Fire Brigade Commander (Baden-Württemberg)

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As a fire chief in Baden-Württemberg, the head of the local fire department is called. One of the central legal bases is Article 8 of the State Fire Brigade Act (FwG). The head of a local or community fire brigade is called the department commander .

Election and appointment

In the case of voluntary fire brigades, all active members of the community fire brigade elect the commander in secret from among their number. Department commanders are elected by the members of the local or community fire department. A regular term of office lasts 5 years. The mayor can appoint a (department) commander if no suitable successor has been elected within three months of the previous commander's departure. This appointment ends with the confirmation of an elected fire brigade commander. Confirmation by the municipal council is required before the appointment as (department) commander . This also applies to the deputy of the commanders or department commanders. Confirmation by the municipality can be refused if the elected person is unsuitable for professional, health or other reasons. The fire brigade commander, the department commanders and the deputies can be recalled by the municipal council after hearing the fire brigade committee. If the (department) commander is a full-time community employee, the (department) fire brigade committee must be heard before the appointment. This also applies to full-time deputies.

If there is an emergency department of the professional fire brigade, its official head is also the fire brigade commander.

Fire Brigade Committee

The fire brigade committee is to be elected by the members of the community fire brigade for a period of five years. The commander is the chairman of the committee. The articles of association must regulate:

  • composition
  • Electoral process
  • Rules of Procedure
  • Presence of departmental committees

The fire brigade committee or departmental committee must advise and support the (department) commanders. Before general local regulations affecting the community fire brigade, the fire brigade committee must be heard.

tasks

The fire brigade commander is responsible for the operational readiness and for the training of the volunteer fire brigade. He advises the community on questions of fire protection and technical support. To do this, he must set up an alarm and release order that is adapted to the local conditions and, if necessary, update it. He or the department commander decides on the appointment of the subordinate leaders ( platoon leader , group leader ). As chairman of the fire brigade committee, he plays a key role in the admission of new members, their dismissal and all important decisions of the committee. All fire brigade commanders in the relevant district are also to be heard when appointing the district fire chief. Furthermore, he is principally the head of operations in operations where the damage site is within his municipality. Within the area of ​​responsibility of a plant fire brigade , the head of the fire department generally leads the operation.

compensation

Fire brigade commanders and their deputies who volunteer fire services can receive appropriate compensation and travel expenses allowance in addition to reimbursement of the loss of earnings to which every fire service provider is entitled. The amount of the compensation is determined by the municipality.

Insinuation

The fire brigade commander is the superior of the fire brigade service providers in his fire brigade; they have to follow the instructions of the fire brigade commander. The commander's superior is the main administrative officer of his municipality (mayor or mayor). The supervisory authority is the superordinate authorities of the municipal code ( district , regional council ) and their fire department-specific representatives: district fire chief , district fire chief .

Powers over the population

As the head of operations, the fire brigade commander can issue orders to all persons present at the scene of operations, except for persons who perform statutory tasks outside of the Fire Brigade Act in the context of hazard prevention. He can also transfer this right to authorized persons (e.g. subordinates). Furthermore, he is entitled to call on people to provide assistance, as long as the people to be called are not significantly endangered or other important duties must be violated. He may also have things removed that hinder the operation. He may also instruct that emergency services enter and use other buildings, properties and ships for fire fighting or assistance. Owners, owners and other authorized users must follow the instructions given by the head of operations and tolerate other appropriate measures. The head of operations can oblige owners, owners and other authorized users to provide vehicles, extinguishing water, other extinguishing agents and other items suitable for fire fighting or assistance. If one of these measures results in damage to the motor vehicles used to provide assistance or if there is a loss of earnings for the person providing assistance, these are to be reimbursed to the person concerned by the municipality.

Anyone who fails to comply with an enforceable order from the head of operations, does not comply correctly, in full or in time, or disrupts its implementation or contravenes a dismissal, is acting improperly and can be fined.

In order to fulfill the tasks in the fire service, the following basic rights can be restricted if the conditions of the operation require it:

  • physical integrity, Article 2 GG
  • Freedom of the person, Article 8 GG
  • Free movement, Article 11 of the Basic Law
  • Inviolability of the home, Article 13 GG
  • Ownership of a thing, Article 14 GG

Rank and markings

Identification of the commander and his deputy on the service suit :

Individual evidence

  1. https://www.lfs-bw.de/Fachthemen/RechtOrganisation/Documents/Gesetze/FwG_Stand_30122015.pdf
  2. http://dejure.org/gesetze/GemO/119.html