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HomeMy WebLinkAboutESD-008-10Cj~j~~~p~ REPORT Leaaingrne way EMERGENCY & FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINSTRATION COMMITTEE Date: June 21, 2010 Resolution#: G P~ ~37~! ~O Report #: ESD-008-10 File#: By-law #: ao10 - D77 Subject: EMERGENCY AND FIRE SERVICES -GOVERNING BY-LAW UPDATE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-008-10 be received; 2. THAT the updated Emergency and Fire Services Governing By-Law (Attachment #3) be forwarded to Council for approval; and 3. THAT the outdated By-Law #2007-134 (Attachment #2) be rescinded Submitted by: GW*jm ~-- Reviewed by: Gordon Weir, AMCT, CMM111 Director Emergency &Fire Services ,(,J in Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 ESD-008-10 Page 2 1.0 BACKGROUND 1.1 In 2007, the Emergency and Fire Services Governing By-law was updated through Report ESD-009-07 (Attachment #1) and By-Law #2007-134 was established (Attachment #2). In reviewing the current By-law #2007-134 recently, staff felt a further update was required. 1.2 The update to Governing By-Law (Attachment #3) includes: Additional definitions Amendments under Part 6 -Mutual and Automatic Aid Response Outside the Limits of the Municipality Minor changes to Appendix "A" Core Services 1.3 Staff will continue to review the by-law yearly and update when required to ensure it is current and meets the needs of the Department and the community. Attachment #1 -Report ESD-009-07 Attachment #2 - Outdated By-Law #2007-134 Attachment #3 -Updated Emergency and Fire Services Governing By-law Clar~tgton Leadirsg the Way ATTACHMENT #1 TO REPORT ESD-008-10 REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 8, 2007 Report #: ESD-009-07 File # 10.12.6 By-law #_ Subject: EMERGENCY AND FIRE SERVICES GOVERNING BY-LAW rcecommenaaiions: 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 THAT the attached By-law #84-68 (establishing by-law), and By-law #94-172 (amendment) be rescinded; and 3.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- w 94-172 Submitted by: (.- ~ - Reviewed by: G on ir, AMCT, MM111 / ~ Franklin Wu, Director of Emergency & Fire Services d~ Chief Administrative Officer GWar //V CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623.6506 901 REPORT NO. ESD 009-07 BACKGROUND PAGE 2 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 ey- 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. 902 Attachment #1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON EMERGENCY & FIRE SERVICES GOVERNING BY-LAW, BY-LAW NUMBER #2007=xx _i3y MUTUAL AID AND AUTOMATIC RESPONSE WHEREAS the purpose is to repeal the by-law establishing [he 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-I72 (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 fine 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 FPPA permits a municipality, in discharging these responsibilities, to establish a Fire Deparlmenh and WHEREAS the FPPA 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 FPPA requires a Fire Departrnent to provide fire suppression services and permits the Fire Departrnent to provide other Fire Protection Services in the municipality. NOW THEREFORE the Council of the Corporation of the Municipality of Claring[on enacts as follows: 1. DEFINITIONS In this by-law, ualess 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 [o fires, rescues, and emergencies that may occur in a part of another municipality when a fire deparmtent in the municipality is capable of responding more quickly than any fun department situated in the other municipality; 1.3 "CAO"means the Chief Admwstrative 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; I.5 "Corporation" means The Corporation of the Municipality of Clarington; 1.6 "Council" means the Council of the Municipality of Clarington; 1.7 "Chief' means the person appointed by the Council to act as Fire Chief for the Corporation and it ultimately responsible [o Council as defined in the FPPA; 903 1.8 "Deputy Fire Chief(s)" means the person(s) appointed by the Council and who many act on behalf of the Fue Chief in the case of any absence of the Fire Chief or a vacancy in the office of the Fire Chief. (L` the title changes the responsibility will reside with the person taking on the duties); 1.9 "Division" means a Division of the Municipality oFClarington 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 [he life, healffi 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 `PPPA" means the Fire Protection and Prevention Act, 1997, S.O., c 4, as maybe amended from time to time, or any successor legislation, and any regulation made thereunder; 1.14 "Fire Protection Services" includes fire suppression, fire prevention, fae 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; 1.1 S "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 bas made an agreement or Plan with another municipality ar 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. 904 2. ESTABLISHMENT Z.I The Fire Department was established by By-Iaw #8468 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 maybe amended and approved by Council from time to time. 2.2 The Fire Department is continued under this By-Iaw to provide Fire Protection Services and any other service as approved by Council for the Corporation and shall be ]mown as the Clarington Emergency & Fire Services. 