HomeMy WebLinkAboutTWP 86 009 NOT SIGNED
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THE cœPORATIOO OF THE ~SHIP OF KINCARDINE
BY-lAW NO. 86-09
BEING a By-Law to establish a Fire Department.
WHEREAS the Municipal Act provides that the Council may by By-Law establish
and regulate a Fire Department.
THEREFORE, the Council of the Corporation of the Township of Kincardine
enacts as follows:
1. In this By-Law, unless the context othez:wise requires,
(a) "Council" means the Council of the Township of Kincardine
(b) "Departments" means the Tiverton and District Fire Department
(c) "Matiber" includes an officer
2. A Department for the Township of Kincardine to be kncMn as the Tiverton
and District Fire Department is hereby established and the head
of the Department shall be kncMn as the Chief of the Department.
3. In addition to the Chief of the Department, the Department personnel
shall consist of a Deputy Chief and such nunber of Division Chiefs,
Captains and other officers and members as fran time to t:iroe may
be deaned necessary by the Council.
4. (I) The Chief of the Department may recarmend to the Council the
appointment of any qualified person as a member of the Department
(2) A person is qualified to be appointed a Member of the Department
for fire fighting duties who,
(a) Is not less than 18 years of age and no more than 40
years of age,
(b) Has successfully oampleted at least Grade 10,
(c) Is of good character,
(d) Passes such aptitude tests as may be required by the
Chief of the Department, and
(e) Is medically fit to be a Matiber as certified by a physician
designated by the Chief of the Department.
(3) A person appointed as a Member of the Department for fire fighting
duties shall be on a probation for a period of 6 months during
which period he shall take such training and exmainations as may be
required by the Chief of the Department.
(4) If a probationary Member appointed for fighting duties fails any
such examinations, the Chief of the Department may recœmend to
the Council that he be dismissed.
5. The ranuneration of all Members of the Department shall be as
detemdned by the Council.
6. The Chief of the Department is responsible to the Council for the proper
administration and operation of the Department, for the discipline of
its Members, and
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6. Cont'd
Page 2 - BY-Law #86-09
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(a)
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 Matibers 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 municipality.
(b) shall review periodically the policies and procedures of the
Department and may establish an Advisory Catrnittee consisting of
such officers as he/she may detennine fran time to t:iroe to
assist him/her in these duties,
(c) shall take all proper measures for the prevention, control and
extinguishnent of fires and for the protection of life and property
and shall enforce all municipal by-laws respecting fire
prevention and exercise the powers imposed on him/her by the
Fire Marshals Act,
(d) is responsible for the enforcanent 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 sulrnit to the Council for its approval the annual estimates
of the Department.
7. The Deputy Chief shall report to the Chief of the Department on the
activities of the Divisions that are his/her responsibility and carry
out the orders of the Chief, and in the absence of the Chief, has all
the powers and shall perfODn all the duties of the Chief.
8.
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(a)
The Department is oamposed of the following Divisions:
Division of Administration
Division of Apparatus, Equi¡:rnent and Catrnunications
Division of Fire Fighting
Division of Fire Prevention
Division of Training
(b)
Each Division of the Department, except the Division of Fire
Fighting, is under the direction of a Division Chief who is
responsible to the Deputy Chief for the proper operation of the
Division. When a Division Chief has not been appointed, the
Chief of the Department, or the Deputy Chief, shall assume the
responsibility of the Division until such an appointment is made.
(c) The Division of Fire Fighting is under the direction of the
Deputy Chief who is responsible to the Chief of the Department for
the proper operation of the Division.
9. The Chief of the Division of Administration is responsible to the
Deputy Chief for carrying out the following duties of the Division:
(a) Provide aàninistration facilities for the Chief and Deputy Chief
of the Department,
(b)
(c)
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(d)
(e)
(f)
(g)
Prepare the departmental budget and exercise control of the budget,
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 new buildings,
Arrange for the provision of medical services,
Prepare the annual report of the Department
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Page 3 - BY-Law #86-09
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(h)
Carry out the general aãninistrative duties of the Department,
(i)
Provide liaison with the County Fire Co-ordinator,
(j)
Assist the County Fire Co-ordinator in the preparation of a County
Etnergency Fire Service Annex and operating procedures.
