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HomeMy WebLinkAboutTWP 91 026 Repealed by No04 160 I ' . . . . . . . . J . 'I'HB CORPnA1'PI011 OF THE TOWIISHIP OF KINCARDINE -~ BY-LAW NO. 9/-.2.' BEING A BY-LAW TO ESTABLISH AND REGULATE A FIRE DEPARTMENT. Whereas Section 210, Paragraph 1980, Chapter 302, provides that and regulate a Fire Department; 24 of the Municipal Act, R.S.O. Council may by by-law establish Therefore, Kincardine the Corporation of the Township of the Council of enacts as follows: 1. In this by-law, unless the context otherwise requires, A. "Council" means the Councils of BRUCE and KINCARDINE TOWNSHIPS, and the VILLAGE OF TIVERTON. B. "Joint Board of Management" means a Board composed of two ( 2) members of Council from each, Bruce and Kincardine Townships, one member of Council from the Vi llage of Tiverton. Hereafter called the "Board" . C. "Department" means the TIVERTON AND DISTRICT FIRE DEPARTMENT. D. "Fire Protection" means a range of programs designed to protect the lives and property of the inhabitants of the fire department response area from the adverse effects of fires, sudden medical emergencies or exposure to dangerous conditions created by man or nature and includes fire prevention and public education, rescue and suppression services. E. "Volunteer Fire Fighter" means a person who voluntarily acts as a fire fighter for a nominal consideration or honorarium. F. "Approved" means approved by the municipal Councils. G. "Chief" means the one person appointed by a by-law of the Councils of the municipalities to act as Fire Chief, or his/her designate. '\ , . , · 2. A. · . . - 2 - H. "Deputy Fire Chief" means the one person appointed by the Councils of the municipalities to act in the place of the Chief of the fire department in his/her absence or in the case of a vacancy in the department. I. "Company" means a complement of personnel operating one or more pieces of apparatus under the supervision of an off icer. A department for the response area defined in the agreement between the Townships of Bruce and Kincardine, and the Village of Tiverton, to be known as the Tiverton and District Fire Department is hereby continued and the head of the department shall be known as the Chief of the department. B. shall be by-law Table 1 as those and the forming The goals statement of the department contained in Appendix "A" of this department shall be organized as per part of this by-law. 3. In addition to the Chief of the department, the department personnel shall consist of a Deputy-Chief and such number of officers, captains and members as from time to time may be deemed necessary by the Board. · 4. A. The Chief of the department may recommend to the Council the appointment of any qualified person as a member of the department, subject to approved hiring policies developed by the Fire Chief. . B. 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. C. If a board of medical examiners finds that a member is physically unfit to perform his/her assigned duties and that such condition is attributed to, and a result of his/her employment in the department, the Board may assign the member to other employment in the department or may retire him/her. , . . · · · · , . . - 3 - D. A person appointed as a member of the department for fire fighting and fire prevention duties shall be on probation for a period of six months during which period he/she shall take such special training and examination as may be required by the Chief of the department. E. If a probationary member appointed for fire fighting or fire prevention duties fails any such examinations, the Chief of the department may recommend to the Board that he/she be dismissed. 5. The Chief of the department may reprimand, suspend or recommend dismissal of any member for insubordination, inefficiency, misconduct, tardiness or for noncompliance with any of the provisions of this by-law or general orders and departmental rules, that in the opinion of the Chief, would be detrimental to the discipline and efficiency of the department. A. B. Following the suspension of any member the Chief of the department shall report the suspension and his/her recommendations to the Council, through the Joint Board of Management. C. A member shall not be dismissed without being afforded the opportunity for a hearing before the Board, if he/she makes a written request for such hearing within seven days after receiving his/her proposed dismissal, and such findings shall be forwarded to the Council. 6. The remuneration of all members of the department shall be as determined by the Board with Councils' approval. 7. The Chief of the department is responsible to Councils through the Joint Board of Management for the proper administration and operation of the department, for the discipline of its members and, , . ' · A. B. · . . - 4 - Shall develop, and publish such written standard operating procedures and such general orders and departmental rules as may be necessary for the care and protection of the department, department equipment and department personnel, 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 municipality. Shall review periodically the policies and procedures of the department and may establish an Advisory Committee consisting of such officers as he/she may determine from time to time to assist him/her in these duties. C. 