3. CORE SERVICES 3.1 For the purposes of this By-law core services provided by the Fire Departrnent will be as per Appendix "A" fomung part of this By-law. 3.2 Nothing in the By-lew will restrict the Fire Department to providing only core services or limit the provisions of Fire Protection services, a8 set out/covered under appointing by- law, as approved by Council 4. PROPERTY/APPARATUS USE 4.1 No pen:on shall supply any apparatus, equipment, or other property of the Fire Department for any personal or private use. 4.2 No person shall witlfully damage or render ineffective or inoperative any apparatus, equipment or other property belonging to or used by the Fire Department, S. FIRE SUPPRESSION 5. t 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, ifnecessary, to do so. 5.2 The Fire Department may pull down or demolish any building or stmcture, with the assistance of the municipal or other equipment and services available; when considered necessary to prevent the spread of 5re. 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 cualifiPA persons present at a fue to assist in; 6.A.1 Extinguishing fires; 905 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 fue 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.1 In the opinion of the Fire Chief or designate of the Fire Deparbnent, conditions threaten property outside the territorial limits of the Corporation that is owned or occupied by the Corporation; 6.B.2 In a municipality will[ which an approved automatic aid or mutual aid agreement has been entered into to provide Fire Protection Service or other emergency assistance, including Oshawa Hy-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.B.4 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 coordinator 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 duetted by the Province under Emergersey Managemerst and Civil Protection Acr or any other prevailing government directive, or as determined by the Fire Chief. 6.B.6 Coverage/abilitywhenosked 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 Departrnent is not requved 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 desigrrale determines immediate action is necessary to preserve life of 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 maybe amended and approved by Council 906 7. MUTUAL AID RELATED EXPENSES (& OTHER EXPENSES) 7.1 If as a result ofFire 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 mare materials than aze carried on a fire apparatus (the "Additional Service's 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 of the Fire Department and render the location and vicioity safe from fire, no person, either on foot or with a vehicle of any Idnd, shall enter or remain upon or within; 8.3.1 The portion of any street or lane upon which the site of the Sre abuts or upon any street or lane for a distance of fifteen (15) metres on each side of the property damaged by fire; or 8.3.2 Any additional street or lane or part of a street ar lane or any additional limits in the vicinity of the fire as may be prescribed by the Fire Chief or the next ranlri[rg 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, obstmct 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 5re alarm that has been activated. 9~7 9. OFFENCES 9.1 Every person who contravenes any provisions of the By-law is guilty of an offence and on conviction is liable to [he penalty established by the prevailing provincial Offences Act, as maybe amended or any other prevailing By-law or legislation, as may be amended or replaced from time to time, inclusive of costs. ]0. CONFLICT 10.1 Where tills By-law may conflict with any other By-law of the Corporation, this By-law shall supersede and prevail over that By-Iaw to the extent of the conflict. 11. SEVERABII,ITY 1 I.1 If any section or part of this By-law is found to be illegal pr beyond [he power of the Corporation, such section or part of item shall be deemed to be severable and all other sectlons or parts of this By-Iaw shall be deemed to be separate and independent therefrom and to be enacted as such. 12. This By-law comes into ef7ect 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 908 APPENDIX"A" CORE SERVICES FIRE SUPPRESSION AND EMERGENCY RESPONSE 1.1 Fire suppression services shall be delivered in bodt 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 5rst 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 Srefighters will be trained in basic rope rescue techniques as determined by the Fire Chief. WatedIce rescue services shall be provided by those firefighters who are competently trained to perform the requested level of service as detemuned 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 Trrnch Rescue. 1.5 Defensive hazardous material emergency response shall be conducted to the operations level by [he fiilltime firefighters, and awareness level by [he part-time firefighters. In addition to operations level response, the capability for rescue and emergrncy decontamination shad 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 referrnce 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 5re 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. 909 3. FIRE SAFETY EDUCATION 3.1 Distribution of fire and life safety information and public education progams shall be administered in accordance with the FPPA and policies of the depattrnents Fire Prevention & Public Safety Division. 