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REPORT
EMERGENCY AND FIRE SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Report #: ESD-009-07
File #
10.12.6
~~--\\ 3<\,. -e-:r
By-law #
Date: June 8, 2007
Subject:
EMERGENCY AND FIRE SERVICES GOVERNING BY-LAW
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD-009-07 be received;
2. THAT the attached By-law #84-68 (establishing by-law), and By-law #94-172
(amendment) be rescinded; and
3. THAT the attached Emergency and Fire Services Governing By-law be forwarded to
Council for approval.
ATTACHMENT # 1: By-law for Mutual Aid and Automatic Response
ATTACHMENT # 2: By-law 84-68
ATTACHMENT # 3: Report FD-1-94
ATTACHMENT # 4: By- aw 94-172 /:
Submitted by: v-..--. Reviewed by: U~
G on ir, AMCT, CMM111 1.1 Franklin Wu,
Director of Emergency & Fire Services 1; Chief Administrative Officer
GW:sr
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506
REPORT NO. ESD 009-07
PAGE 2
BACKGROUND
1.1 The Fire Department was established under By-law #84-68, which provided a
description of the department at that time. It also provided for detailed
descriptions of positions, which were created at the time, for the prevailing fire
and emergency service levels. The report which gave rise to the amendment to
the establishing by-law (Report # FD-1-94) is attachment #3 for background and
information. It provides for water rescue which was incorporated into the
establishing by-law by the amending by-law #94-172 (attachment #4).
1.2 The establishing by-law was subsequently amended with By-Law #94-172, but
since then the department organization, staffing and service level has been
amended from time to time by Council, through the annual budget process,
leaving many references in the establishing by-law as inapplicable to the current
organization.
1.3 Also, the existing by-laws do not clearly define the criteria for mutual aid and
automatic response as required when we are asked for assistance in
neighbouring communities, such as the Cobourg plastics fire that occurred in
April of 2005.
1.4 Amendments to the Emergency Management and Civil Protection Act now
require that our resources may be deployed throughout the Province at the
Premier's request.
PROPOSED UPDATED BY-LAW
2.1 The existing By-laws #84-68 and #94-72 are rescinded through the attached By-
law #2007-00 with the intention of maintaining the department, updating the
references to reflect the core service practices, and allowing for organizational
change through the budget process.
2.2 The attached By-law #2007-00 also updates the mutual aid and automatic
response provision to reflect the industry norm and current practices.
Attachment #1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
EMERGENCY & FIRE SERVICES GOVERNING BY-LAW,
BY-LAW NUMBER #2007-xx
MUTUAL AID AND AUTOMATIC RESPONSE
WHEREAS the purpose is to repeal the by-law establishing the Emergency and Fire
Services Department for the purpose of updating the reference terminology and to rescind By-
laws #84-68 (establishing By-law), and 94-172 (amendment to #84-68).
WHEREAS the Fire Protection and Prevention Act, (FPPA) 1997, S.O. 1997, c. 4, as
amended, requires every municipality to establish a program in the municipality which must
include public education with respect to fire safety and certain components of fire prevention and
to provide such other Fire Protection Services as it determines may be necessary in accordance
with its needs and circumstances; and
WHEREAS the FPP A permits a municipality, in discharging these responsibilities, to
establish a Fire Department; and
WHEREAS the FPP A permits a Council of a municipality to establish, maintain and
operate a Fire Department for all or any part of the municipality; and
WHEREAS the FPP A requires a Fire Department to provide fire suppression services
and permits the Fire Department to provide other Fire Protection Services in the municipality.