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 municipalities by-laws respecting fire prevention and exercise the powers imposed on him/her by the Fire Marshals Act, and the Fire Chief or his/her designate shall be empowered to authorize fire department members to: i) pull down or demolish any building or structure to prevent the spread of fire; · i i ) when unable to contact the property owner, to take such necessary action which may include boarding up or barricading of buildings or property to guard against fire or other danger, risk or accident; iii) the corporations may recover expenses incurred by such necessary action in a manner provided by the Municipal Act. D. Is responsible for the enforcement of this by-law and the general orders and departmental rules. E. . Shall report all fires to the Fire Marshal as required by the Fire Marshals Act. F. Shall submit to the Council through the Joint Board of Management for its approval the annual estimates for the department. , . 8. 9 . A. . B. lO. . . - 5 - The Deputy Fire Chief the department and it carry out the orders the Chief, has all the duties of the Chief. shall be the second ranking officer of shall be his/her responsibility to of the Chief, and, in the absence of powers and shall perform all the The department is composed of the following divisional functions: Division of Administration Division of Apparatus, Equipment and Communications Division of Fire Suppression Division of Fire Prevention Division of Training Each division of the department is the responsibility of the Chief and is under the direction of the Chief, or such member designated by the Chief. If deemed necessary, division Chiefs may be appointed and delegated authority with responsibility to the Chief, for the proper operation of a division. The Chief of the fire department is responsible for carrying out, or delegating in total, or in part, the following duties pertaining to the function of the Division of Administration. He/she shall: A. Provide administration facilities for the Chief and Deputy Chief of the department; B. Prepare the departmental budget and exercise control of the budget; C. Prepare the payroll of the department and initiate requisitions for materials and services and certify all accounts of the department; Maintain personnel records; Arrange for the provision of medical services; Arrange for the provision of adequate housing; Provide liaison with the local fire fighters' . D. E. F. G. H. I. . J. K. association; Prepare the annual report Carry out the general department; Provide liaison with the County Fire Co-ordinator; Assist the County Fire Co-ordinator in the preparation of a County Emergency Fire Service Plan and Program. of the department; administrative duties of the , · · · · , . . - 6 - 11. The Chief of the fire department is responsible for carrying out, or delegating in total, or in part, the following duties pertaining to the function of the Division of Apparatus, Equipment and Communications. He/she shall: E. F. G. l2. A. A. Prepare specifications for the purchase of apparatus and equipment with committee endorsement; Maintain and keep in repair all existing buildings, fire fighting rescue and salvage apparatus of the department; Modify apparatus and equipment; Provide recharging facilities extinguishers and cylinders and hose; Issue clothing, equipment and cleaning supplies; Receive alarms and dispatch equipment; Prepare specifications for new communication systems and for additions to existing communications systems; Maintain the communications systems of the department; Prepare the annual report and budget of the Division of Apparatus, Equipment and Communications to be submitted to the Division of Administration; B. C. D. for fire to test fighting and repair H. I . B. The Division of Fire number of companies as determine. The Chief of the is composed of such of the department may Fighting the Chief fire department is responsible delegating in total, or in part, pertaining to the function of Fighting. He/she shall: for the the carrying out, or following duties Division of Fire i) Prevent, control and extinguish fires; ii) Conduct investigations of fire in order to determine cause, origin, and, where appropriate, to request the Office of the Fire Marshal to conduct an investigation; iii) Perform rescue and salvage operations and render first aid; , · · D. . . - 7 - iv) Respond and assist at required; Participate in training at stations; Conduct pre-fire fighting operations planning; Perform apparatus maintenance and cleaning duties at stations; Prepare the annual report and Division of Fire Fighting to be Division of Administration. such emergencies as may be v) vi) vii) viii) budget of submitted to the the C. A captain is in command of the company to which he/she is assigned and is responsible for the proper operation of that company to the Chief. 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 officer replaced. l3. The Chief of the fire department is responsible for carrying out, or delegating in total, or in part, the following duties pertaining to the function of the Division of Fire Prevention through an approved fire prevention policy. He/she shall: A. Conduct fire prevention inspections of premises; B. Enforce fire prevention by-laws; C. Examine building plans; · D. Provide personnel for fire prevention lectures; E. Maintain fire loss records; F. Receive, process and follow-up reports of fire prevention inspections conducted under the Division of G. Fire Fighting; Prepare the annual report Fire Prevention to be Administration. and budget submi tted of the Division of to the Division of 14. The Chief of the fire department is responsible for carrying out, or delegating in total, or in part, the following duties pertaining to the function of the Division of Training. He/she shall: . A. B. Establish a fire department training program, complete with written records, and conduct training for all personnel of the department in fire administration, fire prevention, and fire fighting; Administer training programs in