3.2 A residential Smoke Alarm awareness progam 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. 910 ewr:1:l.:lia; THE CORPORATION OF THE TOIIN OF NEWCASTLE BY-LAW 84- 68 ~ ~ `~' 0"~-_~ being a by-law to provide for the establis ~~ ~ ~==~•~ Flhe ~ - and regulation of a Fire Department for the ~-~~~-- Torn of Newcastle WHEREAS the Municipal Act provides that the Council may by by-law, establish and regulate afire department; THEREFORE, THE COUNCIL OF THE CORPORATION ~ 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 far the Town of Newcastle to be known as the Town of Newcastle Fl re 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 fs qualified to be appointed a full time employee, of the Department for fire f[ghting and prevention duties, such appointment shall be sub,)ect to all of the terms and conditions of employment established for such position by the Town of Newcastle. S determinedrbyithe Counclpewithinlthe terms of rthenFtreaDepartment 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 prov[sfons 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; sy-law ea- 6Y _ 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 !s composed of the following divisions: Administration -0ivision; Fl re Fighting Division; Fire Prevention Divlsion; Training Division. 8. The Chief shall be responsible for carrying out, or co-ordinating the following duties of the Divisions: (a) Provision oP 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 Dersonnel 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; (I) Provision of liaison with the Regional Fire Co-ordinator; (k) Assist the Durham Region Fl re Co-ordlnator in the preparation of an emergency fire service index and operating procedures. (1) Preparation of specifications far 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 tfine; 912 By-law 84- 6Y -3- (o} 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 nex 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; (li) Conduct of in-service fire prevention inspections for all classes of occupancies; (iii) Conduct investigations to determine cause and origin of .fires and, where appropr[ate, to request the Office of the Plre 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; (1l) Enforcement of fire prevention by-laws; (iii) Examination of building plans; (iv) Provision of instructors for fire prevention lectures; (v) Maintenance of fire loss records; (vt) Receiving, processing and preparation of follow-up reports of fire prevention inspections; (vii) Promotion of fire prevention activ[ties and programs throughout the municipality; (u) (1) 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) 7a 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; (ti} the age and physical fitness of the fire fighter; (iff) the fire and station record of the fire fighter; (b) The Chief of the Department, or his designate, shall evaluate al! 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. 913 By-law Bq- 6Y _ q _ 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 afire 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) A1I 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 afire 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 1n uniform, shall not enter any premises where. alcoholic beverages are sold or consumed, except in the performance of their departmental duties: (li) shall not be permitted to remain on duty if their ability is impaired by the use of an intoxicating beverage or drug; (iii) while an 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 reprlmand,,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 afire or emergency except: (a) that in the opinion of Lhe Chief of the Department, threatens ;~ property in the municipality or property situated outside the municipality that is owned or occupied by the municipality; r (b) Sn 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. 914 By-law 84-68 -5- 14. The following by-laws of the iown 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 ~~ _~ Mayor Clerk 915 7HE CORPORATION OF THE TOWN OF NEWCASTLE REPORT GENERAL PURPOSE AND ADMINISTRATION CONMITTEE OCTOBER 17, 1994 RepoA#:' FD-1-94 --------__ File #: 1.12_6 Subject: BY-Lipid 84-68 AS IT PERTAINS TO RESCUB Recommendations: ATTACHMENT ~6 File # ~_ Res. # ~_ By-Law # _~_ It is respectfully recommended that the General purpose and Administration Committee recommend to Council the following: 1•) That report FD-1-94 be received; Z•) 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 Departments establishing by-law number 84-68, see rescueithe department will provide to the municipalityf ~CRGRnnv., 1.1 Recently, a lot of attention has been procedures carried out by local fire departments A casecin point is the Port Colborne 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..... •:::.:°®:~~;. 