NOW THEREFORE the Council of the Corporation ofthe Municipality of Clarington
enacts as follows:
1. DEFINITIONS
In this by-law, unless the context otherwise requires;
1.1 "Approved" means approved by the Council;
1.2 "Automatic Aid" means a municipality agrees to ensure the provision of an initial or
supplemental response to fires, rescues, and emergencies that may occur in a part of
another municipality where a fire department in the municipality is capable of
responding more quickly than any fire department situated in the other municipality;
1.3 "CAO" means the Chief Administrative Officer appointed by Council to act as Chief
Administrative Officer for the Corporation;
1.4 "Confined Space" means a fully or partially enclosed space in accordance with Health
and Safety regulations;
1.5 "Corporation" means The Corporation of the Municipality of Clarington;
1.6 "Council" means the Council of the Municipality ofClarington;
1.7 "Chief' means the person appointed by the Council to act as Fire Chief for the
Corporation and it ultimately responsible to Council as defined in the FPP A;
1.8 "Deputy Fire Chief(s)" means the person(s) appointed by the Council and who many act
on behalf of the Fire Chief in the case of any absence of the Fire Chief or a vacancy in
the office of the Fire Chief. (If the title changes the responsibility will reside with the
person taking on the duties);
1.9 "Division" means a Division of the Municipality of Clarington Fire Department;
1.10 "Fire Department" means the Municipality of Clarington Emergency & Fire Services;
1.11 "Emergency" defined to include an unforeseen event that involves imminent danger to
the life, health and safety of any person and includes medical assistance or non-fire
emergency such as a storm, flood or another Act of God;
1.12 "Emergency Response Plan' mean an emergency plan formulated under the Emergency
Management and Civil Protection Act which specifies procedures to be taken for the
safety or evacuation of persons in an emergency area, provide for obtaining and
distributing materials, equipment and supplies during an emergency and provide for
such other matters as are considered necessary or advisable for the implementation of
the emergency plan during an emergency;
1.13 "FPP A" means the Fire Protection and Prevention Act, 1997, S.O., c 4, as may be
amended from time to time, or any successor legislation, and any regulation made
thereunder;
1.14 "Fire Protection Services" includes fire suppression, fire prevention, fire safety
education, communications, training of persons involved in the provision of Fire
Protection Services, rescue and emergency services and the delivery of all those
services;
1.15 "High Angle" means an environment in which the load is predominately supported by a
rope rescue system;
1.16 "HUSAR" means Heavy Urban Search And Rescue;
1.17 "Member" means any person employed in or appointed to the Fire Department and
assigned to undertake Fire Protection Services;
1.18 "Mutual Aid" means where the Council of the Municipality has made an agreement or
plan with another municipality or Region; or at the discretion of the Chief as provided
for herein, for the provision of any personnel, service, equipment or material during an
emergency;
1.19 "Tiered Response" means the process of dispatching police, fire and ambulance to what
is determined to be a life threatening situation. Tiered response endeavors to send the
closest appropriate emergency response agency, based on time, to render assistance at
the scene of an emergency incident until the primary response agency can arrive.
2. ESTABLISHMENT
2.1 The Fire Department was established by By-law #84-68 and By-laW# 94-172 which is
repealed herein for the purpose of updating references to reflect current terminology and
practice. Despite repeal of By-laws, the Emergency and Fire Services Department will
continue with services and organization as has been and as may be amended and
approved by Council from time to time.
2.2 The Fire Department is continued under this By-law to provide Fire Protection Services
and any other service as approved by Council for the Corporation and shall be known as
the Clarington Emergency & Fire Services.
3. CORE SERVICES
3.1 For the purposes of this By-law core services provided by the Fire Department will be as
per Appendix "A" forming part of this By-law.
3.2 Nothing in the By-law will restrict the Fire Department to providing only core services or
limit the provisions of Fire Protection services, as set out/covered under appointing by-
law, as approved by Council.
4. PROPERTY/APPARATUS USE
4.1 No person shall supply any apparatus, equipment, or other property of the Fire
Department for any personal or private use.
4.2 No person shall willfully damage or render ineffective or inoperative any apparatus,
equipment or other property belonging to or used by the Fire Department.
5. FIRE SUPPRESSION
5.1 The Fire Department may suppress any fire or other hazardous condition by
extinguishing it or by other reasonable action and, for this purpose, may enter private
property, if necessary, to do so.
5.2 The Fire Department may pull down or demolish any building or structure, with the
assistance of the municipal or other equipment and services available; when considered
necessary to prevent the spread of fire.