10. The Chief of the Division of Apparatus, Equi¡:rnent and Cœrnunications is
responsible to the Deputy Chief for carrying out the following duties of
the Division:
(a)
(b)
(c)
(d)
· (e)
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Prepare specifications for the purchase of apparatus and equi¡:rnent,
Maintain and keep in repair all existing buildings, fire
fighting rescue and salvage apparatus of the Department,
~fy apparatus and equi¡:rnent,
Provide recharging facilities for fire fighting extinguishers and
cylinders and to test and repair hose,
¡Vhere a WateI:WOrks Catrnission is established, provide liaison
in order to ensure an adequate flow of water in new wateI:WOrks
projects and the adequate maintenance of existing waterworks
facilities for the use of the Department,
(f) Issue clothing, equi¡:rnent and cleaning supplies,
(g) Receive alanns and dispatch apparatus,
(h) Prepare specifications for new carmunication systems and for
additions to existing camnmication systems,
(i) Maintain the camnmications systems of the Department,
(j) Prepare the annual report and budget of the Division of Apparatus,
Equi¡:rnent and Cœrnunications to be sulrnitted to the Division
of Administration.
(a)
The Deputy Chief is responsible to the Chief of the Department
for the rnanaganent and operation of the Division of Fire
Fighting and for carrying out the following duties of the
Division:
(i) Prevent, control and extinguish fires,
(ii) Conduct in-service fire prevention inspections of all classes
of occupancies,
(iii) Conduct investigations of fire in order to detennine cause,
origin, and, where appropriate, to request the Office of the
Fire Marshal to conduct an investigation,
(iv) PerfoDn rescue and salvage operations and render first aid,
(v) Respond and assist at such anergencies as may be required by
the Chief of the Department,
(vi) Participate in training at stations,
(vii) Conduct pre-fire fighting operations planning,
(viii) PerfoDn apparatus maintenance and cleaning duties at stations
(ix) Prepare the annual report and budget of the Division of Fire
Fighting to be sulrnitted to the Division of Administration.
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Page 4 - By-Law #86-09
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(b)
A Captain is in cœmand of the Canpany to which he/she is assigned and
is responsible for the proper operation of that Canpany to the
Deputy Chief.
(c) 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 perfODn all the duties of the officer
replaced.
12. The Chief of the Division of Fire Prevention is responsible to the Deputy
Chief for carrying out the following duties of the Division:
(a)
(b)
(c)
(d)
· (e)
(f)
(g)
(h)
Conduct fire prevention inspectiom of premises,
Enforce fire prevention by-laws,
Examine building plans,
Provide personnel for fire prevention lectures,
Establish and maintain photography facilities,
Maintain fire loss records,
Receive, process and follow up reports of fire prevention inspections
conducted under the Division of Fire Fighting,
Prepare the annual report and budget of the Division of Fire
Prevention to be sulrnitted to the Division of Administration.
13. The Chief of the Division of Training is responsible to the Deputy Chief for
carrying out the follOl~ing duties of the Division:
(a)
(b)
(c)
· (d)
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14. (a)
(b)
(d)
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Conduct training for all personnel of the Department in fire
administration, fire prevention and fire suppression,
Administer training programs in stations,
Prepare and conduct examinations of members as required by the
Chief of the Department,
Prepare an annual report and budget of the Division of Training to be
sulrnitted to the Division of Administration.
The provisions of this section, with respect to the pranotion of
members, do not apply to the Deputy Chief,
Any member having at least five years of service with the Department
may make application to the Chief of the Department to qualify
him/her for pranotion to a rank irrmediately superior to his/her
present rank,
(c) Every reccmnendation for pranotion of a member made to the Council by
the Chief of the Department shall be based on the evaluation of:
(i) the results of examinations taken by the member,
(ii) the age and physical fitness of the member, and
(iii) the fire and station record of the member.
