Buffalo Fire Department Restricts Acting Out-of-Title Assignments to Improve Command Structure and Safety

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By MES Dispatch Staff

The Briefing

  • Buffalo Fire Commissioner Daniel Pizzaro issued a May 29 department order that restricts firefighters from temporarily serving in higher-ranking positions, limiting acting out-of-title assignments to specific circumstances only.
  • The practice, dating back to a 1984 collective bargaining agreement, allowed lower-ranking officers such as captains to assume battalion chief roles when superior officers were absent due to illness or staffing shortages.
  • Department leadership cited several major incidents, including the March 2023 fire that killed Buffalo Firefighter Jason Arno, where acting out-of-title assignments were identified as a contributing factor in safety lapses.
  • Under the new policy, the department will prioritize filling vacant command positions with available officers who hold that rank before assigning anyone to act in higher roles.
  • Buffalo Professional Firefighters Association President John Otto stated the union supports the policy change, saying it should improve firefighter safety and lead to safer emergency responses.

BUFFALO, N.Y. — The Buffalo Fire Department implemented a new policy restricting when firefighters can serve in higher-ranking positions, aimed at strengthening fireground command structure and safety, according to Fire Commissioner Daniel Pizzaro.

The May 29 department order, issued by Pizzaro, suspended the longstanding practice of assigning lower-ranking officers to act in higher-ranking roles during staffing gaps. The practice, established under a 1984 collective bargaining agreement, had allowed captains to temporarily serve as battalion chiefs and other officers to assume command roles when supervisors were unavailable due to illness, vacation, or other staffing issues.

Pizzaro said the previous system had become too informal in some areas and lacked the oversight needed to maintain clear leadership and accountability. He emphasized that officers serving in leadership roles should operate within the positions for which they have been trained, allowing them to fully use the skills and experience the city has invested in developing.

Under the revised policy, acting out-of-title assignments are permitted only in specific circumstances. If a battalion chief calls off a shift, the department will first attempt to locate an available battalion chief to fill the vacancy before assigning someone to act in that role. Pizzaro acknowledged that prioritizing higher-ranking officers to fill command positions could increase overtime costs but said the department will closely monitor the policy change’s financial impact.

Pizzaro linked the change to safety lessons learned from recent incidents. Firefighters acting out of title were involved in several major emergency calls, including the March 2023 fire that resulted in the line-of-duty death of Buffalo Firefighter Jason Arno. While Pizzaro stated that acting out-of-title status did not cause the incident directly, he noted that national investigations and internal reviews identified the practice as a contributing factor in safety lapses during fireground operations.

Buffalo Professional Firefighters Association President John Otto endorsed the policy change, stating that the union believes the new restrictions will improve firefighter safety and enhance the safety of emergency responses. The department has not released a timeline for any adjustments to staffing or training as the policy is implemented.

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