6. MUTUAL AND AUTOMATIC AID RESPONSE FROM OUTSIDE THE LIMITS OF
THE MUNICIPALITY (Automatic and Mutual Aid Agreements)
A) Aid to the Municipality of Clarington (requested by the Municipality)
The fire Department may request other municipalities to provide mutual aid and other
qualified persons present at a fire to assist in;
6.A.1 Extinguishing fires;
6.A.2 Pulling down or demolishing buildings or structures to prevent the spread of fire;
6.A.3 Crowd and traffic control; or
6.A.4 Suppression of fires or other hazardous conditions in other reasonable
ways.
B) By the Municipality to Others (response outside the limits)
The Fire Department shall respond to a call with respect to a fire or emergency outside
the territorial limits of the Corporation with respect to a fire or emergency including non-
fire emergencies under the following conditions;
6.B.l In the opinion of the Fire Chief or designate of the Fire Department, conditions
threaten property outside the territorial limits of the Corporation that is owned or
occupied by the Corporation;
6.B.2 In a municipality with which an approved automatic aid or mutual aid agreement
has been entered into to provide Fire Protection Service or other emergency
assistance, including Oshawa By-law 2001-172 and Port Hope By-law 2002-13
as established.
6.B.3 On property with which a Council approved agreement has been entered into with
any person or corporation to provide Fire Protection Services or other emergency
assistance;
6.BA At the discretion of the Fire Chief, to a municipality authorized to participate in
any regional or Municipal mutual aid plan established by a fire co-ordinator
appointed by the Fire Marshall or any similar reciprocal plan or program, or as
determined necessary by the Fire Chief, and
6.B.5 As directed by the Province under Emergency Management and Civil Protection
Act or any other prevailing government directive, or as determined by the Fire
Chief.
6.B.6 Coverage/ability when asked to respond and when requesting response from
Municipalities with no formal program or plan is at the discretion of the Fire
Chief
6.B.7 The Fire Department is not required to respond to requests by private companies;
non government; or incorrect assigned calls.
6.B.8 On property beyond the territorial limits of the Corporation where the Fire Chief
or designate determines immediate action is necessary to preserve life or property
and the appropriate fire department is notified to respond and assume command or
establish alternative measures, acceptable to the Fire Chief or designate, provided
it does not compromise our own Municipality level of service or commitments
with the right to withdraw at any time to service home Municipality's needs.
6.B.9 Oshawa and Port Hope or any other existing response agreements will continue to
operate on Automatic and Mutual Aid response with replacement cost based on
Council's approval of this By-law. Agreements may be amended and approved
by Council.
7. MUTUAL AID RELATED EXPENSES (& OTHER EXPENSES)
7.1 If as a result of Fire and Emergency Services (i) response to an emergency
including a motor vehicle incident, (ii) under a Mutual or Automatic Aid agreement or
(iii) carrying out any of its duties or functions the Fire Chief or Deputy Fire Chief
determines that it is necessary to incur additional expenses, retain a private contractor,
rent special equipment not normally carried on a fire apparatus or use more materials than
are carried on a fire apparatus (the "Additional Service") in order to suppress or
extinguish a fire, preserve property, prevent a fire from spreading, control and eliminate
an emergency, carry out or prevent damage to equipment owned by the Corporation or
otherwise carry out the duties and functions of Fire and Emergency Services, the owner
of the property requiring or causing the need for the Additional Service shall be charged
the costs to provide the Additional Service including all applicable taxes. Property shall
mean personal and real property.
7.2 Cost recovery under Automatic and Mutual Aid response agreement will be as per the
Province direction unless otherwise specified. To the extent reasonably possible
materials/supplies will be replaced or cost recovery excluding cost of manpower and
excluding something out of the ordinary. The cost recovery provision should be
incorporated into Automatic and Mutual Aid agreements.
8. INTERFERENCE
8.1 No person shall impede or interfere with or hinder the Fire Department in the
performance of its duties.
8.2 No person present at a fire shall refuse to leave the immediate vicinity when required to
do so by the Fire Department.
