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HomeMy WebLinkAbout04 160 Establish fire department THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT �l3 FFa BY-LAW BY-LAW NO. 2004 - 160 BEING A BY-LAW TO ESTABLISH AND REGULATE A FIRE DEPARTMENT IN THE MUNICIPALITY OF KINCARDINE WHEREAS Section 2 of the Fire Protection and Prevention Act, 1997 S.O. 1997, c.4 as amended, requires municipalities to establish a fire department; AND WHEREAS Section 5 of the Municipal Act, 2001 , S.O. 2001 , c. 25 provides that municipal powers be exercised by by-law; AND WHEREAS pursuant to the said Municipal Act, Sections 8 and 9 (1) provide municipalities with the powers of a natural person to enable them to govern their affairs as they consider appropriate under this or any other Act; NOW THEREFORE the Council of the Corporation of the Municipality of Kincardine ENACTS as follows: 1.0 In this by-law, unless the context otherwise requires: "Council" means the Council for the Corporation of the Municipality of Kincardine; "Committee" means the Corporate Services Committee for the Municipality of Kincardine; "CAO" means the Chief Administrating Officer for the Municipality of Kincardine; "EMS" means the Emergency Services Committee of the Municipality of Kincardine; "Treasurer" means the Treasurer of the Municipality of Kincardine; "Administrative means the person appointed by Council to act as the Fire Chief" Fire Chief for the corporation and is ultimately responsible to Council as defined in the Fire Protection and Prevention Act; "Station Chief" means a person appointed by Council to act on behalf of the Administrative Fire Chief either at the Kincardine or Tiverton Station in his/her absence; "Volunteer Fire means a firefighter who provides fire protection Firefighter" services either voluntarily or for a nominal consideration, honorarium, training or activity allowance; .. /2 Page 2 Establish and Regulate Fire Department By-law No. 2004 - 160 "Fire Protection includes fire suppression, fire prevention, fire safety Services" education, communication, training of persons involved in the provision of fire protection services, rescue and emergency services and the delivery of all those services; "Department" means the Municipality of Kincardine Fire Department; "Member" means an individual engaged as suppression staff for the Department and shall include an Officer; "Officer in Charge" means the most Senior Officer on scene; 2.0 A fire department for the Corporation of the Municipality of Kincardine to be known as the Municipality of Kincardine Fire Department is hereby established and the Head of the Department shall be known as the Administrative Fire Chief. 3.0 In addition to the Administrative Fire Chief, the Council shall appoint two Station Chiefs one for the Tiverton Station, one for the Kincardine Station and such number of other officers and members as from time to time may be deemed necessary by Council. 3.1 The Fire Department shall be structured in conformance with the approved organizational chart, (Appendix A), forming part of this by-law. 4.0 The Administrative Fire Chief may recommend to Council the appointment of any qualified person as a member of the Fire Department subject to the approved hiring policy of the Municipality of Kincardine Fire Department. 4.1 See Hiring Policy No. P.P.1 .4 (Appendix B). 5.0 A person is qualified to be appointed a member of the Department for fire fighting duties who: 5.1 is not less than 18 years of age; 5.2 has successfully completed at least Grade 10; 5.3 lives and work within the Municipality of Kincardine; 5.4 passes such aptitude tests as may be required by the Administrative Fire Chief of the Department; 5.5 is medically fit to be a member as certified by a qualified physician. 6.0 A person appointed as a member of the Department for fire fighting duties shall be on a probation for a period of six months during which period he/she shall take such training and examinations as may be required by the Administrative Fire Chief. 7.0 If a probationary member appointed to provide fire protection services fails any such examinations, the Administrative Fire Chief may recommend to Council that he/she be dismissed. 8.0 The remuneration of all members of the Department shall be determined by Council. ../3 Page 3 Establish and Regulate Fire Department By-law No. 2004 - 160 9.0 The Administrative Fire Chief is ultimately responsible to Council through the CAO for, the proper administration and operation of the Fire Department, including the delivery of fire protection services: 9.1 shall review periodically the policies and procedures, orders, rules and operating procedures of the Fire Department and may establish an advisory committee consisting of such members of the Fire Department as he/she may determine from time to time to assist him/her in his/her duties; 9.2 shall take all proper measures for the prevention, control and extinguishment of fires and for the protection of life and property and shall enforce all municipal by-laws respecting fire prevention and exercise the powers and duties imposed on him/her by the Fire Protection and Prevention Act 1997; 9.3 is responsible for the enforcement of this by-law and the general orders and departmental rules; 9.4 shall report all fires to the Fire Marshal as required by the Fire Protection and Prevention Act 1997; 9.5 shall submit to the Treasurer for approval, as required by the municipality, the annual estimates of the Department, which subsequently will be forwarded to the Council for approval. 