HomeMy WebLinkAboutKIN 89 117 Joint Fire Protect
THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO.1989 - 117
JOINT FIRE PROTECTION AGREEMENT BY-LAW
WHEREAS The Council for The Corporation of the Town of Kincardine
deems it advisable to amend the agreement with The Corporation of
The Township of Kincardine concerning a joint fire protection
agreement.
NOW THEREFORE the Council of The Corporation of the Town of
Kincardine ENACTS as follows:
1.0 The mayor and clerk are hereby authorized to sign, on behalf
of the Corporation of the Town of Kincardine the attached
agreement with The Corporation of The Township of Kincardine
concerning joint fire protection.
2.0 This By-law shall be known as the "Joint Fire Protection
Agreement By-law".
3.0 That By-law 1989-65 passed on the 20th day of November, 1989
be and the same is hereby repeated.
4.0 This by-law shall come into full force and effect upon its
final passage.
READ a FIRST and SECOND time this 7th day of
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READ a
1989.
time and FINALLY PASSED this 7th day of .December,
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THIS AGREEMENT made this /8 day of December , 1989 .
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
(hereinafter called the "Town" )
AS PARTY OF THE FIRST PART
- AND -
THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
(hereinafter called the "Township" )
AS PARTY OF THE SECOND PART
WHEREAS in past years the Town has supplied Fire Fighting and
Emergency Services to the Township by a formal Fire Agreement ;
AND WHEREAS Section 208 ( 5 ) of The Municipal Act, R.S.O. 1980 ,
Chapter 302 , as amended , allows for the entering into of an'
agreement by one or more municipalities to provide for the joint
management and operation of the Fire Department and for the
establishment of a Joint Board of Management ;
AND WHEREAS the parties hereto have agreed to mutually share the
services hereinafter described in connection with the maintenance
and operation of the fire department known as "The Kincardine Fire
Department" available at all times for the purpose of fire
protection in the area defined in this Agreement ;
NOW THEREFORE this Agreement witnesseth that in consideration of
the mutual covenants and promises herein contained , the parties
agree as follows :
1 . (a ) Fire protection for the purposes of the Agreement shall
mean prevention, rescue and suppression services .
2 . (a) The Joint Board of Management (hereinafter called "the
Board" ) for the Kincardine Fire Department shall be
created .
(b) The Board shall be composed of three members of Council
from the Town and two members of Council from the
Township. The mayor of the Town and the reeve of the
Township shall be ex-officio members of the Board .
(c) The Board shall appoint a Chair from among the members
of the Board for a one-year term and such appointment
shall alternate between the Town and the Township.
(d ) The Board shall hold monthly meetings in addition to any
additional meetings deemed necessary or at the request
of the Fire Chief . Special meetings may be called by the
Chair or on a petition by the majority of the Board .
(e ) Minutes of all Board meetings shall be recorded and kept
by a person appointed by the Board and shall be forwarded
to the Town and the Township.
( f ) The Fire Chief or his designate shall attend all
meetings .
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(g ) Any vacancy on the Board shall be filled within thirty
days by an appointment from the Council of the
Municipality in which the vacancy was created .
(h) Save and except as otherwise agreed in the Agreement,
all decisions of the Board shall be made by a decision
of the majority of the members with the Chair being
allowed to vote on all matters . All decisions shall be
made by written motion. The Chair shall preside at all
meetings of the Board and affairs of the Board . Each
member shall have one vote.
( i ) A quorum shall consist of two representatives of the Town
of Kincardine and one representative of the Township of
Kincardine .
3 . (a) The Board shall be responsible for the preparation of
legislative by-laws governing the rules , regulations and
administrative duties of the Kincardine Fire Department
and the Joint Board of Management for presentation to
both councils for consideration and approval and such
rules shall be approved by both municipalities before
becoming effective . Within the scope of such legislative
by-laws the Board may formulate policies , rules and
regulations relating to the day to day administration of
the Kincardine Fire Department and the Board .
(b) The Kincardine Fire Department shall be under the general
control , supervision and direction of the Kincardine Fire
Department Joint Board of Management and the said Fire
Department and Board are to be empowered by a by-law of
each of the parties to carry out all duties and
obligations assigned to each party under this agreement.