When, in the opinion of the Chief of the Department, all other factors
for the pranotion of two or more members are equal, seniority of
service in the Department governs.
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Page 5 - By-Law #86-09
14. Cont'd
(e) The fire fighting and station record of each member of the Department
shall be evaluated as follows:
(i) The Captain of each oampany shall evaluate each member of the
oampany.
(f) The Chief of the Department and the Deputy Chief shall evaluate all
members of the Department who are participating in an examination
for pranotion.
(g) Every applicant for pranotion shall take such written, oral and
practical examination as may be required by the Chief of the
Department.
15. 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.
16.
(a) Every member of the Department shall report for duty at the time
prescribed by the departmental rules and shall remain on duty until
relieved.
(b) In the case of a member failing to report for duty, the officer in
charge shall report this in writing, through his/her superior
officer, to the Chief of the Department.
(c) No member:
(i) while in unifoDn, shall enter any premises where alcoholic
beverages are sold or consumed, except in the perfonnance of
his departmental duties,
(ii) if his ability is impaired by the use of an intoxicating
beverage or drug, shall be pennitted to ranain on duty,
(iii)while on duty, shall consume any intoxicating beverage or drug.
(d) No member shall solicit the influence or support of anyone in order
to secure a transfer, pranotion or other advantage.
17.
(a) The Chief of the Department may reprimand, suspend or rearmend
dismissal of any member for insubordination, inefficiency, misconduct,
tardiness or for nonoampliance 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.
(b) Following the suspension of any member the Chief of the Department
shall report the suspension and his recarmendations to the Council.
(c) A member shall not be dismissed without being afforded the
opportunity for a hearing before Council, if he/she makes a written
request for such hearing within seven days after receiving notice of
his/her proposed dismissal.
18. The Department shall not respond to a call with respect to a fire or
anergency outside the limits of the municipality except with respect
to a fire or emergency:
(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;
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Page 6 - By-Law #86-09
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(b) In a municipality with which an agreanent has been entered into to
provide fire protection;
(c) on property with respect to which an agreanent has been entered into
with any person or corporation to provide fire protection; or
(d) On those higways that are under the jurisdiction of the Ministry
of Transportation and Cœrnunications or within the Region, County
or District where the Region, County or District has established
a rescue system.
19. This by-law canes into effect on the day it is passed by Council.
Passed this
~y OF
,1986
HEAD OF MUNICIPALITY
CLERK OF MUNICIPALITY
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APPENDIX
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. W.P. NO. fa9245tO
RECOMMENDED ESTABLISHING AND REGULATING BY-LAW (PART-TIME)
By-law No.
Being a By-law to Establish a Fire Department
WHEREAS the Municipal Act provides that the Council may by by-law establish
and regulate a fire department;
Therefore, the Council of the Corporation of the Township
of
enacts as follows:
1.
In this by-law, unless the context otherwise requires,
(A) "Council" means the Council of the Township of
(B) "Department" means the Township of
Fire Department,
and
(C) "Member" includes an officer
(D) "Fire Protection" means prevention, rescue and suppression services.
2.
A Department for the Township of
to be known as the
Township of
Fire Department is hereby established and
the head of the Department shall be known as the Chief of the Department.
.
3. In addition to the Chief of the Department, the Department personnel shall
consist of a Deputy Chief and such number of Assistant Deputy Chiefs, Division
Chiefs, Captains and other Officers and members as from time to time may be
deem~d necessary by the Council.
4.
(A)
The Chief of the Department may recommend to the Council the
appointment of any qualified person as a member of the Department.
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(B) A person is qualified to be appointed a member of the Department for fire
fighting and prevention duties who:
has sucessfully completed at least Grade
Ii
is of good character,
Hi passes such aptitude and other tests as may be required by the Chief of the
Department and the Personnel Officer, and
iv is medically fit to be a member as certified by a physician designated by
the Chief of the Department.