8.3 During a fire and for the time after it has been extinguished that is required to remove the
apparatus and equipment ofthe Fire Department and render the location and vicinity safe
from fire, no person, either on foot or with a vehicle of any kind, shall enter or remain
upon or within;
8.3.1 The portion of any street or lane upon which the site of the fire abuts or upon any
street or lane for a distance of fifteen (15) metres on each side ofthe property
damaged by fire; or
8.3.2 Any additional street or lane or part of a street or lane or any additional limits in
the vicinity ofthe fire as may be prescribed by the Fire Chief or the next ranking
officer present at the fire.
8.4 The provisions of section 8.3 shall not apply to a resident of any street or lane or within
any prescribed additional limit or any person so authorized to enter or remain by an
officer of the Fire Department or by a police officer.
8.5 No person shall prevent, obstruct or interfere in any manner whatsoever with the
communication of a fire alarm to the Fire Department or with the Fire Department
responding to a fire alarm that has been activated.
9. OFFENCES
9.1 Every person who contravenes any provisions ofthe By-law is guilty of an offence and
on conviction is liable to the penalty established by the prevailing Provincial Offences
Act, as may be amended or any other prevailing By-law or legislation, as may be
amended or replaced from time to time, inclusive of costs.
10. CONFLICT
10.1 Where this By-law may conflict with any other By-law of the Corporation, this
By-law shall supersede and prevail over that By-law to the extent ofthe
conflict.
11. SEVERABILITY
11.1 If any section or part of this By-law is found to be illegal or beyond the power of the
Corporation, such section or part of item shall be deemed to be severable and all other
sections or parts of this By-law shall be deemed to be separate and independent
therefrom and to be enacted as such.
12. This By-law comes into effect the day it is passed by Council.
13. REPEAL
By-law Number #84-68 and #94-172 is hereby repealed.
READ a first and second time this
day of
,2007
READ a third time and finally passed this day of , 2007
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
APPENDIX "A"
CORE SERVICES
1. FIRE SUPPRESSION AND EMERGENCY RESPONSE
1.1 Fire suppression services shall be delivered in both an offensive and defensive
mode and shall include search and rescue operations, forcible entry, ventilation,
protecting exposures, salvage and overhaul as appropriate.
1.2 Emergency pre-hospital care responses and medical acts such as defibrillation,
standard first aid, CPR, and the Emergency Medical Responder Program shall be
maintained to Base Hospital protocols as agreed.
1.3 Special rescue services shall include performing extrication using hand tools, air
bags and heavy hydraulic tools as required. Full time firefighters will be trained in
basic rope rescue techniques as determined by the Fire Chief. Water/Ice rescue
services shall be provided by those firefighters who are competently trained to
perform the requested level of service as determined by the Fire Chief (up to level
III if so trained).
1.4 Confined space rescue, HUSAR and other highly specialized rescue services shall
not be provided by Clarington Emergency & Fire Services (CEFS) beyond the
basic awareness level. Clarington Emergency & Fire Services does not provide
Trench Rescue.
1.5 Defensive hazardous material emergency response shall be conducted to the
operations level by the fuIItime firefighters, and awareness level by the part-time
firefighters. In addition to operations level response, the capability for rescue and
emergency decontamination shall be maintained where resources permit.
1.6 The Ontario Firefighters Curriculum, International Fire Service Training
Association "Essentials of Fire Fighting", Ontario Fire Service Standards and other
related industry training standards and reference materials may be used as reference
guides for CEFS training as approved by the Fire Chief. All training will comply
with the Occupational Health and Safety Act and any other applicable provincial
legislation.
2. FIRE PREVENTION
2.1 Inspections arising from complaint, request, retrofit, or self initiated and fire
investigations shall be provided in accordance with the FPPA and policies of the
fire prevention division.
2.2 New construction inspections and plan reviews of buildings under construction in
matters respective of fire protection systems within buildings shall be conducted in
accordance with the applicable By-law and operating procedures.
2.3 The Ontario Fire Service Standard for Fire Prevention Officers shall be used as a
reference guide for fire prevention training.
3. FIRE SAFETY EDUCATION
3.1 Distribution of fire and life safety information and public education programs shall
be administered in accordance with the FPP A and policies of the departments Fire
Prevention & Public Safety Division.
