§ 5–401. Area of service; division of District into fire companies; pre-hospital care and services; approval required for major changes in manner of fire protection.

(a) The Fire and Emergency Medical Services Department (“Department”) shall provide fire prevention and fire protection within the geographical boundaries of the District of Columbia. The District shall be divided into such fire companies, and other units as the Council of the District of Columbia may from time to time direct. Major changes in the manner the Department provides fire protection and fire prevention shall be approved by act of the Council.

(b)(1) The Department shall provide pre-hospital medical care and transport within the geographical boundaries of the District of Columbia. Major changes in the manner the Department provides emergency medical services shall be approved by act of the Council.

(2) Notwithstanding paragraph (1) of this subsection, the Department may contract with third parties to provide supplemental pre-hospital medical care and transportation to persons requiring Basic Life Support.

(3) A contract entered into pursuant to paragraph (2) of this subsection shall include a provision that precludes the District from liability for any claims arising out of the actions of the third-party contractor and also provides full indemnification to ensure that the District shall not be responsible for any amounts owed to others as a result of the third-party contractor's action or inaction under the contract.

(b-1) The Department shall establish a community cardiopulmonary resuscitation program to conduct cardiopulmonary resuscitation training and emergency medical application training for District residents and employees within the following District facilities:

(1) District of Columbia Public Schools;

(2) District of Columbia Public Charter Schools;

(3) District of Columbia Department of Parks and Recreation facilities; and

(4) Any other District of Columbia government buildings.

(d) Each third-party contractor that enters into a contract pursuant to subsection (b)(2) of this section shall provide an annual report to the Department and to the Council that includes the following information:

(1) The number of transports performed;

(2) The average time between the dispatch of the third-party contractor by the Department and the third-party contractor's arrival to the patient;

(3) Repealed.

(4) The average transport time from the location where the third-party contractor meets each patient to the healthcare facility to which the patient is transported;

(5) Repealed.

(6) Repealed.

(7) The range of third-party contractor ambulances available for Department use throughout a 24-hour period;

(8) The length of the third-party contractor's personnel shifts;

(9) The number of employees hired by the third-party contractor and their residency; and

(10) The number of patients who used the third-party contractor's services twice or more times during the reporting period, including the number of times the patient used the services during the previous 12 months.

(11) Repealed.

(12) Repealed.

(e) Repealed.

(e-1) No later than January 31 of each year, the Mayor shall provide to the Council a report that includes the following information for the previous fiscal year:

(1) The number of calls dispatched;

(2) The number of patients transported via Department Basic Life Support, Advanced Life Support, and by the third-party contractor;

(3) The average hospital drop time per month that the Department's and the third-party contractor's ambulances remained out of service while waiting to transfer the care of a patient to a healthcare facility;

(4) The number of patients who used the Department's transport service twice or more during the reporting period, including the number of times the patient used transport services during the previous 12 months;

(5) The number of total in-service training hours provided to Department uniformed employees;

(6) In-service time or uptime data for Department ambulances, engines, and ladder trucks;

(7) Aggregate Department response time data;

(8) Aggregate patient care and outcomes data;

(9) Changes to protocols or policies to reroute non-emergency calls;

(10) An assessment of the number of units, the number of personnel, the amount of training, and associated costs required to provide pre-hospital medical care and transportation without the use of third parties; and

(11) Other key performance indicators and workload measures as appropriate.

(f) Repealed.

(g) Repealed.

(h) For the purposes of this section, the term:

(1) "Advanced life support" means a level of medical care provided by pre-hospital emergency medical services at the paramedic level and in accordance with the national scope of practice for an advanced level provider.

(1A) "Basic Life Support" means a level of medical care provided by pre-hospital emergency medical services at the basic emergency response technician level and in accordance with the national scope of practice for a basic level provider.

(2) "Patient care report" means a paper or electronic document that details the patient's pre-hospital status and condition and medication administered by a member of the Department or third-party contractor, from the time of the emergency call to the handover of the patient to a healthcare facility.

(June 20, 1906, 34 Stat. 314, ch. 3443, § 1; Apr. 7, 1977, D.C. Law 1-111,§ 2, 23 DCR 9384; Apr. 15, 2008, D.C. Law 17-147, § 2(a), 55 DCR 2558; Mar. 25, 2009, D.C. Law 17-353, § 232, 56 DCR 1117; Sept. 20, 2012, D.C. Law 19-168, § 6012(a), 59 DCR 8025; Sept. 26, 2012, D.C. Law 19-171, § 38, 59 DCR 6190; Oct. 8, 2016, D.C. Law 21-160, §§ 3072(a), 3143, 63 DCR 10775; Apr. 7, 2017, D.C. Law 21-254, § 301(a), 64 DCR 2028; Oct. 30, 2018, D.C. Law 22-168, § 3062, 65 DCR 9388; Sept. 21, 2022, D.C. Law 24-167, § 3012, 69 DCR 009223.)

Prior Codifications

1981 Ed., § 4-301.

1973 Ed., § 4-401.

Section References

This section is referenced in § 5-401.01, § 7-2341.03, § 7-2341.07, and § 7-2341.23.

Effect of Amendments

D.C. Law 17-147 designated the existing text as subsec. (a); in subsec. (a), substituted “Fire and Emergency Medical Services Department (’Department’)” for “Fire Department”; and added subsec. (b).

D.C. Law 17-353 validated a previously made technical correction in subsec. (a); and, in subsec. (b), deleted “Fire and Emergency Medical Services” preceding “Department”.

The 2012 amendment by D.C. Law 19-168 added (c).

The 2012 amendment by D.C. Law 19-171 made a technical amendment to D.C. Law 17-147, § 2(a)(2), that did not change the text of this section.