(c) The Board shall provide adequate facility and apparatus
to operate the Fire Department within the approved
operating and capital budgets .
(d) The Board shall authorize the Fire Chief to purchase the
necessary equipment and supplies to keep the apparatus
and equipment in proper operating condition within the
approved operating and capital budgets .
(e ) In the event of an unforseen situation requiring
immediate repairs and/or replacement of emergency
equipment, the Board Chair may authorize the Fire Chief
to undertake such repairs and/or replacement.
4 . (a) The Board shall be responsible to provide fire protection
services through the Kincardine Fire Department to the
area described in Schedule "A" attached hereto and
forming part of this Agreement.
5 . (a) The Board shall prepare an annual budget both operating
and capital, and five year capital proposals for
presentation to the treasurers of both the Town and the
Township no later than the 30th day of November in each
year .
(b) The Town will be responsible for all treasury functions
for the Kincardine Fire Department including receipt and
disbursement of funds and preparation of an annual
financial statement . Monthly financial statements shall
be provided to the Fire Chief .
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(c) Each of the parties to this Agreement agrees to pay
towards the operating and capital budgets of the
Kincardine Fire Department its percentage share on an
annual basis .
(d ) The percentage share of each of the parties shall be
determined annually by adding together the total
equalized realty assessment (which shall include
residential , farm, commercial , industrial , exempt lands
and buildings ) of the areas to be protected in each
municipality as described in Schedule "A" hereto and the
percentage share of each municipality shall be the
percentage its individual equalized realty assessment
bears to the total equalized realty assessments of both
the parties .
(e ) For the purpose of the Agreement, the market value of
realty assessment of the parties in each year shall be
those assessments as determined by the Minister of
Revenue of the Province of Ontario as at the 31st of
March in each year and the percentage share of each of
the parties hereto shall be revised annually in
accordance therewith.
( f ) The Treasurer of the Town shall no later than the 15th
day of February of the current calendar year submit to
the parties to this Agreement a non-audited statement of
revenue and expenditure for the Fire Department for the
previous year showing any projected surplus or deficit.
6. (a) The annual total budget of the Kincardine Fire Department
shall include all revenues and expenses anticipated for
the year for the said Fire Department . The operating
budget shall take into account any surplus or deficit
from the preceding year ' s operation of the Fire
Department, negotiated wage and benefit packages and all
other costs and revenues of the said Department.
(b) The budget proposal shall be presented to each
participating party prior to the end of January for
consideration and approval by Council thereof .
(c) In the event that the parties are unable to agree on the
budget, such disagreement shall be submitted to
arbitration under the laws of the Province of Ontario,
and the parties jointly and severally agree to be bound
by such award and that no appeal shall be taken
therefrom. Upon notice of arbitration being delivered
by one party to the other, the party delivering such
notice shall designate an arbitrator and the other party
shall, within ten ( 10 ) days thereafter , likewise
designate an arbitrator . The two arbitrators so chosen
shall appoint a third arbitrator who shall act as
chairman and any award concurred to by a majority of the
arbitrators shall be binding upon the parties . Should
either of the parties fail to select an arbitrator , or
should the arbitrators selected by both parties be unable
to agree upon a third arbitrator , then the said
arbitrator or arbitrators , as the case may be , shall be
designated and appointed in a manner provided by the
Arbitration Act (Ontario) .
(d) For purposes of this section, operating costs shall deem
to be the total Fire Department budget, but shall not
include hydrant rentals paid to the Kincardine Public
Utilities Commission.
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7 . The Township will pay its percentage share to the Town in
equal quarterly installments from the 15th day of March, June,
September and December . If the budget is not adopted by March
15th, one quarter of the previous year ' s payments would be due
on that date with any necessary adjustments to be made on the
June installment.
8 . The parties shall give such authority as may be necessary to
the members of the Kincardine Fire Department within the area
`-- as set out in Schedule "A" , in all matters related to fire
prevention, fire regulations , fire extinguishment and rescue
including such matters as traffic regulation and crowd control
during the active performance of their duties .
9 . The parties shall save harmless and keep indemnified all
members of the Kincardine Fire Department, from all actions ,
causes of action, damages and claims arising out of the
performance or non-performance of the services provided for
herein except in the case of gross negligence.
