HomeMy WebLinkAboutKIN 95 041 Repealed by No04 160
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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Clerk