§ 17-28-5. Appointment of county fire department personnel -- Volunteers.

(1)

(a) Except for the chief and deputy chief of a county fire department, all firefighter positions in county fire departments shall be filled by persons appointed from a certified county fire civil service register.

(b) County fire civil service registers for employment and promotion shall be prepared by the County Fire Civil Service executive director according to the requirements of this chapter and civil service rules.

(2)

(a) The chief and the deputy chief of any county fire department may be appointed from either the certified county fire civil service register or from qualified applicants outside of the county civil service system.

(b) The positions of chief and deputy chief are exempt from civil service status.

(c) A chief or deputy chief who is appointed from the certified county fire civil service register shall be returned to the civil service status that he held before his appointment after his appointment expires or terminates.

(3)

(a) All persons employed as firefighters, emergency medical technicians, or a combination of firefighter and emergency medical technician, shall be subject to the provisions of this chapter and shall be members of the County Fire Civil Service System.

(b) Other fire department employees who do not provide firefighter services are not considered subject to this chapter and shall be covered by the countywide merit system.

(4)

(a) A volunteer firefighter or paid-call firefighter is not subject to this chapter and is not a merit employee subject to the County Fire Civil Service System.

(b)

(i) Except as provided in Subsection (4)(b)(ii), a volunteer or paid-call firefighter may not work more than 1,040 hours per calendar year.

(ii) Notwithstanding Subsection (4)(b)(i), a wildland firefighter may work more than 1,040 hours per calendar year if approved by the county legislative body.

(iii) For purposes of this Subsection (4)(b), "wildland firefighter" means a seasonally employed firefighter who does not receive the same employment benefits as a full-time employee and who is hired to suppress wildland fires in areas outside of inhabited, urban areas.

Amended by Chapter 170, 1997 General Session