Cross References

District of Columbia Residential, Commercial, and Institutional Structures Fire Protection Study Commission, see § 3-1101 et seq.

District of Columbia, territorial area, see § 1-101.

Expiration of Law

Section 3013 of D.C. Law 24-167 revived paragraphs (2) and (3) of subsection (b) and subsections (d) through (h) of this section.

Section 3013 of D.C. Act 24-470 revived paragraphs (2) and (3) of subsection (b) and subsections (d) through (h) of this section.

Section 3022 of D.C. Law 23-149 changed the expiration date provided in section 3073 of D.C. Law 21-160 from September 30, 2019 to September 30, 2023.

Section 3063 of D.C. Law 22-168 amended section 3073 of D.C. Law 21-160 proving that section 3072(a)(2)(C) and (3) of D.C. Law 21-160 shall expire on September 30, 2021.

Section 3073 of D.C. Law 21-160 provided that paragraphs (2) and (3) of subsection (a) and subsections (d) through (h) of this section shall expire on September 30, 2019.

Section 3073 of D.C. Law 21-160 provided that section 3072(a)(2)(C) and (3) of D.C. Law 21-160 shall expire on September 30, 2019.

Applicability

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the changes made to this section by D.C. Law 21-254 have been implemented.

Section 501(e) of D.C. Law 21-254 provided that the changes made to this section by D.C. Law 21-254 shall apply on the date the requirements of § 8-151.08a have been met.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the creation of this section by § 301(a) of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3012 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).

For temporary (90 days) amendment of this section, see § 3062 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 3062 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary change in the Fire and Emergency Medical Services Department to allow it to rotate the closing of no more than 8 companies on a daily basis, see § 202 of the Fiscal Year 1996 Budget Support Emergency Act of 1996 (D.C. Act 11-264, April 26, 1996, 43 DCR 2412).

For temporary (90-day) implementation of management reforms involving safety equipment and personnel, see § 1012 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

For temporary (90 day) addition, see § 3002 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).

For temporary (90 days) amendment of this section, see § 2 of the Fire and Emergency Medical Services Major Changes Emergency Act of 2013 (D.C. Act 20-150, August 5, 2013, 60 DCR 11817, 20 DCSTAT 2002).

For temporary (90 days) amendment of this section, see § 2 of the Emergency Medical Services Contract Authority Emergency Amendment Act of 2015 (D.C. Act 21-154, Oct. 16, 2015, 62 DCR 13701).

For temporary (90 days) amendment of this section, see § 2 of the Emergency Medical Services Contract Authority Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-282, Jan. 27, 2016, 63 DCR 1181).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the Fire and Emergency Medical Services Major Changes Temporary Amendment Act of 2013 (D.C. Law 20-42, Dec. 21, 2013, 60 DCR 14716).

For temporary (225 days) amendment of this section, see § 2 of the Emergency Medical Services Contract Authority Temporary Amendment Act of 2015 (D.C. Law 21-55, Jan. 30, 2016, 62 DCR 15597).

Editor's Notes

Relocation of Engine Company No. 3: Pursuant to Resolution 5-407, the “Relocation of Engine Company No. 3 Resolution of 1983,” effective November 1, 1983, the Council authorized the relocation of Engine Company No. 3.

Relocation of Engine Company No. 24 Resolution of 1994: Pursuant to Resolution 10-247, effective January 14, 1994, the Council authorized the relocation of Engine Company No. 24 of the Fire and Emergency Medical Services Department.

Closing of companies: For temporary changes in Fire and Emergency Services Department, see § 502 of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217), and § 802 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

Section 802 of D.C. Law 11-52 provided that, pursuant to D.C. Law 1-111, the Council approved the following changes in the Fire and Emergency Services Department:

(1) The Fire and Emergency Medical Services Department may permanently close Rescue Squad 4, located at 4930 Connecticut Avenue, N.W., and Truck Company 1, located at 500 F Street, N.W.

(2) The Fire and Emergency Medical Services Department may rotate the closing of no more than 5 companies on a daily basis.

Section 201 of D.C. Law 11-152, provided that pursuant to § 5-401, the Council approves the change in the Fire and Emergency Medical Services Department to allow it to rotate the closing of no more than 8 companies on a daily basis.

Section 404 of D.C. Law 11-198 provided that “notwithstanding any other provision of law, the Fire and Emergency Medical Services Department shall discontinue the rotational closing of any fire or rescue company after September 30, 1996.”

Section 405 of D.C. Law 11-198 repealed § 802(2) of D.C. Law 11-52.

Section 406 of D.C. Law 11-198 repealed § 201 of D.C. Act 11-279.

Section 1001 of D.C. Law 11-198 provided that titles I, II, III, V, and VI and §§ 405 and 406 of the act shall apply after September 30, 1996.

Section 1012 of D.C. Law 13-38 provided:

“(a) The Mayor shall direct the Chief of the Fire and Emergency Medical Services Department (’Department’) to establish as a funding priority for the Department, the purchase of equipment, including state of the art air masks and radios, and other articles identified in the Reconstruction Committee Report on the October 24, 1997, fire that resulted in the death of Sergeant Carter; and to implement a dual role/cross trained/firefighter/paramedic pilot program within the Department, using existing and other funds which may become available, including overtime funds, during Fiscal Year 2000.

“(b) The Mayor shall direct the Department Chief to deploy 2 Advanced Life Support Paramedics on 4 engine companies in the Department’s fleet. The Mayor shall direct the Chief to utilize existing or overtime funds to implement this project. The Mayor shall direct the Department Chief to consult with the Council before he determines which 4 engine companies will participate in the pilot program.”

Mayor's Orders

Redesignation of fire department: See Mayor’s Order 90-147, October 31, 1990.

Construction of Law

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.