10.0 The Station Chiefs shall report to the Administrative Fire Chief on the activities of the divisions that are his/her responsibilities and carry out orders of the Chief, and, in the absence of the Chief, has all the powers and shall perform all the duties of the Administrative Fire Chief within his/her station. 11.0 Each division of the fire department is the responsibility of the Administrative Fire Chief and is under the direction of the Administrative Fire Chief or a member designated by the Administrative Fire Chief. Designated members shall report to the Administrative Fire Chief on divisions and activities under their supervision and shall carry out all orders of the Administrative Fire Chief. C 12.0 The Division of Apparatus, Equipment and Communications, Firefighting and Training, are under the direction of the Station Chiefs who are responsible to the Administrative Fire Chief for the proper operation of each Division. 13.0 The Administrative Fire Chief is responsible for carrying out of the following duties of the Division of Administration: 13.1 provide administration facilities for the Administrative Fire Chief and Station Chiefs of the Department; 13.2 prepare the Department Budget and exercise control of the Budget; c ../4 Page 4 Establish and Regulate Fire Department By-law No. 2004 - 160 13.3 prepare the payroll of the Department and initiate requisitions for materials and services and certify all accounts of the department; 13.4 maintain personnel records; 13.5 arrange for the provision of medical services; 13.6 arrange for the provision of new buildings; 13.7 prepare the Annual Report of the Department; 13.8 carry out the general administrative duties of the Department; 13.9 provide liaison with the County Fire Coordinator; 13.10 assist the County Fire Coordinator in the preparation of a County Emergency Fire Service Plan and Program and Operating Procedures; 13.11 participate in the Emergency Services Committee in a Coordinator role. 14.0 The Administrative Fire Chief is in charge of the Division of Apparatus, Equipment and Communications and is responsible for the carrying out of the following duties of the Division: 14.1 prepare specifications for the purchase of apparatus and equipment; with assistance from the Station Chiefs.; 14.2 maintain and keep in repair all existing buildings, fire fighting, rescues and salvage apparatus of the Department; 14.3 modify apparatus and equipment; 14.4 provide recharging facilities for fire fighting extinguishers and breathing air cylinders and test and repair hose; 14.5 shall act as a liaison with the Municipality of Kincardine Public Works Manager in order to ensure an adequate flow of water in new waterworks projects and the adequate maintenance of existing water-works facilities for the use of the Department; 14.6 Issue clothing, equipment and cleaning supplies; 14.7 receive alarms and dispatch apparatus; 14.8 prepare specifications for new communication systems and for additions to existing communication systems; 14.9 maintain the communication systems of the Department; 14.10 prepare the Annual Report and Budget of the Division of Apparatus, Equipment and Communications to be submitted to the Division of Administration. ../5 Page 5 Establish and Regulate Fire Department By-law No. 2004 - 160 15.0 The Station Chiefs are responsible to the Administrative Fire Chief for the management and operation of the Division of Fire Fighting and for the carrying out of the following duties of the Division: 15.1 prevent, control and extinguish fires; 15.2 perform rescue and salvage operations (vehicle, building, construction, industrial) and render Defibrillator, First Aid, CPR, Oxygen Therapy; 15.3 provide Land Based Water/Ice rescue operations; 15.4 provide High Angle and Slope Rescue; 15.5 provide Hazardous Material First Responder at the Awareness level; 15.6 conduct, through the Division of Fire Fighting or the Division of Fire Prevention, investigations of fires in order to determine cause, origin, and where appropriate, to notify the authority having jurisdiction to conduct an investigation; 15.7 respond and assist at such emergencies as may be required by the Administrative Fire Chief; 15.8 participate in training in and outside of the Station; 15.9 conduct company fire prevention and familiarization inspections of premises; 15.10 perform apparatus maintenance and cleaning duties at the Station; 15.11 prepare the Annual Report and Budget of the Division of Fire Fighting to be submitted to the Division of Administration. 16.0 A Captain is in command of the crew to which he/she is assigned and is responsible to the Station Chiefs for the proper operation of that crew. 17.0 Where the Administrative Fire Chief or Station Chief designates a member • to act in the place of an Officer in the Department, such member, when so acting, has all the powers and shall perform all the duties of the officer replaced. 