10 . The Town shall ensure that adequate insurance policies are
obtained to protect the assets in the care, custody and
control of the Board and protecting the Board and the parties
hereto against legal liability resulting from the activities
of the Board and the operations of the Kincardine Fire
Department. All policies of insurance shall include the
parties to this Agreement as additional named insureds as
their interests may appear . '
11 . The parties acknowledge and agree as follows :
(a ) The present inventory and value of equipment as outlined
in Schedule "B" attached hereto is the property of• the
Town of Kincardine .
(b) The present inventory and value of equipment as outlined
in Schedule "C" attached hereto is the property of the
Township of Kincardine ;
(c) Any proceeds from the disposition of equipment outlined
in Schedule "B" and "C" shall be the property of the Town
and Township respectively.
(d ) Any equipment which may be purchased from time to time
by the Kincardine Fire Department shall be purchased by
both parties as joint owners . Any proceeds realized from
the sale of any equipment during the currency of this
Agreement shall be jointly owned by the parties and shall
be used for the purposes of the Fire Department. Any
surplus arising from the sale of such equipment shall be
distributed between the parties based on the percentage
paid by each party at the time of purchase.
12 . (a) This Agreement shall come into full force and shall be
binding on the parties effective January 1 , 1989 ;
(b) This agreement shall remain in force until termination
by either party.
13 . (a ) Either party may terminate this Agreement by delivering
written Notice of Termination to the clerk of the other
municipality during regular municipal business hours .
The municipality delivering such notice shall be referred
to as the terminating municipality.
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(b) Such notice of termination will be deemed to be effective
on the 31st day of December in the year following which
it is delivered .
(c) The parties further agree that neither party shall have
the right to terminate this Agreement prior to December
31 , 1992 .
(d ) In the event that this Agreement is terminated , the Town
and Township will jointly appoint an independent
appraiser who will assess the assets of the Fire
Department. All property of the Township which is listed
in Schedule "C" and remains at the date of termination
shall be returned to the Township. The Town would
reimburse the Township for its share of the assessed
value of the depreciated inventory, buildings and
equipment purchased during the currency of this Agreement
and determined at the time of termination.
14 . It is agreed that any previous Agreements or representations
between the parties either written or verbal with respect to
Fire Protection Services shall no longer be binding and this
Agreement shall contain all of the terms and conditions
between the parties for the operation of the Kincardine Fire
Department.
15 . The parties agree that this Agreement shall be amended only
by further agreement in writing and authorized by by-law and
passed by the Council of each of the parties .
16 . In the event that any covenant , provision or term ofthis
Agreement should at any time be held by any competent Tribunal
to be void or unenforceable , then the Agreement shall not fail
but the covenant, provision or term shall be deemed to be
severable from the Agreement and the remainder shall continue
in full force and effect mutatis mutandis .
17 . All parties hereto agree irrevocably to attorn to the Courts
in the Province of Ontario and agree that any disparity
between them shall be litigated in the Province of Ontario
and in any event, all rights between them shall be construed
in accordance with the law in the Province of Ontario in
effect at that material time.
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IN WITNESS WHEREOF the said Corporations have hereunto affixed
their Corporate seals duly attested by the hands of their proper
officers .
THIS 7th day of ) THE CORPORATION OF THE
) TOWN OF KINCARDINE
December , 1989 )
) 4.7Reeve
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THE CORPORATION OF THE
TOWNSHIP OF KINCARDINE
111
Reeve
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SCHEDULE "A"
The Kincardine Fire Department shall cover all of the Town of
Kincardine and that part of the Township bounded as follows:
On the East by the Easterly boundary of Kincardine Township,
On the South by the Southerly boundary of Kincardine Township,
On the North by the Northerly boundary of Concession Five and
including Lot 36, Concession "A", Kincardine Township,
On the West by Lake Huron.
