However, if on September 1, 1985, a fire department was using sixty-three (63) hours as the maximum average number of hours a member could work a week, the department may continue to use that figure as the standard. A member may not be on duty more than twenty-four (24) consecutive hours and must be off duty at least twenty-four (24) consecutive hours out of any forty-eight (48) hour period. Each member is entitled to an additional twenty-four (24) consecutive hours off duty in every eight (8) day period.(b) Notwithstanding subsection (a), in case of emergency, or if the personnel of the fire department has been reduced below its regular strength because members are serving in the armed forces of the United States, the chief of the fire department, the assistant chief, or other officer in charge may assign a member of the fire department to continuous duty during the emergency.(c) A fire department may deviate from the required maximum work hours described in subsection (a) only if authorized ay assign a member of the fire department to continuous duty during the emergency.(c) A fire department may deviate from the required maximum work hours described in subsection (a) only if authorized by a collective bargaining agreement, memorandum of understanding, or other similar written mutual agreement with an exclusive recognized representative (as defined in IC 36-8-22-5) of employees of the fire department.[Pre-Local Government Recodification Citation: 19-1-35-1.]As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.343-1985, SEC.1; P.L.43-2024, SEC.1.
Indiana Legal Code