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HomeMy WebLinkAboutKIN 95 041 Repealed by No04 160 e e e e B'( fNLAWNO~ DATF~:l- W 2co4 THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1995-41 BEING A BY-LAW TO ESTABLISH A FIRE DEPARTMENT. WHEREAS Section 210 of the Municipal Act, R.S.O., 1990 provides that a Council may by by-law establish and regulate a fire department; . NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. In this by-law, "Board" unless the context otherwise requires: shall mean the Kincardine Town and Township Fire Board as established by By-law 1989-117; shall mean the Council for The Corporation of the Town of Kincardine; means the Kincardine Fire Department; "Council" "Department" "Member" shall mean an individual engaged as suppression staff for the Department and shall include an officer. "Municipalities" shall mean The Corporation of the Town of Kincardine and The Corporation of the Township of Kincardine. "Township Council" shall mean the Corporation of the of Kincardine. Council for Township The 2.0 A department for the Town of Kincardine to be known as the Kincardine Fire Department is hereby established and the head of the Department shall be known as the chief of the Department. 3.0 In addition to the chief of the Department, the Department personnel shall consist of a deputy chief and such number of division chiefs, captains and other officers and members as from time to time may be deemed necessary by Council. 4.0 The chief of the Department may recommend through the Board to Council the appointment of any qualified person as a member of the Department. . ./2 · · · . . e 5.0 By-Law Number 1995-41 Page 2 A person is qualified to be appointed a member of Department for fire fighting duties who: 5.1 is not less than 18 years of age; the has successfully completed at least Grade 10; passes such aptitude tests as may be required by the chief of the Department; 5.4 is medically fit to be a member as certified by a qualified physician. 5.2 5.3 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 shall take such training and examinations as may be required by the chief of the Department. If a probationary member appointed for fire fighting duties fails any such examinations, the chief of the Department may recommend to council through the Board that he be dismissed. 7.0 8.0 9.0 The remuneration of all members of the Department shall be determined by Council. The chief of the Department is responsible to for the proper administration and operation Department, for the discipline of its members, Council of the and; 9.1 may make such general orders and departmental rules as may be necessary for the care and protection of the property of the Department, for the conduct of the members of the Department and generally for the efficient operation of the Department, provided that such general orders and rules do not conflict with the provisions of any by-laws of the municipalities; 9.2 shall review periodically the policies and procedures of the Department and may establish an advisory committee consisting of such officers as he may determine from time to time to assist him in this duty; 9.3 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 by The Fire Marshall's Act; 9.4 is responsible for the enforcement of this by-law and the general orders and departmental rules; 9.5 shall report all fires to the Fire Marshall as required by the Fire Marshall's Act; 9.6 shall submit to Board for approval, as required by the municipalities, the annual estimates of the Department, which subsequently will be forwarded to the respective Councils for approval; 10.0 The deputy chief shall report to the chief of the Department on the activities of the divisions that are his 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 chief. ../3 By-Law Number 1995-41 Page 3 11.0 The Department is composed of the following divisions: · 11.1 the Division of Administration; 11. 2 the Division of Apparatus Equipment and communications; 11.3. the Division of Firefighting; 11.4 the Division of Fire Prevention; and 11.5 the Division of Training. · The Division Communications, the direction of the chief of the each Division. 12.0 of Apparatus, Equipment and Fire Fighting and Training, are under the deputy chief who is responsible to department for the proper operation of 13.0 The chief is responsible for carrying out of the following duties of the Division of Administration. Provide administration facilities for the chief and deputy chief of the department. Prepare the department budget and exercise control of the budget. 13.1 13.2 · 13.3 13.4 13.5 13.6 13.7 13.8 13.9 · 13.10 Prepare the payroll initiate requisitions services and certify department. of the for all department materials accounts of and and the Maintain personnel records. Arrange for the provision of medical services. Arrange for the provision of new buildings. Prepare the annual report of the Department. Carry out the general administrative duties of the Department. Provide liaison Coordinator. with County Fire the Assist the County Fire Coordinator preparation of a County Emergency Fire Annex and Operating Procedures. in the Service 14.0 The 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. 14.2 14.3 · 14.4 · 14.5 Maintain and keep in repair all buildings, fire fighting, rescues and apparatus of the Department. Modify apparatus and equipment. Provide recharging facilities for fire fighting extinguishers and cylinders and test and repair hose. existing salvage Shall act as a liaison with the Kincardine Public utilities Commission 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. ../4 By-Law Number 1995-41 Page 4 e 14.6 14.7 · 14.8 14.9 14.10 Issue clothing, supplies. Receive alarms and dispatch apparatus. cleaning equipment and Prepare specifications for new systems and for additions communication systems. communication to existing Maintain the communication Department. systems of the Prepare the annual report and Division of Apparatus, Communications to be submitted of Administration. budget of the Equipment and to the Division The deputy chief is responsible to the chief of Department for the management and operation of Division of Fire Fighting and for the carrying out the following duties of the Division: 15.0 · 15.1 the the of Prevent, control and extinguish fires. 