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SCHEDULE "B"
EQUIPMENT LIST
Town of Kincardine
OFFICE & MEETING ROOM
1 - Typewriter serial number 73304081
1 - Adding machine serial number 40519444
3 - Desks
1 - Filing cabinet
1 - Computer system
1 - Computer desk
26 - Chairs
1 - TV serial number G61100641
1 - VCR serial number E74650
1 - Stove
2 - Fridges
1 - Base station
1 - Rescie Annie
1 - Rescie Baby
1 - Dehumidifier serial number 8802138176
1 - Firesoft computer program serial number 66K5018
1 - Smoke simulater serial number 47828
FIRE HALL
1 - Air compressor for filling air cylinders serial number 8701
800 ft. 2 1/2 in. hose
300 ft. 1 1/2 in. hose
PUMPER # 1
1979 Ford Thibault
840 gpm pumper
500 gallon water tank
1 - Motorola Maxar 80
1 - 20 lb. dry chemical fire extinguisher serial no. D862553
4 - Scot air packs # 3 - serial no. 08304236
# 4 - serial no. 67302874
# 5 - serial no. 97-804554
# 2 - serial no. 46413
1 - 4 ft. pry bar
4 - hi-vol wrenches c/w bracket
4 - hose wrenches c/w bracket
2 - hand rescue pumps # CJ40DDF
1 - small spreader
1 - large spreader
1 - K12 rescue sas serial no. 340401
1 - PF rescue kit
1 - 2 gal. gas can
1 - hose clamp
1 - hand pump water extinguisher
1 - reel nylon rope
1 - 100 ft. heavy duty extension cord
1 - 10 ft. pike pole
1 - roof ladder 14 ft. serial no. 1768 peirre Thibault
1 - extension ladder 24 ft. serial no. 1620 pierre Thibault
2 - 2 1/2 in. nozzles c/w brackets
3 - 1 1/2 in. nozzles
1 - hydrant gate # 285
1 - foam nozzle
1 - 1 1/2 in. specialty nozzle
5 - 20 1. pails of Alcoseal
1 - foam generator
2 - axes
1 - 1 1/2 in. foam inductor
4 - air bottles
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PUMPER # 1 cont.'d
1 - resuscitator
1 - hose patcher
9 - hose straps
7 - hose wrenches
1 - Briggs & Stratton generator serial no. 0135 4 h.p.
2 - spot lights
2 - 50 ft. extension cords
1 - 750 g.p.m. deluge nozzle black widow
1 - 10 ft. attic ladder
2 - 5 in. hard suction 10 ft. length, c/w screen
1 - 1 1/2 in. gated wye
1 - straight bore nozzle with stacking tips
1 - rubber mallet
1 - in-line pressure gauge
1 - double male connector
1 - double female connector
1 - 15 lb. co2 fire extinguisher serial no. 82200C
1 - ladder guard
2 - hydrant wrenches
1 - hydrant gate
HOSE
500 ft. 4 in. hi-vol. hose
1,400 ft. 2 1/2 in. hose
600 ft. 1 1/2 in. hose
UNIT # 2
1988 Ford Hub 840 gpm Pumper
500 gallon water tank
CAB
1 - female receptacle
2 - 20 in. air line adapters (Interspiro)
1 - southern VP SA 400 - Carlson Manufacturing Company - serial
no. 63-107996
1 - Divo first aid kit
2 - Eveready halogen lantern
3 - emergency response guides (Canutec)
1 - Motorola truck radio - Mocom 70
1 - Hand held flashlight halogen
RIGHT STEP
1 - stacking nozzle
1 - Akron P Q Imperial nozzle 2 1/2 in.
1 - Akron turbo Jet nozzle 2 1/2 in.
1 - Akron brass gated Y - 2 1/2 in. x 1 1/2 in. x 1 1/2 in.
2 - double male couplings
2 - double female couplings
1 - Model 430 channel lock
2 - rubber mallets
PASSENGER SIDE COMPARTMENTS
2 - 100 ft. bluewater life rope
1 - door spreader - smoke ejector - Ziamatic Corp.
1 - 500 gpm blackwidow deluge nozzle - Akron
1 - super vac exhaust fan Model # P164SE 1/3 h.p.
1 - extension cord adapter
1 - 50ft. extension cord
1 - tarp 12' x 16'
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UNIT # 2 cont.'d
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1 - 4L anti freeze
1 - 4L 15w40 motor oil
1 - hydrant wrench
1 - 1/2 in. hand line manilla 36 ft.