916 M.I.1M[O IRAO..f. _ 2 _ peraonneltostafflaskedeCouncilPforeclarificatiore depa tment ae it appears in the fire department's establlehln bscue" number 84-68. g y-law 11.3 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 Pickering and Whitby Fire Departments. taken All departmen~shhave Ontario Fire n a Water/Ice Rescue Course, offered b Marshal, which trains firefighters for Shore Based Water/Ice Rescue (Level 1 . presently performing Level 1 rescue. All departments are 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 Water Entry Based Rescue (Level lll) as funds are available, The other departments are not considerin ) and 111 at the present time, g Level 11 and Level Aa a result of the Port Colborne Fire Department incident, the Office of the Fire Marshal the Facial committee to develop a Shore Based Water s Ice Rescue Training Program for Ontario Fire. Service. representatives from throughout theTFire Serviceee included from the Ontario Provincial Police, Minist ~ as well as Canadian Coast Guard and the Municipal Health and LSafety Program. The objective of this committee was to isi water and ice rescue program for municipal fire de This program has now been implemented and is Plement a cost to the munici alit Partments, also reviewin P Y• The Office of the FiredMarahalois trainin g the need for high angle and confined apace q. 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 organisations 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 within the yarioua municipal boundaries. Continued...., 917 T''.k'~4YT ~:. *'y ~ s - 3 - mother concern, 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 apace, 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 apace 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 includes 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 moat 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..... 918 - 4 - .The fire It would confined training existing Reserve. department already has some rescue Cyuipmenc on nano. need to purchase equipment to perform high angle or apace rescue. We anticipate that the cost for and equipment requirements could be handled from the budget and monies from the Fire Department Equipment 2. RECO?SlSENDATIONS: 2.1 it is respectfully recommended that the General Purpose and Administration Committee recommend to Council that By-law No. 64-68 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 lakeahore 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 2.900-00014-x, which is designed for the purchase of such equipment. Continued.... 919 THE CORPORATION OF THE MUNICIPALITY OF GLARING .. • .J," ~ n-. I__.r.~t~E~.fa};a BY-LAW NO. 94-172 t , _' ~ EAa6;GcF;CY & FIRE SG'91CE$ -----_ being a by-law to amend By-law No. 84.68 respecting the duties of the Municipality of Clarington's FEre 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 CIARINGTON 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 tram renumbered Section 8(v)(i) the word "and" as it appears after the words "fue prevention", and adding the words "land based water rescue and water rescue" after the words "fire suppression" in renumbered Section 8(v)(i); and (~) 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, riveq 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. Z• 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. Mayor erk 920 ATTACHMENT #2 TO REPORT ESD-008-1D THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007-134 Being a Hy-law to Govern the Emergency and Fire Services, [o Authorize the Provision of Mutual Aid and Automatic Response and to Repeal By-law 8468 and By-law 94172 WHEREAS the purpose is to repeal the by-law establishing the Emergency and Fire Services Departmrnt for the purpose of updating the reference terminology and to rescind By- laws #84-68 (establishing By-law), and 94172 (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 FPPA pemuta a municipality, in discharging these responsibilities, to establish a Fire Deparmrent; and WHEREAS the FPPA pettnits a Council of a municipality to establish, maintain and operate a Fve Department far all or any part of the municipality; and WHEREAS the FPPA 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 rho Council of the Corporation of the 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 deparnrteat in the municipality is capable of responding more quickly than any fire departrnent situated in the other municipality; 1.3 "CAO" means [he 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; ] .5 "Corporation" means The Corporation of the Municipality of Clarington; 1.6 "Council" means the Council of the Municipality of Clarington; 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 FPPA; 1.8 "Deputy Fire Chiet~s)" means the person(s) appointed by the Council and who many ect 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 [o the life, health and safety of any person and includes medical assistance ornon-fire emergency such as a storm, flood or another Act of God; 1.12 "Emergency Response Plen' mean an emergency plan formulated under the Emergency Management and Civil Protectiors 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 daring 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 "FPPA" means the Fire Protection and Prevention Act, 1997, S.O., c 4, as maybe amended from time to time, or any successor legislation, and any regulation made thereunder; 1.14 "Fire Protection Services" includes fine 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 al] 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 Henry Urbau Search And Rescue; 1. t 7 °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 timq to render assistance at the scene of an emergency incident until the primary response agency can arrive. 