P.R. Laws tit. 25, § 331c
The Fire Chief shall have the duties and powers established below:
(a) To adopt rules and regulations that state in detail the functional organization and administration of the Firefighters Corps, the obligations, responsibilities and conduct of its members, as well as the insignias and uniform to be used by them and any other matter related to the operation of the Corps after prior consultation with the Office of Management and Budget. He may also adopt, amend and modify those regulations that are necessary and convenient to comply with the goals and objectives of this chapter.
(b) To adopt the rules and regulations needed for the personnel administration of the Firefighters Corps including those related to admission requirements, appointments, transfers, work schedule, specific salary norms, disciplinary measures, leaves, as well as specific standards for the promotion of its members pursuant to the standards and regulations established by the Central Personnel Administration Office.
(c) To adopt the rules and regulations needed to establish the admission requirements, obligations, responsibilities and conduct of the members of the Voluntary Firefighters Corps, as well as the uniform and equipment to be used by them.
(d) To carry out the investigations and examinations that are necessary concerning the acts of any officer or member of the Corps, or the manner in which matters related to prevention and extinguishing of fires are being administered in any district.
(e) To keep a register that includes a record of all fires and facts related to them, including statistics about their extent and the damage caused by them, whether the losses were insured and, if affirmative, up to what limits. This register shall be kept daily from the reports rendered by those in charge of each district. The above-mentioned reports shall be public documents.
(f) Render a report to the Governor of Puerto Rico and the Legislature, which shall contain a summary of all the activities carried out by the Corps during the year, with the corresponding statistics and including an inventory of hydrants at the national levels and the conditions thereof, no later than the second week of the month of January of each year.
(g) To carry out the investigations needed to determine the cause and origin of fires, and prepare the corresponding reports on these cases, without impairing the faculties of the Puerto Rico Police and the Department of Justice in the investigation and prosecution of criminal cases of arson.
The Chief shall immediately notify the Puerto Rico Police and the Justice Department in the event that the investigation by the Firefighters Corps reveals or contains information or indications of criminal conduct during a fire.
(h) To have absolute command and authority in cases of fires and fire alarms throughout the Island during the event or alarm, and over all devices, equipment and personnel in his charge. From time to time he may issue any emergency orders he deems necessary to govern those in charge of the district, salaried firefighters and voluntary firefighters.
(i) To request and receive donations of money and personal and real property from the federal government or from any natural person, public or private entity, be it in trust or in property or in any other manner. Provided, That donations shall be used exclusively to comply with the objectives of this chapter. When money or any other financial assistance is involved, the funds received shall be deposited in the Special Fund created by this chapter.
(j) To request and obtain technical services from any of the officials or employees of the Government of the Commonwealth of Puerto Rico that in his judgment are necessary to carry out the purposes of this chapter, after the employee’s working hours, without being subject to the provisions of § 551 of Title 3, with the prior authorization of the head of the agency concerned. He may also request the government agencies, and they may authorize, the assignment of public employees in that agency to carry out the purposes of this chapter.
(k) To collaborate with and advise those persons who so request it in the preparation of evacuation plans for buildings and structures during fire or emergency situations and in the execution of simulation drills of these plans.
(l) To contract for the technical and professional services he deems necessary to carry out the purposes of this chapter pursuant to the applicable laws and regulations.
(m) To enter into and execute such agreements, rental agreements, contracts and other instruments that are necessary or pertinent in the exercise of his powers and duties in accordance with the law and applicable regulations.
(n) To appear before the courts solely through the Secretary of Justice, to file actions that are in order according to the law and corresponding regulations.
(o) To adopt rules and regulations for the observance of adequate safety measures, exit facilities and the prevention of fires in sports and recreation facilities, in industries, commercial establishments, schools, hotels, hospitals, buildings used for exhibitions, assemblies or public shows, commercial multiple story buildings, as well as in common areas of residential multiple story buildings, public roads, and any other building, structure or lot not for residential use. Likewise, to adopt those rules and regulations in order to authorize the operation of recreational equipment. Said regulations shall require inspection by a mechanical engineer accredited and authorized to exercise his profession in the Commonwealth of Puerto Rico, shall further require a current public liability insurance, without impairing any other insurance that may be required by any other law or regulation. Likewise, any other persons that may be held liable for the maintenance and operation of said equipment shall also comply with this requirement. The regulations promulgated in accordance with the purposes of this chapter shall prevail over any other regulations on the same matter.