1 - 1/4 in. cotton line 50 ft.
1 - male & female end cap 2 1/2 in. female valve stem
1 - water curtain nozzle
1 - Waku ladder lock
6 - 4 x 4 blocking
2 - 6 x 6 blocking
1 - 12 ft. x 12 ft. tarp
1 - air bottle case with 4 air bottles
1 - fender crib
1 - 14 ft. roof ladder Alco-lite serial no. 104154
1 - 24 ft. extension ladder Alco-lite serial no. 111700
2 - ABC 20 lb. fire extinguishers pyrenn serial no. K360655C
& K136260C
BACK COMPARTMENT
1 - air gun & air wrench serial no. 2545 (gray) 81593847 - CP 710
zip gun
1 - 11 piece socket drive
1 - 50 ft. air hose
1 - Bahco hand cutter serial no. 211
1 - shovel
1 - hazmat rake
1 - Hydra spreader # 7110
1 - 36 in. crowbar
1 - box banner guard
2 - axes
1 - 10 ft. attic ladder
2 - 1 1/2 in. Akron nozzles
2 - 5 in. hard suction
2 - 2 1/2 in. hard suction
1 - 2 1/2 in. strainer
2 - hydrant wrench
1 - hydrant gate
2 - long comealong chains
1 - short comealong chain
2 - pair asbestos gloves
1 - asbestos blanket 6' x 6'
1 - floor runner 3' x 10'
3 - water extinguisher serial no. 977125C, A265515C, n/a York &
Badger
2 - safety goggles
3 - Asbestos mitts
2 - 5 gal pails
1 - 6 x 9 mirror
1 - ash dump shovel
2 - cleaning chain with silver bullet
RIGHT SIDE COMPARTMENTS
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2 - 500 watt 60 A Lights Quartz
1 - Scott Air pack serial no. 57-40 2747 pack 6
1 - Akron hose clamp
1 - 36 in. aluminum shovel
1 - syphon 1 1/2"
2 - bag hi point peat
3 - 13L Oclansbord
1 - port-a-pump 9 h.p. serial no. 50185
1 - 7' pike pole
1 - 9' pike pole
6 - Akron hose wrench style 10
4 - high volume wrench
1 - 5' pry bar
13 - hose wrenches
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UNIT # 2 cont.'d
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1 - Motorola external speaker & head set & mike
2 - Akron imperial 1 1/2" nozzle constant gallonage
2 - stable brooms
1 - large plastic funnel
5 - steel fire brooms
1 - 4' pike pole
1 - Scott air pack i 4 serial no. 46291
3 - 5 gal. foam chieftain VHX
2 - Interspiro Air pak A & B
UNDER JUMP SEAT
1 - 36" plastic shovel
24 - garbage bags
1 - oil pig sausage
HOSE BEDS
200 ft. high volume hose 4"
1,400 ft. 2 1/2" hose
600 ft. 1 1/2" hose
RESCUE VAN Serial No. 1GDJP32MXC3503518
1982 GMC
CURB SIDE
4 - Portable Radio with charger serial no. 231ADGo890
231ADGo891
U101BA
231ADGo689
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1 - Mobil radio serial no. 2054A6
5 - flash lights
2 - lanterns *
1 - Penta x camera serial no. 6633116
1 - booster cable
1 - head light
1 - 3/8 socket set (metric and standard)
6 - pairs wool socks
1 - first aid kit
1 - oxygen ventilator
2 - oxygen bottles
1 - leg splint
2 - Scott air packs 2.2 serial no. 5830800, 5820871
2 - 100 ft. supply air lines
1 - siren serial no. 2E17317SB
2 - 10 lb. dry chemical extinguishers serial no. 45165, 342346
12 - air bottles for air packs
4 - body blankets
2 - portable stretchers
2 - wooden stretchers
1 - wooden backboard
2 - red wool blankets
18 - wooden splints
1 - 2 ft. black board
1 - tool box
1 - set asbestos gloves
2 - set firemans' gloves
1 - Bacho heavy hydraulic cutter serial no. 439 *
1 - Bacho heavy hydraulic spreader serial no. 315*
3 - tarps 12' x 12'
1 - Detroit door opener