3.2 A residential Smoke Alarm awareness program shall be ongoing.
3.3 The department shall maintain at least one public fire and life safety educator
certified to the Ontario Fire Service Standard.
4. EMERGENCY DISPATCHING AND COMMUNICATIONS
4.1 The Ontario Fire Service Communications Standard shall be used as a reference
guide for emergency dispatching and communications and shall provide the
following minimum services;
4.1.1 Provide emergency call taking and dispatching of emergency vehicles.
4.1.2 Provide after hour's emergency and non-emergency call taking for Operations, By-
law Services, and other agencies as required.
A TT ACHMENT #2
AMENDED -!Y . 11 ;l...
BY-LAW.:1:1.........
THE CORPORATION OF THE TOWN OF NEWCASTLE [___.
BY-LAW 84- 68
being a by-law to provide for the establish c... '..
and regulation of a Fire Department for the
Town of Newcastle
---......,
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 TOWN OF NEWCASTLE HEREBY
ENACTS AS FOLLOWS:
DEFINITIONS:
1. In this by-law, unless the context otherwise requires;
(a) "Council" means the Corporation of the Town of Newcastle;
(b) "Department" means the Town of Newcastle Fire Department;
(c) "Fire Protection" means prevention, rescue and suppression
services;
(d) "Personnel" includes all part-time and full time personnel of the
Town of Newcastle Fire Department.
2. A department for the Town of Newcastle to be known as the Town of
Newcastle 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 other officers and firefighting personnel as may be
deemed necessary by Council.
4. (a) The Chief of the Department may recommend to the Council the
appointment of any qualified person to the Department.
(b) Where a person is qualified to be appointed a full time employee,
of the Department for fire fighting and prevention duties, such
appOintment shall be subject to all of the terms and conditions
of employment established for such position by the Town of Newcastle.
5. The remuneration of all personnel of the Department shall be as
determined by the Council within the terms of the Fire Department Act.
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 may be determined from time to time to assist
the Chief in these duties;
\. Fl." '., ..(ocg.:J?:).....................l
By-law 84- 'i
- 2 -
(c) shall take all proper measures for the prevention, control and
extinguishing 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 the Chief
by the Fire Marshals Act;
(d) shall be 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 for its approval, the annual estimates
of the Department;
(g) where the Chief of theDepartment designates another person to
act in place of an officer in the Department, such person when
so acting, shall have all the powers and shall perform all the
duties of the officer replaced.
7. (a) The Department is composed of the following divisions:
Administration Division;
Fire Fighting Division;
Fire Prevention Division;
Training Division.
8. The Chief shall be responsible for carrying out, or co-ordinating the
following duties of the Divisions:
(a) Provision of Administrative Facilities;
(b) Preparation of and control of the departmental budget;
(c) Preparation of the Departmental payroll. initiate requisitions for
materials and services and approve of all departmental expenditures;
(d) Maintenance of personnel records;
(e) Advise Council on new building requirements as necessary;
(f) Arrange for the provision of medical services that may be required
from time to time;
(g) Preparation of the annual report to Council on Departmental activities;
(h) Carrying out of the general administrative duties of the Department;
(i) Provision of liaison with the local Fire Fighters' Association;
(j) Provision of liaison with the Regional Fire Co-ordinator;
(k) Assist the Durham Region Fire Co-ordinator in the preparation of an
emergency fire service index and operating procedures.
