HomeMy WebLinkAboutTWP 95 025 Repeals #84 06/90 18
I WHEREAS section 210 of the Municipal Act, R.S.O., 1990 provides
i' that a council may by By-Law establish and regulate a Fire
I, Department;
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II NOW THEREFORE the Council for The Corporation of the Township
ii of Kincardine ENACTS as follows:
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THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
BY-LAW 95-..tS
UDIG A BY-LD !!O KS"''aUT.T-SH A I'IRE Di:P~.
In this By-Law, unless the context otherwise requires:
"Board"
shall mean the Kincardine Town
and Township Fire Board (as
established by By-Law 84-06 as
amended by By-Law 90-18).
"Council"
shall mean the Council for the
corporation of the Township of
Kincardine;
"Department"
means the Kincardine Fire
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
Township of Kincardine and the
Corporation of the Town of
Kincardine.
"Town Council"
shall mean
Corporation
Kincardine.
the Council for The
of the Town of
A Department for the Township 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.
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
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 sucessfully completed at least Grade 10;
5.3 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.
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Kincardine Town - Kincardine Township Fire Department By-Law
Page 2
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I 10.0
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.
The remuneration of all members of the Department shall
be determined by Council.
The Chief of the Department is responsible to Council
for the proper administration and operation of the
Department, for the discipline of its members, 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;
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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Kincardine Town - Kincardine Township Fire Department By-Law
Page 3
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14.0
The Department is composed of the following divisions:
11.1
11. 2
the Division of Administration;
the Division of Apparatus Equipment
Communications;
the Division of
the Division of
the Division of
and
11.3
11.4
11.5
Firefighting;
Fire prevention;
Training.
and
The Division of Apparatus, Equipment and Communications,
Fire Fighting and Training, are under the direction of
the Deputy Chief who is responsible to the Chief of the
Department for the proper operation of each Division.
The Chief is responsible for carrying out of the
following duties of the Division of Administration.
13.1
Provide administration facilities for the
Chief and Deputy Chief of the Department.
13.2
Prepare the Department Budget and exercise
control of the Budget.
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.
13.9
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
Annex and Operation Procedures.
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
Maintain and keep in repair all existing
buildings, fire fire fighting, rescues and
salvage apparatus of the Department.
14.3
Modify apparatus and equipment.
14.4
Provide recharging
fighting extinguishers
and repair hose.
facilities for fire
and cylinders and test
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Kincardine Town - Kincardine Township Fire Department By-Law
Page 4
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14.5
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.
14.6
Issue clothing,
supplies.
equipment and cleaning
14.7 Receive alarms and dispatch apparatus.
14.8
prepare specifications for new
systems and for additions
communications systems.
communication
to existing
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.
The Deputy Chief is responsible to the Chief of the
Department 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 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 Perform rescue and salvage operations and render
first aid.
l5.4 Respond and assist at such emergencies as may be
required by the Chief of the Department.
15.5 Participate in training at stations.
15.6
Conduct company fire prevention
familiarization inspections of premises.
and
15.7 Perform apparatus maintenance and cleaning
duties at stations.
15. a Prepare the annual report and budget of the
Division of Fire Fighting to be submitted to the
Division of Administration.
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.
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 power and shall
perform all the duties of the office replaced.
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Kincardine Town - Kincardine Township Fire Department By-Law
Page 5
18.0
19.0
20.0
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
Enforce fire prevention By-Laws.
18.3
Examine building plans.
18.4
Provide personnel for fire prevention lectures.
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.
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
Department in Fire Administration,
Prevention and Fire Fighting.
the
Fire
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 Prepare the annual report and budget of the
division of Training to be submitted to the
Division of Administration.
The provisions of section (20) with respect to the
promotion of members does no apply to the Deputy Chief.
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 promotion of a member
made to the Board by the chief of the Department
shall be based 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.
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Kincardine Town - Kincardine Township Fire Department By-Law
Page 6
21.0
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28.0
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 Deputy Chief
shall evaluate all members of the Department who
are participating in an examination for
promotion.
20.6
Every application for promotion shall take such
written, oral and practical examinations as may
be required by the Chief of the Department.
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.
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 Chie f . I f the cost of this medical is not
eligible to be submitted to the Ontario Health Insurance
Plan for payment, the Department will reimburse members
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.
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.
No member shall:
25.1 While in uniform, shall enter any premises where
alcoholic beverages are sold or consumed, except
in the performance of his departmental duties.
25.2
If his ability is impaired
intoxicating beverage or
permitted to remain on duty.
an
be
by the use of
drug, shall
25.3
While on duty, shall consume any intoxicating
beverage or drug.
The Chief of the Department may reprimand, suspend or
recommend dismissal of any member for insubordination,
in efficiency, misconduct, tardiness or for
noncompliance 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.
Following the suspension of any member the Chief of
Department shall report the suspension and
recommendations to the Board.
the
his
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.
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Kincardine Town - Kincardine Township Fire Department By-Law
Page 7
29.0
The department shall not respond to a call with respect
to a fire emergency outside the limits of the
municipality except with respect to a fire or emergency:
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opinion of the Chief of
threatens property in
or property situated outside
that is owned or occupied by
that in the
Department
municipality
municipality
municipality;
29.1
the
the
the
the
29.2 in a municipality with which an Agreement has
been entered into to provide Fire Protection, or
29.3 on property with respect to which an Agreement
has been entered into with any person or
corporation to provide Fire Protection therefor.
29.4 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.
31.0 By-Laws 84-06 and 90-18 be and the same are herby
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 Town-
Township Fire Department, By-Law'.
II READ a FIRST and SECOND time this l.2th day of ..I1..ll¥, 1995.
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~II~ Time, and FINALLY PASSED this
-C;¡-'7 1995.
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II Seal