2. ESTABLISHMENT 2.1 The Fire Deparhnent was established by By-law #8468 and By-law# 94-172 which is repealed herein for [he purpose of updating references to reflect cumvt terminology and practice. Despite repeal of By-laws, [he Emergrncy and Fire Services Deparbnrnt will continue with services and organization as has been and as maybe 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 lmown 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 pert of this By-Iaw. 3.2 Nothing in the By-law wiB 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 of inoperative any apparatus, equipmrnt or other property belonging to or used by the Fire Department. 5. FIRE SUPPRESSION 5.1 The Fve Department may suppress any fire or other hazardous conditlon by extinguishing it or by outer reasonable action and, for this purpose, may enter private property, if necessary, to do so. 5.2 The Fire Deparmtrnt may pull down or demolish any building or structure, with the assistance of the municipal or other equipment and services available; when wnsidered necessary to prevent the spread of fire. 6. MUTUAL AND AUTOMATIC AID RESPONSE FROM OUTSIDE THE LIMFfS OF THE MUNICIPALITY (Automatlc and Mutual Ald Agreements) A) Aid to the Manicipality of Clarington (requested by the Municipality) The fire Deparnttrnt 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 Deparnrtent 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.1 Tn 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 [he 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 Hy-Iaw 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 [o provide Fire Protection Services or other emergency assistance; 6.B.4 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 Fin Chief. 6.B.6 Covemge/abihty when asked to respond and when requesting response firom Municipalities with no format 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; nom government; or incorrect assigned calls. 6.B.8 Cm property beyond the tertitorial 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 [he right towithdraw at any time to service home Municipality's neede~ar-a 6.B.9 Oshawa and Por Hope or any other existing response agreements will continue to operate on Automatic and Mutual Aid response with replacement cost based on CounciCs approval of this By-law. Agreements maybe amended and approved by Council. 7. MUTUAL A[D RELATED EXPENSES (& OTAER 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 Ftre Chief determirtea 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's is orda~ 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 chazged 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 agrcement will be es per the Province direction unless otherwise specified. To the extent reasonably possible materials/supplies will be replaced or cost recovery excluding war of manpower and excluding somettiing out of the ordinary. The cost recovery provision should be incorporated into Automatic and Mutual Aid agreements. 8. 8.1 Na person shall impede or interfere with or hinder the Fire Departrnent in the performance of its duties. S.2 No person present at a fire shall infuse to leave the immediate vicinity when required to do so by the Fire Department. S.3 During a fire and for the time after it has been extinguished that is required to remove the apparatus and equipment of the 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) mehes on each side of the 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 oF[he fire as may be prescribed by the Fire Chief or the next ranking officer present at the fire. S.4 The provisions of section 6.3 shall not apply to a resident of any sheet 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, obstmct or interfere in any manner whatsoever with the communication of a fire alarm to the Fire Department or with the Fire Deparhment responding to a fire alarm that has been activated. 9. OFFENCES 9.1 Every person who contravenes any provisions of the By-]aw 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 extern of the conflict. 11. SEVERABILITY I L 1 If any section or part of this By-law is found to 6e 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 sepazate and independent therefrom and [0 6e 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 sewnd time this 11`" day ofJune, 2007 READ a third time and finally passed this 11`h day of June, 2007 APPENDIX"A" CORE.SERVICES FIRE SUPPRESSION AND EMERGENCY RESPONSE 1.1 Fire suppression services shall fie delivered in both an offensive and defensive mode and shall include search and rescue opemtions, forcible entry, ventilation, protecting exposures, salvage and overhaul as appropriate. L2 Emergency pre-hospital caze responses and medical acts such as defibrillation, standard fast 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 Gained in basic rope rescue techniques as determined by the Fire Chief. WatedIce rescue services shall be provided by those firefighters who aze competently trained to perform the requested level of service as determined by the Fire Chief (up [o level III if so trained). 1.4 Con£med space rescue, HUSAR and other highly specialized rescue services shall not be provided by Clarington Emergency & Firc 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 fulltime firefighters, and awareness level by the part-time firefighters. 1n addition to operations level response, the capability for rescue and emergency decontamination shall be maintained when: resources permit. 