15.2 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. 15.3 15.4 15.5 15.6 · 15.7 15.8 Perform rescue and render first aid. salvage operations and Respond and assist at such emergencies as may be required by the chief of the Department. Participate in training at stations. Conduct company fire prevention and familiarization inspections of premises. Perform apparatus maintenance duties at stations. and cleaning Prepare the Division of the Division annual report and budget of Fire Fighting to be submitted of Administration. the to 16.0 A Captain is in command of the company to which he is assigned and is responsible to the deputy chief for the proper operation of that company. 17.0 Where the Chief of the Department 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 office replaced. 18.0 The chief is responsible for the carrying out of the following duties of the Division of Fire Prevention. 18.1 Conduct fire prevention inspection of premises. · · 18.2 18.3 18.4 18.5 Enforce fire prevention by-laws. Examine building plans. Provide personnel for fire prevention lectures. Establish and maintain photography facilities. ../5 e . . · · · By-Law Number 1995- 41 Page 5 18.6 Maintain fire loss records. 18.7 Receive, process and follow up reports of prevention inspections conducted under Division of Fire Fighting. Prepare the annual report and budget of the Division of Fire Prevention to be submitted to the Division of Administration. fire the 18.8 19.0 The Deputy Chief is 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 stations. 19.3 Prepare and conduct examinations of members as required by the Chief of the Department. 19.4 the annual report and budget of Training to be submitted of Administration. the the Prepare division Division of to 20.0 The provisions of section (20) with respect promotion of members does not apply to the chief. to the deputy 20.1 Any member having at least three years of service with the Department may make application to the chief of the Department to qualify him for promotion to a rank immediately superior to his present rank. 20.2 Every recommendation for made to the Board by Department shall be based promotion of a member the chief of the on the evaluation of: 20.2.1 The results of examinations taken by the member¡ 20.2.2 The age and physical fitness of the member, and¡ 20.2.3 The fire and station record of the member. 20.3 When, in the op~n~on of the chief of the Department, all other factors for the promotion of two or more members are equal, seniority of service in the Department governs. 20.4 The fire fighting and station record of each member of the Department shall be evaluated as by the Captain of each Company. 20.5 The chief of the Department and the chief shall evaluate all members Department who are participating examination for promotion. deputy of the in an 20.6 Every applicant for promotion shall take such written, oral and practical examinations as may be required by the chief of the Department. 21.0 Every member of the Department appointed for fire fighting duties is subject to a medical examination at least once annually and at such other times as the chief of the Department may require. ../6 By-Law Number 1995- 41 Page 6 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 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. Every member of the Department shall report for duty at the time prescribed by the Departmental rules and shall remain on duty until relieved. 24.0 In the case of a member failing to report for duty, the officer-in-charge shall report this in writing, through the superior officer, to the chief of the Department. e 22.0 · 23.0 25.0 No member shall: · If his ability is impaired intoxicating beverage or permitted to remain on duty. 25.3 While on duty, shall consume any intoxicating beverage or drug. 25.1 25.2 While in uniform, shall enter where alcoholic beverages are sold except in the performance of his duties. any premises or consumed, departmental by the use of drug, shall an be 26.0 The chief of the Department 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 chief would be detrimental to the discipline and efficiency of the Department. 27.0 · Following the suspension of any Department shall report the recommendations to the Board. member the chief of the suspension and his 28.0 A member shall not be dismissed without being afforded the opportunity of a hearing before the Board, if he makes a written request for such hearing within seven days after receiving notice of his proposed dismissal. 29.0 · · The department shall not respond to a to a fire emergency outside the municipality except with respect emergency: 29.1 29.2 29.3 call with respect limits of the to a fire or that in the Department municipality municipality municipality¡ opinion of the chief of threatens property in or property situated outside that is owned or occupied by the the the the in a been or municipality with which an Agreement has entered into to provide fire protection, on property with respect to which an Agreement has been entered into with any person or corporation to provide fire protection therefor. ../7 · · · · · · By-Law Number 1995- 41 Page 7 Where, due to unforeseen circumstances, a fire or other emergency is found to be beyond the boundaries of the area established in this Agreement and immediate action is necessary to protect life and/or property, the Kincardine Fire Department will provide fire and emergency services on the site until the designated fire department arrives. 30.0 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. 29.4 31.0 By-laws No. 4582 and 1990-57 be and the same are hereby repealed. 32.0 This by-law shall come into full force and effect upon its final passage. 33.0 This by-law may be cited as the "Kincardine Fire Department, By-law". READ a FIRST and SECOND time this 6th day of July, 1995 . READ a THIRD time and FINALLY PASSED this 20th day of July, 1995. ~~ ~~ Clerk