stations; · · · · · ,. " , 15. A. l6. A. 17. . . - 8 - C. Prepare and required; examinations of members as conduct D. Prepare an annual report and budget Training to be submitted to Administration. Division of Division of of the the The Chief shall develop an approved fire department promotional policy based on such evaluations, written, practical and oral examinations as deemed necessary. B. As part of the approved promotional policy, the Chief of the department and the Deputy Chief shall evaluate all members of the department who are participating in an examination for promotion; C. When in the opinion 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. The fire fighting and station record of each member of the department shall be annually evaluated as follows: i) The captain of each company shall review the performance of each member of the company; ii) The Fire Chief shall review the performance of each officer of the department. The department shall not respond to a call fire or emergency outside the limits of except with respect to a fire or emergency: with the respect to a municipality A. That in the opinion of the Chief of the department threatens property in the municipality or property situated outside the municipality that is owned or occupied by the municipality; B. At the discretion of the Chief to a municipality authorized to participate in the County Emergency Fire Service Plan and Program or any other organized plan or program on a reciprocal basis; . . . . . " " . . - 9 - C. On those highways that are under the jurisdiction of the Ministry of Transportation or within the County where the County has established a rescue system, or; D. On property beyond the municipal boundary where the Fire Chief or his designate determines that immediate action is necessary to preserve and protect life and/or property and the correct department is notified and/or assumes command. The Fire Chief shall subsequently inform the Heads of Council through the Joint Board of Management of invocation of this clause. l8. That we hereby repeal By-law No.~'-o9 19. This by-law comes into effect the day it is passed by Council. By-law introduced and of SEPTEMBER, 1991. By-law read a Second 1991. By-law read a Third time numbered 9/-A¿' this /,1£ day read a First time this /¿~ time this day of SEPTEMBER, and ~allY passed, signed, sealed, ~~ day of SEPTEMBER, 1991. and ~""~~ CL K r¥ /IL ( REEVE SEAL . · · · · .I' . . APPENDIX wAw PRIMARY t:nJl.T.!) OF THE FIRE DEPARTMENT The goal of the fire department is to provide fire protection services through a range of programs designed to protect the lives and property of the inhabitants from the adverse effects of fires, sudden medical emergencies or exposure to dangerous conditions created by man or nature; first to their municipality; second, to those municipalities requiring assistance through authorized emergency fire service plan and program (mutual aid) activities; and third, to those municipalities which are provided fire protection by the fire department via authorized agreement. Primary objectives of the fire department: In order to achieve the goal of the fire department, necessary funding must be in place and the following objectives met: l. Identify and review the fire services requirements of the municipali ty. 2. Provide an administrative process consistent with the needs of the department. 3. Ensure that fire fighting equipment and operating personnel are available within the municipalities to provide adequate response to a citizen's call within a reasonable length of time. 4. Provide departmental training to an accepted standard which will ensure the continuous up-grading of all personnel in the latest techniques of fire prevention, fire fighting, and control of emergency situations, and to co-operate with other municipal departments with respect to management training and other programs. 5. Provide a maintenance apparatus, including to emergency calls. all fire protection is ready to respond program to ensure allied equipment, 6. Provide an effective fire prevention program to: (a) Ensure, through plan examination and required fire protective equipment maintained within buildings; Reduce and/or eliminate fire hazards; inspection, that is installed and (b) . · · · · f . . APPENDIX "A" - 2 - (c) Ensure compliance with applicable municipal, provincial and federal fire prevention legislation, statutes, codes and regulations in respect to fire safety. 7. Develop and maintain an effective public information system and educational program, with particular emphasis on school fire safety programs; and commercial, industrial and institutional staff training. 8. Ensure in the municipality, available from event of a major catastrophe in the assistance to cope with the situation is outside departments and other agencies. 9. Develop and maintain a good working relationship with all federal, provincial and municipal departments, utilities and agencies, related to the protection of life and property. 10. Interact with other municipal departments respecting the aspects of fire on any given program. ll. Ensure these objectives are not in conflict with any other. Appendix to By-law No. 9/-2.t. passed this ~~ay of September, 1991. XJL Reeve . . .. .1." . >] . " IS'l'ULISBIIfO DD UOULA'I'IHG BY-LAN 'I'IVIR'I'OIf JUIID DIS'l'RIC'I' rlu DBPAR'I'IIBII'I' 'I'ULI . 1-- ORoAItIZA'l'IOHAL CHAR'l' IUIIClRDIIII 'I'IIP 'I'IVERTOH COUIfCIL Jorll'l' BO BRUCE 2, TIVBRTOII 'I' KIIlCARDIIfI 2, 1, PIU CHID. SECRB'l'ARy---------- ---------TRAIIfIIfO OFFICER ---------HBCHAHICAL OFFICER . CAP'l'AIIf CAPTAIN CAPTAIN 4 4 4 4 FIRB- IRE- IRE- FIRE- FIOHTBRS FIOHTBRS FIOHTERS FIOHTERS Table H to By-law No. 9/-Zb passed this /¿~ day of September. 1991. .