(C) A person appointed as a member of the Department for fire fighting and
fire prevention duties shall be on probation for a period of
, during
which period he/she shall take such special training and examinations as
may ba required by the Chief of the Department.
(D)
If a probationary member appointed for fire fighting duties fails any such
examinations, the Chief of the Department may recommend to the Council
that he/she be dismissed.
5. The remuneration of all members of the Department shall be as determined by the
Council.
6. The Chief of the Department is responsible to the Council for the proper
administration and operation of the Department, for the discipline of its members
and,
(A) may make such general orders and departmental rules as may be necessary
for the care and protection 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
Municipality,
(B) . 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 municipal by-laws respecting fire prevention and exercise the
powers imposed on him/her by the Fire Marshals Act,
,
(D) is responsible for the enforcement of this by-law and the general orders and
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depertmental rules,
(E) shall report all fires to the Fire Marshal as required by the Fire Marshals
. Act,
(F) shall submit to the Council for its approval the annual estimates of the
Department.
7. The Deputy Chief shall report to the Chief of the Department on the activities of
the Divisions that are his/her responsibility and carry out the orders of the Chief,
and in the absence of the Chief, has all the powers and shall perform all the duties
of the Chief.
8. (A) The Department is composed of the following Divisions:
Division of Administration
Division of Apparatus, Equipment and Communications
.
Division of Fire Fighting
Division of Fire Prevention
Division of Training.
(B) Each Division of the Department, except the Division of Fire Fighting, is
under the direction of a Division Chief who is responsible to the Deputy.
Chief for the proper operation of the Division. When a Division Chief has
not been appointed, the Chief of the Department, or the Deputy Chief,
shall assume the responsibility of the Division until such an appointment is
made.
(C)
The Division of Fire Fighting is under the direction of the Deputy Chief
who is responsible to the Chief of the Department for the proper operation
.
of the Division.
9. The CNef of the Division of Administration is responsible to the Deputy Chief for
carrying out the following duties of the Division:
(A) Provide administration facilities for the Chief and Deputy Chief of the
Department,
(B) Prépare 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 new buildings,
Arrange for the provision of medical services,
Prepare the annual report of the Department,
Carry out the general administrative duties of the Department,
Provide liaison with the County Fire Co-ordinator,
Assist the County Fire Co-ordinator in the preparation of a County
Emergency Fire Service Annex and operating procedures.
The Chief of the Division of Apparatus, Equipment and Communications is
responsible to the Deputy Chief for carrying out the following duties of the
Division:
(A) Prepare specifications for the purchase of apparatus and equipment,
(8) Maintain and keep in repair all existing buildings, fire fighting rescue and
salvage apparatus of the Department,
(C) Modify apparatus and equipment,
(D) Provide recharging facilities for fire fighting extinguishers and cylinders
and to test and repair hose,
(E) Whera a Waterworks Commission is established, provide liaison in order t.o
ensure an adequate flow of water in new waterworks projects and the
adequate maintenance of existing waterworks facilities for the use of the
Department,
(F) Issue clothing, equipment and cleaning supplies,
(G) Receive alarms and dispatch apparatus,
(H) Prepare specifications for new communication systems and for additions to
existing communication systems,
(n Maintain the communications systems of the Department,
(J) Prepare the annual report and budget of the Division of Apparatus,
Equipment and Communications to be submitted to the Division of
Administration.
(A) The Deputy Chief is responsible to the Chief of the Department for the
management and operation of the Division of Fire Fighting and for carrying
out the following duties of the Division:
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(D)
(E)
(F)
. (G)
(H)
(I)
(J)
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12.
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i. Prevent, control and extinguish fires,
ii. Conduct in-service fire prevention inspections of all classes of
occupancies,
iii. 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,
iv. Perform rescue and salvage operations and render first aid,
v. Respond and assist at such emergencies as may be required by the
Chief of the Department,
vi. Participate in training at stations,
vii. Conduct pre-fire fighting operations planning,
vlil. Perform apparatus maintenance and cleaning duties at stations,
Ix. Prepare the annual report and budget of the Division of Fire
Fighting to be submitted to the Division of Administration.