(I) Preparation of specifications for the purchase of new apparatus and
equipment;
(m) Maintenance and repair of all existing buildings. fire fighting and
rescue and salvage apparatus of the Department;
(n) Modification of fire apparatus and equipment as may be required from
time to time;
By-law 84- "
- 3 -
(0) Provision of liaison with the Regional Departments to ensure an
adequate flow of water in new waterworks projects and the adequate
maintenance of existing waterworks facilities for the use of the
Department;
(p) Issuing of clothing, equipment and cleaning supplies;
(q) Preparation of specifications for new communication systems and for
additions to existing communication systems;
(r) Maintenance of the communication systems of the Department;
(s) (i) Prevention, control and extinguishing of fires;
(i i) Conduct of in-service fire prevention inspections for all
classes of occupancies;
(i i i) Conduct investigations to determine cause and origin of
fires 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
to victims as may be required from time to time;
(v) Conduct pre-fire fighting operations planning;
(t) (i) Conduct fire prevention inspections of premises;
(ii) Enforcement of fire prevention by-laws;
(iii) Examination of building plans;
(i v) Provision of instructors for fire prevention lectures;
(v) Maintenance of fire loss records;
(v i) Receiving, processing and preparation of follow-up reports
of fire prevention inspections;
(vii) Promotion of fire prevention activities and programs
throughout the municipality;
(u) (i) Conducting training courses for all personnel of the
Department with respect to fire administration, fire
prevention, and fire suppression;
(ii) Administration of training programs in all fire stations;
(iii) To regularly test the proficiency of all fire fighting
personne 1 ;
9. (a) All recommendations for promotion of fire fighting personnel shall
be based upon an evaluation of the following elements:
(i) the results of examinations taken by the fire fighter;
(i i) the age and physical fitness of the fire fighter;
(iii) the fire and station record of the fire fighter;
(b) The Chief of the Department, or his designate, shall evaluate all
the personnel of the Department participating in an examination
for promotion;
(c) Every applicant for promotion shall take such written, oral and
practical examinations as may be required by the Chief of the
Department.
By-law 84- 1,1
- 4 -
10. (a) All Departmental personnel appointed for fire fighting duties
shall be subject to a medical examination annually, and at such
other times as the Chief of the Department may require.
(b) If a board of medical examiners finds that a fire fighter is
physically incapable of performing his assigned departmental duties
and that such condition is attributable to and a result of his
employment in the Department, the Council may assign the person to
other employment, retire the person or terminate his employment.
And in that event, provide such allowances as may be consistent
with Town Policy.
11. (a) All Department personnel shall report for duty at the time
prescribed by the departmental rules and shall remain on duty
until removed or re-assigned.
(b) Where a fire fighter fails to report for duty, the officer in
charge shall file a report through their superior officer, to the
Chief of the Department.
(c) Fire Department Personnel:
(i) while in uniform, shall not enter any premises where
alcoholic beverages are sold or consumed, except in the
performance of their departmental duties;
(ii) shall not be permitted to remain on duty if their ability
is impaired by the use of an intoxicating beverage or drug;
(iii) while on duty, shall not consume any intoxicating beverage
or drug.
(d) Department personnel shall not solicit the influence, or support
of anyone in order to secure a transfer, promotion or other advantage.
12. (a) The Chief of the Department may reprimand, suspend or recommend
dismissal of any department personnel for insubordination, inefficiency,
misconduct, tardiness or for non-compliance 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) Where Departmental personnel have been suspended or dismissed,
the Chief of the Department shall report the suspension or dismissal
to the Chief Administrator's Office.
(c) Department personnel shall not be dismissed without the benefit of
a hearing. And such hearing shall be undertaken by the Chief
Administrative Officer and Fire Chief, provided a written request
for such hearing is received within seven days following the mailing
or service of the dismissal notice.
13. The Department shall not respond to a call outside the limits of the
municipality with respect to a fire or emergency except:
(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) in a municipality where an agreement has been entered into for
the provision of fire protection;
(c) on property where an agreement has been entered into with any
person or corporation for the provision of fire protection
services.
By-law 84- 68
- 5 -
14. The following by-laws of the Town of Newcastle's predecessor
municipalities shall be and are hereby repealed:
1. By-law No. 1528 of the former Township of Clarke;
2. By-law No. 71-21 of the former Village of Newcastle;
3. By-law No. 71-22 of the former Village of Newcastle;
4. By-law No. 1999 of the former Town of Bowmanville;
5. All by-laws of the Town of Newcastle and its predecessor
municipalities that are not consistent with this by-law.
15. This by-law shall come into force and take effect on the day of enactment
by Counci 1.
By-law read a first and second time this 14th
day of May
1984
By-law read a third time and finally passed this 14th day of May 1984
/
. 0/
(':/ .. .