1 - Bacho pump serial no. 92902538801 - 86080802*
1 - hose reel c/w 100 ft. of hose*
- 75' of air hose
1 - Bacho carry all*
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RESCUE VAN cont.'d
1 - fender crib
2 - step blocking
1 - pack 4x4 blocking
1 - pack 2/4 blocking
1 - box fire line tape
1 - Bacho manual pump serial no. 8481*
1 - Bacho ram serial no. 139*
1 - 5 gal. gas can
1 - 2 gal. gas can
1 - asbestos tarp
6 - orange road pylons*
1 - 50ft. extension cord
2 - 100 ft. extension cords
2 - firefighters helmets
1 - set 5 bags high pressure air bags
1 - set 2 bags low pressure air bags*
1 - smoke fan serial no. Pu18
1 - smoke ejector holder serial SEH2
2 - 100' rescue rope
1 - red battery flasher
1 - air bag regulator control kit
1 - wet vac serial no. 41044
1 - Ridget come along model 584
2 - 6' pike poles
2 - 500 watt light c/w stands*
2 - hard hats
2 - 300 cu. ft. breathing air cylinders
2 - air regulators
3 - pro asbestos gloves1 - bolt cutters
1 - tool box, spreader chain, shakes cutting tips, ram extension*
1 - Waku ladder
1 - 5 ft. step ladder
2 - Haz-Mat suits*
1 - Honda generator serial no. GX1401757127*
2 - 25 ft. logging chains
1 - 250 mm. spanning wrench
1 - 50 ft. trouble light
1 - staple gun model JT21
1 - Merritt tape gun 22001
1 - 1/2 socket set 24 pieces
1 - 3/8 - 1 in. wrench set (gray)
1 - 1 1/8" gray wrench
12 - assorted screw drivers
1 - crimping tool
1 - 100 ft. tape measure steel
1 - 50 ft. tape measure steel
1 - bottle opener
1 - fillet knife
3 - utility knife
1 - 3/8" socket set, 24 piece
1 - 6" vice grip
1 - 6" water pump plier
1 - tin snip
2 - hammer
2 - allen key set standard & metric
4 - metric wrenches
1 - battery post cleaner
1 - file
2 - roll electric tape
1 - roll packing tape
1 - spark plug wrench
1 - stable broom
1 - paratech pry bar
1 - 4lb. hammer
1 - bail hook
1 - key hole saw
4 - 24" pry bars
2 - tool boxes
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RESCUE VAN cont.'d
2 - air chucks
1 - blow gun
2 - air flow regulators
4 - air bottles
100 ft. rubber air hose c/w ends
1 - Jason binoculars*
1 - pair safety goggles
2 - seat belt cutters
1 - master padlock # 3 with key
2 - sets safety harness*
1 - Haz-Mat repair kit
* Bruce County Rescue Support System equipment
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SCHEDULE "C"
EQUIPMENT LIST
Township of Kincardine
KINCARDINE TOWNSHIP TANKER
1973 International
Loadstar 1700
1,200 Gallon Tanker
1 - 2 way Motorola radio serial no. T053A6
2 - Eveready lanterns
1 - Energizer flashlight
1 - first aid kit
2 - 2 1/2" gated wye
2 - hydrant wrenches
3 - hose wrenches
2 - 1 1/2" straight bore nozzles
1 - 2 1/2" combination nozzles
1 - 2 1/2" cual fog nozzle
3 - portable pumps 1166 - G, 1149, n/a
1 - 20 dry chemical extinguisher serial no. 250524
4 - 10ft. 2 1/2" hard suction
1 - 2 1/2" suction screen
2 - 2 1/2" suction floats
1 - 5 gal. gas tank & funnel
1 - 8' pike pole
1 - haymow probe
1 - hose clamp
1 - dump shoot
3 - square shovels
2 - 1,000 gal. port-o-tanks
1 - 24 ft. extension ladder
1 - 35 ft. extension ladder
1 - port-o-tank to suction
2 - tanker loading pipes
1 - 1 1/2" combination nozzle
2 - hose hangers
500 ft. of 1 1/2" hose
300 ft. of 2 1/12" hose