1.6 The Ontario Firefighters Curriculum, Intema[ional Fire Service Training Association "Essentials of Fire Fighting", Ontario Fire Service Standards and other related industry training standards and reference materials maybe used as reference guides for CEFS [raining 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 constmetion 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 adminis[ereA in accordance with the FPPA 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 Fovide emergency call taking and dispatching of emergency vehicles. 4.1.2 Provide after hour's emergency and non-emergency call taking far Operations, By- law Services, and other agencies as required. ATTACHMENT #3 TO REPORT ESD-008-10 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2010-XX Being a By-law to update the By-law Governing the Emergency and Fire Services, and the Provision of Mutual Aid and Automatic Response, and to Repeal By-law 2007-134 (Goveming By-Law) and 80-9 (Regional Mutual Aid By-law). WHEREAS the purpose is to repeal the existing Governing By-law and update the Provision of Mutual Aid and Automatic Response, and to Repeal By-law 2007-134 (Goveming By-Law) and 80-9 (Regional Mutual Aid By-law); 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 i[ determines may be necessary in accordance with its needs and circumstances; WHEREAS the FPPA permits a municipality, in dischazging these responsibilities, to establish a Fire Department; WHEREAS the FPPA 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 FPPA requires a Fire Department to provide fire suppression services and permits the Fire Department to provide Prevention and other Fire Protection Services in the municipality; NOW THF,REFORE the Council of the Corporation of the Municipality of Clarington enacts as follows; PART 1 DEFIlYITIONS 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 where possible 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 deparhnent in the municipality is capable of responding more quickly than any fire department situated in the other municipality with services invoiced as or if appropriate; 1.3 "CAO" means the Chief Administrative Officer appointed by Council to act as Chief Administrative Officer for the Corporation; 1.4 "Coned 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 Clazington; 1.6 "Council" means the Council of the Municipality of Clazington; 1.7 "Chief' means the person appointed by the Council or designate [o act as Fire Chief for the Corporation and is ultimately responsible to Council as defined in the FPPA; -1- 1.8 "Deputy Fire Chief(s)" means the person(s) with that title who may 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 Making on the duties); 1.9 "Division" means a Division of the Municipality of Claring[on Fire Department; L 10 "Fire Departrnent" means the Municipality of Clarington Emergency & Fire Services; 1.1 I "Firefighter" means a fire chief and any other person employed in, or appointed [o, a fire department and assigned to undertake fire protection services, and includes a volunteer firefighter. 1.12 "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; 1.13 "Emergency Response Plan' means an emergency plan formulated under the prevailing Emergency Management and Civil Protection Act or any other related Ac! 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 aze considered necessary of advisable for the implementation of the emergency plan during an emergency; 1.14 "FPPA" means the Fire Protection and Prevention Act, 1997, S.O., c 4, as maybe amended from time to time, or any successor legislation, and any regulation made thereunder; 1.15 "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; 1.16 "High Angle" means an environment in which the load is predominately supported by a rope rescue system; 1.17 "HUSAR"means Heavy Urban Search And Rescue; 1.18 "Member" means any person employed in or appointed to the Fire Department and assigned to undertake Fire Protection Services; 1.19 "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 as defined herein; 1.20 "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 [he 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. 1.21 "Volunteer Firefighter" means a firefighter who provides fire protection services either voluntarily or for a nominal consideration, honorarium, training or activity allowance. PART 2 ESTABLISHMENT 2.1 The Fire Department was established by By-law #84-68 and 94-172 which was repealed in By-law # 2007-134 for the purpose of updating references to reflect current terminology and practice. Despite repeal of past 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- 2.2 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 Claring[on Emergency & Fire Services. (Department name may be amended by Council from time to time). PART3 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 ouVcovered under appointing by- law, as approved by Council. PART 4 PROPERTY/APPARATUSE USE 4.1 No person shall supply any appazatus, 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 appazatus, equipment or other property belonging to or used by the Fire Department. PARTS FIRE SUPPRESSION 5.1 The Fire Department may suppress any fire or suspected other hazardous condition by extinguishing it or by other reasonable action and, for this purpose, may enter private property, if necessary or deemed 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, or other hazardous situation. PART 6 MUTUAL AND AUTOMATIC AID RESPONSE OUTSIDE THE LIMITS OF THE MUNICIPALITY (Automatic and Mutual Aid