Clerk
Subject:
THE CORPORATION OF THE TOWN OF NEWCASTLE
A TT ACHMENT fB
REPORT
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
OCTOBER 17, 1994
File #
Res. #
By-Law #
FD-1-94 File #:
10.12.6
BY-LAW 84-68 AS IT PERTAINS TO RESCUE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1.) That report FD-1-94 be received;
2.) That the Fire Department commence training to provide the
necessary level of rescue to the municipality;
3.) That the Fire Department purchase all the necessary
equipment to perform rescue at the required levels, to a
maximum of $15,000.00;
4.) That due to the needs of the municipality, training and
purchase of necessary equipment commence forthwith; and
5.) That the town solicitor be directed to revise the Fire
Department's establishing by-law number 84-68, (see
Appendix 1 attached), to address clearly the level of
rescue the department will provide to the municipality.
BACKGROUND
1.1 Recently, a lot of attention has been given to rescue
procedures carried out by local fire departments. A case in
point is the Port Co1borne incident, where a firefighter lost
his life performing water based rescue, in an attempt to save
the life of a resident. As a result of the court proceedings
it was recognized that one of the causes in the incident was
the insufficient equipment and training of the firefighters to
perform such rescue operations.
Continued. . . . .
'lIlC'fClfO~~""'11t
"... "IE It 'f::!::j".C'fCtf
ntS Iii PAWftDON REC'tClf.O "APEA
- 2 -
order to safely direct and properly train fire department
personnel, staff asked Council for clarification of "rescue"
as it appears in the fire department's establishing by-law
number 84-68.
1.3 At the Council meeting of December 13,1993 staff was directed
to contact other regional municipalities to see what level of
rescue they provide. Staff surveyed the Ajax, OShawa,
Pickering and Whitby Fire Departments. All departments have
taken part in a Water/Ice Rescue Course, offered by the
Ontario Fire Marshal, which trains firefighters for Shore
Based Water/Ice Rescue (Level 1). All departments are
presently performing Level 1 rescue.
Whitby and Pickering are equipped for Level 1 Ice/Water Rescue
and the other departments will acquire the proper equipment in
1994.
Ajax Fire Department will go to Boat Rescue (Level 11) and
Water Entry Based Rescue (Level Ill) as funds are available.
The other departments are not considering Level 11 and Level
III at the present time.
As a result of the Port Colborne Fire Department incident, the
Office of the Fire Marshal (OFM) formed a special committee to
develop a Shore Based Water & Ice Rescue Training Program for
the Ontario Fire Service. The committee included
representatives from throughout the Fire Service, as well as
from the Ontario Provincial Police, Ministry of Labour,
Canadian Coast Guard' and the Municipal Health and Safety
program. The objective of this committee was to implement a
water and ice rescue program for municipal fire departments.
This program has now been implemented and is provided without
cost to the municipality. The Office of the Fire Marshal is
also reviewing the need for high angle and confined space
training. It is anticipated that this type of training will
also be offered in the future.
1.4 Off shore rescue on Lake Ontario is provided by COMRA (City of
Oshawa Marine Rescue Association) as well as by the Coast
Guard, which is based in Trenton. These organizations do not
get involved with the inland waterways such as ponds, rivers,
streams, etc. that lie within the jurisdiction of the
municipalities. At the present time rescue service for inland
waterways is provided by municipal fire departments as there
is no other agency to provide this service wit~in the various
municipal boundaries.
Continued.....
- 3 -
where clarification is required, is high
angle rescue and confined space rescue. This type of rescue
would be the result of one of our farm people trapped in a
silo or other confined space, requiring the rescuer to be
lowered to an area that cannot be reached by normal methods.
This type of rescue could also involve lowering a casualty
from a roof or other area above grade. Our municipality also
has the bluffs along the lakeshore where we should be'capable
of assisting a resident should they require help.
The other fire departments surveyed are not, at present,
performing High Angle Rescue.
Pickering and Whitby Fire Departments are in the process of
purchasing equipment and developing training for confined
space rescue. Ajax Fire Department has purchased equipment
and presently performs confined space rescue. Oshawa Fire
Department does some confined space rescue but uses only their
existing equipment.
1.6 Staff has carried out rescue as directed by Council through
the establishing by-law 84-68 and we have only been called
once in the past 7 years to assist at a mill pond.