(6) 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 Deputy Chief.
(C) Where the Chief of the Department designates a member to act in the
place of an officer in the Dep3rtment, such member, when so acting, ha~
all the powers and shall perform all the duties of the officer replaced.
The Chief of the Division of Fire Prevention is responsible to the Deputy Chief for
carrying out the following duties of the Division:
(A) Conduct fire prevention inspections of premises,
(6) Enforce fire prevention by-laws,
(C) Examine building plans,
(D) Provide personnel for fire prevention lectures,
(E) . Establish and maintain photography facilities,
(F) Maintain fire loss records,
(G) Receive, process and follow up reports of fire prevention inspections
conducted under the Division of Fire Fighting,
(H) Prepare the annual report and budget of the Division of Fire Prevention to
be submitted to the Division of Administration.
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13. The Chief of the Division of Training is responsible to the Deputy Chief for
carrying out the following duties of the Di vision:
(A) Conduct training for all personnel of the Department in fire administration,
· fire prevention and fire suppression,
(B) Administer training programs in stations,
(C) Prepare and conduct examinations of members as required by the Chief of
the Department,
(D) Prepare an annual report and budget of the Division of Training to be
submitted to the Division of Administration.
14. (A) The provisions of this section, with respect to the promotion of members,
,
do not apply to the Deputy Chief,
e:./
(B) Any member having at least ..;
years of service with the
Department may make application to the Chief of the Department to
·
qualify him/her for promotion to a rank immediately superior to his/her
present rank,
(C) Every recommendation for promotion of a member made to the Council by
the Chief of the Department shall be based on the evaluation of:
i. the results of examinations taken by the member,
ii. the age and physical fitness of the member, and
iii. the fire and station record of the member.
(D) 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.
·
(E) The fire fighting and station record of each member of the Department
shall be evaluated as follows:
i. The Captain of each company shall evaluate each member of the
company.
(F) The Chief of the Department and the Deputy Chief shall evaluate all
members of the Department who are participating in an examination for
promotion.
(G) Every applicant for promotion shall take such written, oral and practical
examination as may be required by the Chief of the Department.
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15. Every member of the Department appointed for fire fighting duties is subject to a
medicat"examlnation at least once annually and at such other times as the Chief
"
of the Department may require
16.
(A) Every member of the Department shall report for duty at the time
prescribed by the departmental rules and shall remain on duty until
relieved.
(6) In the case of a member faillng to report for duty, the officer in charge
shall raport this in writing, through his/her superior officer, to the Chief of
the Department.
(C) No member:
i. while in uniform, shall enter any premises where alcoholic beverages
are sold or consumed, except in the performance of his departmental
duties,
ii. if his ability is impaired by the use of an intoxicating beverage or
drug, shall be permitted to remain on duty,
iii. while on duty, shall consume any intoxicating beverage or drug.
(D) No member shall solicit the influence or support of anyone in order to
secure a transfer, promotion or other advantage.
17. (A) 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.
(B) Following the suspension of any member the Chief of the Department shall
report the suspension and his recommendations to the Council.
(C) . A member shall not be dismissed without being afforded the opportunity for
a hearing before Council, if he/she makes a written request for such
hearing within seven days after receiving notice of his/her proposed
dismissal.
18. The Department shall not respond to a call with respect to a fire or emergency
outside the limits of the municipality except with respect to a fire or emergency:
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(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;
(8) in a municipality with which an agreement has been entered into to provide
fire protection;
(C) on property with respect to which an agreement has been entered into with
any person or corporation to provide fire protection; or
(D) on those highways that are under the jurisdiction of the Ministry of.
Transportation and Communications or within the Region, County or
District where the Region, County or District has established a rescue
system.
19. This by-law comes into effect on the day it is passed by Council.
Passed this
day of
,19
Head of Municipality
Clerk of Municipality
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