CHAPTER 30-1
GENERAL PROVISIONS

30-1-1. Title.

This title shall be known as the “Fire Protection and Emergency Services Code” and shall supersede all previous codes in conflict herewith.

(Enacted by PBP TC No. 2016-282, August 18, 2016)

30-1-2. Need, Purpose, Priority, Scope.

(A)    The Tribal Council of the Prairie Band Potawatomi Nation (“Nation”) hereby declares that there is a need to ensure effective fire prevention, suppression, regulation and emergency services exist for the Nation’s reservation lands. For the purposes of this code, “reservation lands” shall mean the land within the exterior boundaries of the Prairie Band Potawatomi Nation Reservation and all tribal owned lands located outside the exterior boundaries of the Prairie Band Potawatomi Nation Reservation.

(B)    The general purpose of this code is the protection of life, property and the environment through the direct involvement of the Potawatomi Tribal Fire Department in fire prevention, firefighting, emergency medical care, technical rescue, hazardous materials mitigation, disaster response, public education and community service.

(C)    The scope of this code includes but is not limited to:

(1)    The establishment of regulations pertaining to fire prevention and the avoidance of fire hazard, including the authority of the Potawatomi Tribal Fire Department necessary to:

(a)    Inspect premises located on the Nation’s reservation lands to establish compliance with this code;

(b)    Maintain a schedule of fines subject to approval by the Tribal Council; and

(c)    Take other regulatory enforcement actions as specified by this code.

(2)    The establishment of regulations pertaining to the generation, storage (temporary or permanent) and/or transportation of hazardous chemicals or other dangerous substances, including the authority of the Potawatomi Tribal Fire Department necessary to:

(a)    Inspect vehicles and storage facilities;

(b)    Maintain a schedule of fines, subject to approval by Tribal Council; and

(c)    Take other regulatory enforcement actions as specified by this code.

(Enacted by PBP TC No. 2016-282, August 18, 2016)

30-1-3. Jurisdiction and Severability.

This code and regulations promulgated under it shall apply to all persons, property, and events, to the extent not prohibited by federal law, on the Nation’s reservation lands which shall include all land within the exterior boundaries of the Prairie Band Potawatomi Nation Reservation and all tribal owned land outside of the exterior Reservation boundaries. If any provision, part or parts of this code or the application thereof is held to be unconstitutional or invalid by a court of competent jurisdiction, the same shall not affect the validity of the remaining portions of this code.

(Enacted by PBP TC No. 2016-282, August 18, 2016)