18.0 The Administrative Fire Chief is responsible for the carrying out of the following duties of the Division of Fire Prevention: 18.1 provide personnel to conduct fire prevention inspection of premises on request, complaint or when a known violation exist; 18.2 enforce Fire Prevention by-laws; 18.3 examine building plans; 18.4 provide personnel for fire prevention lectures & public education related to fire safety. ./6 Page 6 Establish and Regulate Fire Department By-law No. 2004 - 160 18.5 establish and maintain photography facilities; 18.6 maintain fire loss records; 18.7 receive, process and follow up reports of fire prevention inspections conducted under the Division of Fire Fighting; 18.8 prepare the Annual Report and Budget of the Division of Fire Prevention to be submitted to the Division of Administration; 19.0 The Training Officers are responsible for the carrying out of the following duties of the Division of Training: 19.1 conduct training for all personnel of the Department in Fire Administration, Fire Prevention and Fire fighting; 19.2 administer training program in and outside of the Station; 19.3 prepare and conduct examinations of members as required by the Administrative Fire Chief; 19.4 prepare the Annual Report and Budget of the Division of Training to be submitted to the Division of Administration. 20.0 The Safety Officer is responsible to the station chiefs to see that all operations of the department are carried out in a safe manner. 20.1 That all safety related items are brought forward to the Department either at regular meetings or special training. 21.0 The provisions of Section (21) with respect to the promotion of members does not apply to the Administrative Fire Chief or Station Chiefs who will be hired through the municipal Human Resource process: 21.1 Any member having at least three years of service with the Department may make application to the Administrative Fire Chief to qualify him/her for promotion to a rank immediately superior to his/her present rank. 21 .2 Every recommendation for promotion of a member made to the Committee by the Administrative Fire Chief shall be based on the evaluation of: 21.2.1 the results of examinations taken by the member; 21.2.2 the physical fitness of the member, and; 21.2.3 the fire and station record of the member. 21.3 When, in the opinion of the Administrative Fire Chief, all other factors for the promotion of two or more members is equal, seniority of service in the Department governs. ../7 Page 7 Establish and Regulate Fire Department By-law No. 2004 - 160 21.4 The fire fighting and station record of each member of the Department shall be evaluated by the Captain of each Crew. 21.5 The Administrative Fire Chief and the Station Chiefs shall evaluate all members of the Department who are participating in an examination for promotion. 21.6 Every applicant for promotion shall take such written, oral and practical examinations as may be required by the Administrative Fire Chief. 22.0 Every new member of the Department appointed for fire fighting duties is subject to a medical examination and at such other times as the Administrative Fire Chief may require. 23.0 Every member of the Fire Department upon attaining the age of 65 years must retire. All members attaining the age of 50 years shall have a yearly medical examination, on the forms provided by the Department and filed with the Administrative Fire Chief. If the cost of this medical is not eligible to be submitted to the Ontario Health Insurance Plan for payment, then the Department will reimburse said member for this expenditure. 24.0 Every member of the Department shall report for duty at the time prescribed by the departmental rules and shall remain on duty until relieved. 25.0 In the case of a member failing to report for duty, the Officer-in-Charge shall report this in writing through his/her Superior Officer, to the Administrative Fire Chief. 26.0 No member shall: 26.1 while in uniform, enter any premises where alcoholic beverages are sold or consumed, except in the performance of his/her departmental duties; 26.2 no person if his/her ability is impaired by the use of an intoxicating beverage or drug, shall report to duty; 26.3 while on duty, consume any intoxicating beverage or drug. 27.0 The Administrative Fire Chief may reprimand, suspend or recommend dismissal of any member for insubordination, in efficiency, misconduct, tardiness or for non-compliance with any of the provisions of this by-law or general orders and departmental rules in the opinion of the Administrative Fire Chief would be detrimental to the discipline and efficiency of the Department. 28.0 DISCIPLINARY PROCEDURES 28.1 Disciplinary action should be corrective, not punitive. ../8 Page 8 Establish and Regulate Fire Department By-law No. 2004 - 160 28.2 When a situation arises where the Administrative Fire Chief feels that disciplinary action may be required, he/she will gather all the facts and discuss them with the member prior to instituting any disciplinary measures. 