The Ontario Fire Marshal's Office, in its Comprehensive Fire
Safety Effectiveness Model defines "fire protection services"
as a range of programs and services designed to protect the
inhabitants of the fire department's response area from the
adverse effects of fire, sudden medical emergencies or
exposure to dangerous conditions created by man or nature and
in~ludes prevention, rescue and suppression services.
1.7 In staff's experience, the fire department is the agency who
will be contacted to deal with most emergency situations,
including any type of rescue.
It is our desire to take a proactive approach in these matters
and therefore it is essential that the establishing by-law
clearly define the level of rescue to be provided to protect
the municipality, its elected officials and staff and most
importantly, its residents. Staff has recognized that
legislation contained in the Occupational Health and Safety
Act dictates that the employer adequately train and provide
the equipment necessary to protect the lives of our employees.
The employer has to provide a reasonably safe and healthful
workplace which cannot be done without providing adequate
training and equipment.
Continued.....
- 4 -
The fire department already has some rescue equipment on hand.
It would need to purchase equipment to perform high angle or
confined space rescue. We anticipate that the cost for
training and equipment requirements could be handled from the
existing budget and monies from the Fire Department Equipment
Reserve.
2. RECOllMERDATIONS:
2.1 It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council that By-law No.
84-68 be amended to expand rescue responsibilities to include
Level II Ice/Water rescue, exclusive of Lake Ontario.
2.2 That future training be established for Confined Space and
High Angle Rescue. This is required in order to allow for
rescue in such areas as silos, which are plentiful in the vast
agricultural area within our municipality, as well as the
lakeshore bluffs. Future development of high rise apartments
may also create a need for this type of training. Further
amendments to the Fire Department By-law may be required once
the department is prepared to assume these responsibilities.
2.3 That the basic equipment required for these types of rescue
and the appropriate training be provided as soon as possible
to insure that the department is ready for any emergencies and
is in compliance with Occupational Health and Safety
requirements.
2.4 Committee provide the authority, in accordance with the
Purchasing By-law, to purchase a proper vessel for inland
water rescue.
2.5 That the amount for the basic rescue equipment required, come
from the department's equipment reserve account 2900-00014-x,
which is designed for the purchase of such equipment.
Continued. . . .
_._ .....__ ."___...-"'___.L
A TT ACHMENT #4
THE CORPORATION OF THE MUNICIPALITY OF ClARINGTQN_
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i
BY-lAW NO. 94-172 I
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being a by-law to amend By-law
No. 84-68 respecting the duties
of the Municipality of Clarington's
Fire Department
WHEREAS Council considers it to be expedient to extend the duties of the Municipality of
Clarington's Fire Department to include certain land based water rescue and water rescue.
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF ClARINGTON AS FOLLOWS:
1. Section 8 of By-law No. 84-68 being a by-law to provide for the establishment and
regulation of a Fire Department for the Municipality of Clarington is amended by:
(a) renumbering Section 8(u) as Section 8(v);
(b) deleting from renumbered Section 8(v)(i) the word "and" as it appears after
the words "fire prevention", and adding the words "land based water rescue
and water rescue" after the words "fire suppression" in renumbered Section
8(v)(i); and
(c) adding a new Section 8(u) as follows:
(u) undertake the following:
(i) land based water rescue in the Municipality of a person where
the rescuer is tied or secured to the shore or bank of the creek,
river, pond or marsh in question, and
(ii) water rescue in the Municipality of a person in where the
rescuer effects or attempts to effect a rescue on a creek, river,
pond or marsh using a boat or vessel,
provided that neither a land based water rescue or a water rescue shall
be attempted by the Chief or a member of a Division on any part of
Lake Ontario including a part which'includes a portion of the mouth
of a creek or river draining into Lake Ontario located in Lake Ontario
beyond the projection of the high water line of Lake Ontario at the
time at which the particular land based water rescue or water rescue
takes place.
2. This By-law shall come into force and take effect on the day on which it is enacted
by Council.
BY-lAW read a first and second time this 24th day of October, 1994.
BY. lAW read a third time and finally passed this 24th day of October, 1994.
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