Fire Brigade Commander (Bavaria)

A fire brigade commander designates the head of a volunteer fire brigade in Bavaria . The function of the fire brigade commander is a so-called electoral office, as the function holder must be elected. One of the central legal bases is Article 8 of the Bavarian Fire Brigade Act (BayFwG).

Election and appointment

The fire brigade members of the volunteer fire brigade elect their fire brigade commanders from among their number in a secret ballot. Fire brigade candidates who have reached the age of 16 and full-time workers are also entitled to vote. The term of office lasts 6 years. The municipality can appoint a fire brigade 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 municipality and a hearing from the district fire council are required before being appointed as fire brigade commander . Confirmation by the municipality can be refused if the elected person is unsuitable for professional, health or other reasons. The same rules apply to his deputy.

requirements

The fire brigade commander can only be elected and appointed who:

after reaching the age of 18
has served in a fire service for at least four years and
has successfully attended the prescribed courses ( head of a fire brigade and min. group leader ).

However, deviations from the prescribed courses can be made if, under the circumstances, it can be assumed that the person concerned will successfully attend such courses within a reasonable period of time. Unlike in other federal states, no precise period is given here, which is a reasonable period.

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. Furthermore, he is principally the head of operations in operations where the damage location is within his community area. Article 18 BayFwG regulates the details. If several fire brigades are deployed, the person in charge of the local fire brigade with the most resources in a municipality or, in the absence of such, has been entrusted by the municipality with the tasks in accordance with Article 16 paragraph 2 sentence 1 BayFwG can replace the commander of the damage location. If forces from professional fire departments arrive, the head of these forces takes over the task of command. In the case of plant fire brigades , the head of the operation is always in charge. It decides on the appointment of fire service personnel to certain ranks, because, unlike in the other federal states, there are, with a few exceptions, no specific requirements in Bavaria that must be met in order to receive a certain rank.

The fire brigade commander also decides whether to accept applicants for voluntary service in the volunteer fire brigade. Before admission, the fire brigade commander has to consider the personnel requirements of the volunteer fire brigade and the suitability of the applicant. He can also request a medical report here.

He can also partially or completely release fire service providers from the fire service if their suitability for service is impaired. In the event of gross breaches of duty, he can also exclude the fire service provider from the volunteer fire service entirely. In the event of such exclusions, however, the municipal administration must be informed.

compensation

Fire brigade commanders and their deputies who volunteer fire services are entitled to compensation based on the number of vehicles. Small vehicles (e.g. ELW 1 ) are taken into account with 30.30 € per month, large vehicles (e.g. HLF ) with 51 € per month. There is also an entitlement to travel expenses. Full-time fire brigade commanders and their deputies can receive compensation if they regularly do more than the usual fire service. The decision here lies with the municipality. The amount of the compensation is determined by the municipality. The compensation is to be paid monthly in advance, even if the fire brigade commander and his deputy cannot work in the fire brigade. The compensation must then continue to be paid for at least two months; on application, the municipality can also decide within the scope of its powers to pay the compensation for longer than two months.

Insinuation

The fire brigade commander is the superior of the fire brigade service providers of his fire brigade, they have to follow the instructions of the fire brigade commander. If several fire brigades are set up in a municipality, their fire brigade commanders cooperate in accordance with Article 16 paragraph 2 BayFwG. The fire brigade commander of the local fire brigade with the greatest resources or its equivalent within the meaning of Article 16 paragraph 2 sentence 1 half-sentence 2 BayFwG is of particular importance here. The commander's superior is the main administrative officer of his municipality (mayor or mayor). He is advised and supervised in accordance with the law and the implementing acts by the "special management ranks" at district level. In independent cities with a professional fire brigade, the head of these takes the role of special management ranks.

Powers over the population

Management ranks of the fire brigade, which also includes the fire brigade commander, can forbid entry to damaged areas and their immediate surroundings and expel people from there ( expulsion ) if the operation would otherwise be hindered. Immediate coercion through physical force and its aids may also be used accordingly in accordance with the provisions of the Police Tasks Act. He can only use these powers if there is no police at the scene.

In addition, the fire brigade commander, if he is the head of operations, can call on people to provide assistance for up to three days if this is imperative to avert a current danger to the general public and if the people to be called are not significantly endangered or other important obligations 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 an expropriation, the person concerned is to be granted compensation in accordance with the provisions of the Bavarian Act on expropriation subject to compensation.

Anyone who fails to comply with an enforceable order from the head of operations, does not comply correctly, completely or in time, or disrupts its implementation or contravenes a dismissal, is acting improperly and can be fined up to € 5,000.

The fire brigade commander and other executives can also restrict basic rights if the conditions of the deployment so require. These are the right to:

physical integrity, Article 2 GG and Article 99 I BV,
Freedom of the person, Article 8 GG and Article 102 I BV,
Free movement, Article 11 GG and Article 109 I BV,
Inviolability of the home, Article 13 GG and Article 106 III BV
Ownership of a thing, Article 14 GG and Article 103 I BV.

Rank and markings

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

District communities
Representing in large district towns, official title city fire chief
In large district towns and / or deputy in urban districts, official title city fire inspector
In independent cities, official title Stadtbrandrat

The ranks of the fire brigade commander and his deputy should be based on the number of active workers in his volunteer fire brigade in accordance with the notice of implementation of the Bavarian Fire Brigade Act (VollzBekBayFwG). Only commanders in municipalities belonging to a district wear their rank badge in addition to the above badge.

Deputy ranks:


up to 27 active fire-fighting master	Up to 81 active chief fire-fighting officer	up to 164 active fire chief	Up to 298 active chief fire chief	over 298 active main fire chiefs