanks, distant hydrants, and large tanker fire trucks. Tennessee fire departments are required to track the water usage from fire hydrants. and report the amount of water used to the local utility company.

Tennessee public water system regulations require that all community water systems planning to, or having installed, fire hydrants must protect the distribution system from contamination. Fire hydrants shall not be installed on water mains less than six inches in diameter, or on water mains that cannot produce 500 gallons per minute at 20 psi residual pressure, unless the tops are painted red. Out-of-service hydrants shall have tops painted black or covered with a black shroud or tape. Existing Class C hydrants (hydrants unable to deliver a flow of 500 gallons per minute at a residual pressure of 20 psi) shall have their tops painted red.

As of January 1, 2008, the water system must provide notification by certified mail at least once every five years to each fire department, that may have reason to use its hydrants, that fire hydrants with tops painted red (Class C hydrants) cannot be connected directly to a pumper fire truck. Fire departments may be allowed to fill the booster tanks on any fire apparatus from an available hydrant by using only the water system’s available pressure. (Fire pumps shall not be engaged during refill operations from a Class C hydrant.) While these regulations protect the water distribution system from contamination, they also speak to the need for an improved water source for Tennessee’s rural fire departments.

Fire Service Planning for Water
Most municipal subdivision regulations require six-inch water mains capable of delivering at least 500 gpm at a residual pressure of 20 psi, and they require that hydrants be installed no more than 1,000 feet apart or 500 feet from residential structures. Desired fire hydrant spacing for residential areas is to have fire hydrants spaced on 500-foot centers. For commercial and industrial areas, fire hydrants should be on 300-foot centers. Some commercial and industrial occupancies with needed fire flows exceeding 3,500 gpm may need hydrants to be spaced much closer in order to provide enough hydrants to meet the needed fire flow. With the use of GPS equipment, insurance companies now can more accurately determine the exact distance of a structure from a fire hydrant and charge the correct property insurance rate. Public and private water utility districts operating within a city and its urban growth area are not required to comply with municipal subdivision regulations that require the installation of fire hydrants. There often is a serious disconnect between municipal planning and the provision of water by utility districts and private utility companies. It is somewhat ironic that only the largest utility, usually the electric system or the telephone company, was required to participate in the development of the 20-year urban growth plan required by Public Chapter 1101, and utilities are not required to comply with the city’s growth plan.

According to Kevin J. Lauer, UT County Technical Assistance Service fire consultant, water systems typically can be designed and installed for fire protection with an increase in total project cost of only 4 to 10 percent over a potable system only. This is another area that will pay huge dividends over the next 10 to 15 years. He goes on to say that water systems and community development planning is a complex subject that local governments cannot afford to ignore. It is vital, not only for safety and property conservation, but also for the continued economic growth of a region.

Many communities in Tennessee want a water supply with six-inch or larger, depending upon the needed fire flow, water mains and community-wide fire hydrants. They want improved fire service to save lives and property; however, they complain about the affordability of such improvements. The Environmental Protection Agency (EPA) bases its affordability determinations on the criterion that a household with the median (50th percentile) income should be able to pay 2.5 percent of its pre-tax income for water. The 2015 median family income in Tennessee was $57,830. At 2.5 percent this affordability measure indicates that customers should be able to pay up to $120.48 per month for water. The average monthly water bill in calendar year 2000 for Tennessee cities with populations of less than 5,000 was $17.46. Most households in Tennessee are paying approximately one-sixth of the EPA affordability index amount. While the author is not advocating a six-fold increase in water rates, many families are paying considerably more for cable television service than for water service.

Reducing Costs
Studies by the Federal Emergency Management Agency’s United States Fire Administration indicate that installing residential fire sprinkler systems could have saved thousands of lives, prevented a large portion of injuries, and eliminated hundreds of millions of dollars in property losses. “Automatic sprinkler systems were the first and still are the foremost forms of automatic fire suppression system used throughout the world. With over 100 years of operating history and a 95 percent plus success record, these systems represent one of the most readily available means for effective fire suppression for a wide range of different occupancies. The success story for automatic sprinkler system in confining, controlling, and extinguishing developing fires in structures has been a phenomenon.” ^[3]

Using quick response sprinklers and approved piping, homes can be built or even retrofitted to include low-cost automatic sprinkler systems connected to the domestic water supply, lowering insurance rates by 5 to 15 percent. At present, the cost of a home sprinkler system is approximately $1 to $1.50 per square foot in new construction amounting to about 1 percent of total building cost. More than 270 communities ^[4] now have residential sprinkler laws. The use of residential sprinkler systems and smoke detectors remains the key to reducing the overall fire death toll, which amounts to 83 percent ^[5] of all fire deaths.

“A study based on 15 years of data from Scottsdale, Arizona, categorized fire damage in two types of homes — those with and those without sprinkler systems. Property loss due to a fire in a residential home with a sprinkler system was $2,166 compared to $45,019 in the home without a sprinkler system. A 12-year study of Prince George’s County, Maryland, reported fire damage in the home with sprinkler system amounted to $3,429 and, without, $326,752.” ^[6]

A residential sprinkler system can help communities with a deficient water system allow sub-division development where the needed fire flow would otherwise be inadequate. For example, a sub-division with homes no larger than 4,800 square feet, with between 11 and 20 feet of separation between homes, requires a minimum fire flow of 1,000 gpm. However, if all of the home in the sub-division were protected by a properly installed, NFPA 13 code compliant residential sprinkler system, the needed fire flow would be the demand at the base of the rise, or 500 gpm, which ever is greater. If the water system was capable of supplying 500 gpm, but not 1,000 gpm, the residential sprinkler system would provide the level of fire safety needed.

[3] Water Supply Systems and Evaluation Methods, Dr. Harry E. Hickey.

[4] Residential Fire Safety Institute.

[5] Ibid.

[6] Economic Analysis of Residential Fire Sprinkler Systems by Hayden Brown.

The ISO uses a grading system from 1 to 10 with 1 being the best and 10 representing a community without an effective fire service. Within this grading structure, a split class means that all properties within 1,000 feet of a water supply (usually a fire hydrant) are eligible for the first class (1-8).

Properties that are more than 1,000 feet from a water supply, but within five road miles of a fire station, are eligible for either a Class 9 alone or Class N/NX split classification, where the X signifies an area protected by a Class N fire department and the area lacks an adequate water supply. All properties more than five road miles from a fire station are Class 10. An example would be a 3/3X classification, where most of the properties are within 1,000 feet of a water supply and meet other fire standards (Class 3), and some of the community is more than 1,000 feet from a water supply but within five road miles of a fire station (Class 3X). The challenge to local government is to improve the fire service using the savings from an improved insurance rate classification.

The ISO rates community fire service in Tennessee. According to the Tennessee County Fire Handbook, “For areas without a public water supply system, the following flow rates must be achievable for a minimum of two hours:

The flow, measured in gallons per minute (gpm), must be established within 15 minutes from the alarm time.” ^[7]

[7] Tennessee County Fire Handbook, Kevin J. Lauer, County Technical Assistance Service.