Sec. 1. (a) This chapter applies only to a firefighter who is a full-time, paid, nonprobationary member of a fire department.
(b) This chapter does not apply to any of the following:
(1) A member of the fire department who holds an upper level policy making position.
(2) A member of the fire department who holds a position in the fire department:
(A) that is not an upper level policy making position; and
(B) to which the member was appointed by the chief.
(3) A fire department, fire protection district, or fire protection territory having a merit system established under IC 36-8-3.5.