HomeMy WebLinkAboutTIV 91 027 regulate fire depart
.:
I
."
'ï',?"
A~1Bt"~fIt .
IM.AWNO~
...-~t. 7r-. :ZCC4j
'rill!: CORPORA'll 011 OF 'lHB VIT.T.amz OF TIVBR'lOR
BY-I.a. RO. 91-27
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, the
Tiverton enacts
Council of
as follows:
the
Corporation
of the Village of
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
Village 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 -
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.
-
'-
2. A.
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. The goals statement of the department shall be as those
contained in Appendix "A" of this by-law and the
department shall be organized as per Table 1 forming
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.
B.
.
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.
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.
.
.
.
E.
5.
A.
B.
- 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.
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.
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.
Following the suspension of any
department shall report the
recommendations to the Council,
of Management.
member the Chief of the
suspension and his/her
through the Joint Board
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,
/
- 4 -
A. 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.
.
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
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;
ii) 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
Management for
the department.
the Council through the Joint Board of
its approval the annual estimates for
"
- 5 -
8.
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
9.
A.
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
B. 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.
10. 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.
D. Maintain
. E. Arrange
F. Arrange
G. Provide
He/she shall:
A. Provide administration facilities for the Chief and
Deputy Chief of the department;
Prepare the departmental budget and exercise control of
the budget;
Prepare the payroll of the
requisitions for materials and
accounts of the department;
personnel records;
for the provision of medical services;
for the provision of adequate housing;
liaison with the local fire fighters'
B.
C.
department and initiate
services and certify all
association;
H. Prepare the annual report of the department;
I. Carry out the general administrative duties of the
department;
J. Provide liaison with the County Fire Co-ordinator;
K. Assist the County Fire Co-ordinator in the preparation
of a County Emergency Fire Service Plan and Program.
-,'
"
- 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:
.
12.
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 for fire fighting
extinguishers and cylinders and to test and repair
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.
E.
F.
G.
H.
I .
The Division of Fire
number of companies as
determine.
Fighting is
the Chief of
composed of such
the department may
B.
The Chief of the
carrying out, or
following duties
Division of Fire
fire department is responsible for
delegating in total, or in part, the
pertaining to the function of the
Fighting. He/she shall:
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;
- 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.
D. 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.
13.
The Chief of the fire
out, or delegating
duties pertaining to
Prevention through
He/she shall:
department is responsible for carrying
in total, or in part, the following
the function of the Division of Fire
an approved fire prevention policy.
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
Fire Fighting;
G. Prepare the annual report and budget of the Division of
Fire Prevention to be submitted to the Division of
Administration.
.
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. 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;
B. Administer training programs in stations;
.,.
- 8 -
C.
Prepare and
required;
conduct
examinations of members as
D.
Prepare an annual report and budget
Training to be submitted to
Administration.
of the
the
Division of
Division of
.
15. A.
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 oplnlon 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.
16. A.
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;
i i)
The Fire Chief
each officer of
shall review the
the department.
performance of
17.
The department shall not respond to a call
fire or emergency outside the limits of
except with respect to a fire or emergency:
with respect to a
the 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.
18. That we hereby repeal By-law No. 73-5
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 and
numbered 91-27 this 10th
10th
day
read a First time this
time this 10th
day of SEPTEMBER,
finally passed, signed, sealed, and
day of SEPTEMBER, 1991.
~~~
CLERK
~~ú
,
REEVE
-
~
. '.
. "
:'; SEAL
'/
'- ~;'"
.
.-
'-
.
.-.
.;
..
.
.. .¿ ~..,
. ,
.-
.
APPENDIX "A"
PRIMARY ~aT·S OF 'lHB FIRE DEPAR'l'MEHT
.
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 tbe fire depart~nt:
In order to achieve the goal of the fire department, necessary
funding must be in place and the following objectives met:
1. Identify and review the fire services requirements of the
municipality.
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.
i
5.
Provide a maintenance
apparatus, including
to emergency calls.
program to ensure
allied equipment,
all fire protection
is ready to respond
6. Provide an effective fire prevention program to:
(a) Ensure, through plan examination and inspection, that
required fire protective equipment is installed and
maintained within buildings;
(b) Reduce and/or eliminate fire hazards;
~
APPENDIX "An
- 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
assistance to cope with the situation
outside departments and other agencies.
the
is
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.
11. Ensure these objectives are not in conflict with any other.
Appendix to By-law No. 91-27 passed
this 10th day of September, 1991.
,', ·.-ll..J1dL /7
:.,'.. /~
: ,~ ~ ...( 'P,.-
- .../ !tee'l~--
. "
- .
" <~;JJMJ4~
_ " , . c~~~~--'
----
_.- ---:.-
··e.
'1~ ,.
BSTABLISBIHØ JUfD uøOLA'I'IHO BY-LAN
'I'IVBR'I'OJI JUfD DIS'I'RIC'I' FlU DDU'l'llUT
'I'aaLII . 1--
0JUJAII11A'I'10JIAL CIIAR!
.
JOIHT so
SRoeB 2, KINCARDIH. 2,
TIVBRTON 1, FlU CRIBI'.
'I'IVBRTON
COUNCIL
KIIlCUDIIfB 'fliP.
SBCRBTARY---------- ---------TRAININO OfFICER
---------HECHANICAL OFFICER
CAP'1'AIJf
CAPTAIN
CAPTAIN
..
FIRE-
FIOHTERS
..
f'IRS-
FIOSTERS
4
IRE-
PIOHTERS
..
IRB-
FIOHTERS
I
Table '1 to By-law No. 91-27
passed this 10th
day of September, 1991.