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HomeMy WebLinkAbout84-68 ) " '. ~' ~.,.. '4. :t . '\, AMENDED ~ . /1 ;L BY-LAW':t........... THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW 84- 68 being a by-law to provide for the establishment 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) tlCouncil1l means the Corporation of the Town of Newcastle; (b) tlDepartmentll means the Town of Newcastle Fire Department; (c) lIFire Protectionll means prevention, rescue and suppression services; (d) lIPersonnelll 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; \ F'" t_ .., . 13 . 1 l.e t~~ 0 ~ __~___w.._~~A___""____"__'U"iIo...JU'JJI.,,..u...u...It1L , . "'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; ,. -.: i BY,-l aw 84- t,g - 3 - 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; Issuing of clothing, equipment and cleaning supplies; Preparation of specifications for new communication systems and for additions to existing communication systems; (0) (p) (q) Maintenance of the communication systems of the Department; (i) Prevention, control and extinguishing of fires; (ii) Conduct of in-service fire prevention inspections for all classes of occupancies; (r) (s) (iii) Conduct investigations to determine cause and origin of fires and, where appropriate, to request the Office of the Fire Marshal to conduct an investigation; Perform rescue and salvage operations and render first aid to victims as may be required from time to time; (i v) (v) (t) (i) (i i) (iii) (i v) (v) (vi) (vii) (u) (i) Conduct pre-fire fighting operations planning; Conduct fire prevention inspections of premises; Enforcement of fire prevention by-laws; Examination of building plans; Provision of instructors for fire prevention lectures; Maintenance of fire loss records; Receiving, processing and preparation of follow-up reports of fire prevention inspections; Promotion of fire prevention activities and programs throughout the municipality; 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 personnel; 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; (ii) 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. . r ." iI. .. . , '." '.By.-Iaw 84- " - 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. \ c t.'f r 'f . ")J>,.,;o. t , . '. ... ...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 Council. 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 r4ayor f:?A--<./_~--'f'j. ~-~ Clerk ..