Aoreementsl A) Aid to the Municipality of Clarineton !requested by the Municipality) The Fire Department may request other municipalities to provide mutual aid and other qualified persons [o assist in; 6.A.] Extinguishing fires; 6.A.2 Pulling down or demolishing any structure; 6.A.3 Crowd and traffic control; 6.A.4 Suppression of fires or other hazardous conditions in other reasonable Ways; or -3- 6.A.5 Determining the origin, cause or circumstances of any fire or explosion, if it is deemed necessary to retain a private contractor, renUlease heavy equipment or specialized equipment, specialized services, and associated persons then [hose costs may be billed to the property owner and collected by the Municipality by means as determined in this by-law. B) By the Muuicipality of Clarineton to others tresnouse outside the limits) The Fire Deparhnent shall respond where possible, to a cal] 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.1 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 and Port Hope prevailing By-laws as established; 6.B.3 At the discretion of the Fire Chief, to a municipality participating in any regional or Municipal mutual aid plan established by a Fire Co-ordinator appointed by the t Fire Mazshal or any similaz reciprocal plan or program, or as determined necessary by the Fire Chief; 6.B.4 As directed by the Province under Emergency Management Act and Civil Protection Actor any other prevailing government directive, or legislation as determined appropriate 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 [he discretion of the Fire Chief, or designate; 6.B.6 The Fire Department is not required to respond to requests by private companies; non government; or incorrect assigned calls; 6.B.7 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 tight to withdraw at any time to service home Municipality's needs; and 6.B.8 Any other existing response agreements will continue to operate on Automatic and Mutual Aid response. Agreements maybe amended and approved by Council from time to time. PART 7 MUTUAL AID OR AUTOMATIC AID OR OTHER RELATED 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 [hat 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 appazatus 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 -4- the need for any additional service shall be charged, if appropiate, the costs to provide the additional service including all applicable taxes. Property shall mean personal and real property. 7.2 Cost recovery under Automatc 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 recovered excluding cost of manpower and excluding something out of the ordinary unless deterrttined appropriate to recover. The cost recovery provision should be incorporated into Automatic and Mutual Aid agreements, where possible. PART 8 INTERFERENCE 8.1 No person shall impede or interfere with or hinder the Fire Departrnent 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 of the 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 of the 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 of the fire asmay 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. PART9 OFFENCES 9.1 Every person who contravenes any provisions of the By-law is guilty of an offence and on conviction is liable to the penalty established by the Provincial Offences Act, or any other prevailing By-law or legislation, as may be amended or replaced from time to time, inclusive ofcosts. PART 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 of the conflict. -S- PART I1 SEVERABILITY 11.1 If any section or part of this By-]aw 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 sepazate and independent therefrom and to be enacted as such. PART 12 ENFORCEMENT AND ENACTMENT EFFECTIVE DATE OF BY-LAW 12.1 This By-law comes into effect the day it is passed by Council. REPEAL OF EXISTING BY-LAW 12.2 By-law Number #2007-134 and #g0-9 aze hereby repealed. BY-LAW read a firs[ and second time this day of , 2010 BY-LAW read a third time and finally passed this day of , 2010 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk -6- APPENDIX"A" CORE SERVICES 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, ventilatioq protecting exposures, salvage and overhaul as appropriate. 1.2 Emergency pre-hospital caze 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 [rained in level 1 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 Highly technical and specialized rescue services such as Trench Rescue, Confined Space, HUSAR and Structural Collapse shall not be provided by Clarington Emergency & Fire Services. Awareness training in these areas may be provided where possible. 1.5 Defensive hazardous material emergency response shall be conducted to the operations level by the fulltime 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 Flealth 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. FIRE SAFETY EDUCATION 3.1 Distribution of fire and life safety information and public education programs shall be administered in accordance with the FPPA and policies of the departments Fire Prevention & Public Safety Division. 3.2 A residential Smoke Alaan awazeness program shall be ongoing. 3.3 The department shall maintain at least one public fire and life safety educator certified [o the Ontario Fire Service Standard. 4. EMERGENCY DISPATCHING AND COMMUNICATIONS 4.1 The On[azio 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.