28.3 The Administrative Fire Chief shall follow the progressive disciplinary steps as outlined below: a) The Administrative Fire Chief shall discuss the problem with the member and will give a verbal warning to the member. This discussion will be documented by the Chief. b) Where the infraction continues or is repeated, a clear written warning from the Administrative Fire Chief to the member, outlining the nature of the infraction, expected corrective action within a specified period of time, and consequences if the member fails to comply. A copy of this letter shall be filed in the member's personnel file. c) If necessary, a second written warning will be issued to the member, indicating that this is a final warning before more serious consequences will follow. A definite time period should be outlined for the member to correct his/her conduct. A copy of this letter shall also be placed in the member's personnel file, a copy provided to the CAO, and to the Committee. d) If the member does not meet the requirements set out in the letter, the Administrative Fire Chief shall meet with the CAO to determine appropriate disciplinary action (and obtain legal advice, if deemed necessary), which may include one or more of the following measures: (i) referral to counselling; (ii) withholding of a promotion; (iii) demotion; (iv) suspension with or without pay for a specified period of time; (v) dismissal from the department. 28.4 Following the suspension of any member, the Administrative Fire Chief shall report the suspension and his/her recommendations to the Committee and CAO. 28.5 A member shall not be dismissed without being afforded the opportunity of a hearing before the Committee, if he/she makes a written request for such hearing within seven (7) days after receiving notice of his/her proposed dismissal. 28.6 Following any hearing, the Committee's decision shall be final. 28.7 In the event of an action by a member which warrants immediate suspension or dismissal, the Committee may consider the matter immediately and take whatever action it considers appropriate. ../9 Page 9 Establish and Regulate Fire Department By-law No. 2004 - 160 29.0 COMPLAINT PROCEDURE 29.1 With the exception of such matters as are governed by the regulations made under provincial legislation, any member complaint shall be dealt with as follows: a) Members shall discuss with the Administrative Fire Chief any complaints, which he/she may have. b) If a member has a complaint that he/she feels has not been resolved to his satisfaction by discussion with the Administrative Fire Chief, he/she may, without fear of recrimination, discuss the complaint with the CAO. The CAO shall document the discussion and must reply to the complaint within two (2) working days. A copy of the reply shall also be provided to the Administrative Fire Chief. c) Failing a satisfactory settlement of the complaint, the member, without fear of recrimination, may within three (3) working days submit the complaint in writing in full detail to the Committee. d) The complaint will be placed on the confidential agenda of the next Committee meeting and the Administrative Fire Chief will be invited to attend. The member shall be invited to state his case, listen to the Administrative Fire Chief's reply, and then be required to withdraw. The Administrative Fire Chief shall also be required to withdraw. e) The Committee shall then consider the case and on reaching a decision, so notify the member in writing, with a copy to the Administrative Fire Chief. The Committee may defer a decision at its option to obtain additional information, but must render its decision within fourteen (14) working days. f) The Committee's decision shall be final. 30.0 The Department shall not respond to a call with respect to an emergency outside the limits of the municipality except with respect to a fire or emergency: 30.1 that in the opinion of the Administrative Fire Chief threatens property in the municipality or property situated outside the municipality that is owned or occupied by the municipality; 30.2 in a municipality with which an agreement has been entered into to provide fire protection, or; 30.3 on property with respect to which an agreement has been entered into with any person or corporation to provide fire protection therefore; 30.4 where, due to unforeseen circumstances, a fire or other emergency is found to be beyond the boundaries of the municipality and immediate action is necessary to protect life and/or property, the Municipality of Kincardine Fire Department will provide fire and emergency services on the site until the designated fire department arrives; ../10 Page 10 Establish and Regulate Fire Department By-law No. 2004 - 160 30.5 a call regarding the Bruce County Rescue Support system or the Bruce County Mutual Aid system. 31 .0 The words importing the singular number only shall include the plural and vice versa, and words importing the masculine gender shall include the feminine gender, and words importing persons shall include firms and corporations and vice versa. 32.0 That Town of Kincardine By-laws Numbers 1995-41 and 1996-53, Township of Bruce By-law Numbers 91-22 and 98-20, Kincardine Township By-law Numbers 91-26 and 98-17 and Village of Tiverton By- law No. 91-27 be and the same are hereby repealed. 33.0 This by-law shall come into full force and effect upon its final passage. 34.0 This by-law may be cited as the "Establish and Regulate Municipality of Kincardine Fire Department By-law". READ a FIRST, SECOND and THIRD TIME . and FINALLY PASSED this 20th day of October, 2004. Mayor lerk S S