(p) To adopt rules and regulations to establish the maximum number of persons allowed in those buildings or structures destined for exhibitions, assemblies, public spectacles or commercial use, for the purpose of offering adequate safety conditions for the speedy evacuation of their occupants.
(q) To charge for the inspections of buildings, apartments, premises, lots or any private or quasi-public structure, held not later than five (5) working days from the date requested.
In the particular case of the individual inspections of the total number of booths of the artisans, plastic arts practitioners, writers, editors and other creative artists of a similar nature who participate in fairs and artistic and cultural events organized, directed or sponsored by government agencies and/or non-profit entities shall be deemed as a single inspection for the payment of the inspection no matter the number of individual booths involved. The charge for said inspection shall be one hundred dollars ($100) for the total number of days said event may last and/or the activity in question. The cost of said inspection shall be assumed by the government agencies and/or non-profit entities and shall not be transferred to the artisans, plastic arts practitioners, writers, editors and other creative artists of a similar nature who participate in fairs and artistic and cultural events with individual facilities for exhibiting and selling their works. The charge for the inspection in the case of activities organized by private entities who do not qualify as non-profit organizations shall be determined by the Firefighters Corps through regulations; however, said charges may not be transferred by said entities to the groups herein mentioned and exempted.
(r) Charge the health insurance plans for the medical emergency services within the mainland of the Island and its island municipalities.
(s) Adopt the rules and regulations needed to implement the previous subsections (q) and (r) of this section.
(t) To request and obtain from any industry or commercial establishment that uses, stores, or produces hazardous materials, a written notification of the presence of said hazardous materials in their land, building, or structure. The requested notification must detail the type of hazard, as set forth in 49 CFR 172.101, or in 40 CFR 370.20, and following, of each hazardous material, as well as the site within the installations of the industry or commercial establishment in which said materials are commonly located. The industry or commercial establishment must also inform the exact locations to which their hazardous wastes are sent or dumped. The requested information must be evaluated periodically and analyzed by the personnel designated by the Auxiliary Chief of the Fire Prevention Bureau, and the results of that evaluation and analysis shall be immediately referred to the fire station that serves the site at which the industry or commercial establishment in question is located.
(u) To inspect the operating condition of hydrants (fire hydrants), report the findings to the Aqueduct and Sewer Authority so that the latter may proceed to repair them, as provided in subsection (r) of § 144 of Title 22, and to identify fire-prone communities. For such purposes, he/she shall create a work plan with the Aqueduct and Sewer Authority that shall take into consideration the following aspects:
(1) The development of an inter-agency structure;
(2) the continuous evaluation, revision and update of the information, and of the inspection, operations and preventive maintenance procedures in effect;
(3) the development of a plan for citizen awareness on the importance of protecting fire hydrants, and
(4) the evaluation of new ideas whose purpose is to help fire hydrant conservation.
(v) To authorize the payment of funeral services expenses of the members of the Firefighters Corps up to a maximum of two thousand dollars ($2,000), when they had died in the line of duty. This payment shall be chargeable to the operating expenses of the Puerto Rico Firefighters Corps and not later than ten (10) working days following the date of the passing of the member of the Corps. Such transaction shall be independent from any other compensation or benefit to which the spouse or the dependents of these public officials are entitled.
History —June 21, 1988, No. 43, p. 163, § 5; Dec. 22, 1994, No. 148, § 1; renumbered as § 6 on Aug. 12, 1995, No. 199, § 3; Dec. 18, 1999, No. 345, § 1; Aug. 10, 2002, No. 162, § 1; Jan. 2, 2003, No. 33, § 2; Aug. 16, 2003, No. 184, § 1; Sept. 29, 2004, No. 494, § 2; Jan. 23, 2006, No. 25, § 1; Aug. 4, 2009, No. 51, § 1.