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HomeMy WebLinkAboutFD-6-96S THE CORPORATION OF THE MONICIPAIITY OF CLr~nyGTON REPORT GENERAL PURPOSE AND ADMINISTRATION COMMITTEE (~_~""~'''' ~~./ ~ Meeting: File # r ~ r' ~ . Date: MARCH 4, 1996 Res. #~.--P~ - ~ (z~~-~~ By-Law # Report #: Fn-6-96 File #: 1 ~-1 ~-6 Subject:. FIRE MARSHAL'S REVIEW OF FIRE DEPARTMENTS ACT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report FD-6-96 be received for information. 1. BACKGROUND 1.1 At the Council meeting of February 12, 1996 an item for direction was referred to the Fire Chief for comment. This item was received from the Region of Durham and was a copy of a resolution passed by the City of Scarborough. The resolution recommends the Solicitor General move immediately to amend the Fire Departments Act, as recommended in a report made by the Office of the Fire Marshal. 1.2 The same item was received for information by Council at the January 29, 1996 Council meeting. At that time it came directly from the City of Scarborough. It should be noted that the distribution of this resolution by the City of Scarborough was intended for municipalities having a population over 100,000. 1.3 The thrust of the report from the Fire Marshal deals with concerns related to the need to do a complete review of the Fire Departments Act. This document has not been reviewed since 1949 and is seriously out of date. Various groups, dating back to 1969, have approached the Provincial Government suggesting amendments in an attempt to improve on the Act. 1.4 The report deals mainly with three areas in the recommendations put forward. These areas are Efficiency and Resource Allocation, Barriers to Effective. Management, and Adequate Fire Protection Services. Continued..... FD-6-96 - 2 - 1.5 The Fire Marshal's report attempted to address these issues as well as some other minor issues related to the old act and the needed changes. 2. OVERVIEW AND COMMENTS 2.1 The document is quite lengthy and very detailed in its recommendations. This report will attempt to explain the areas of concern in a condensed fashion. 2.2 Efficiency and Resource Allocation Fire Marshal's Recommendations: 1.) .Empower upper-tier municipal governments to establish protection services. At present it is the responsibility of the lower tier government, that being the municipality, to provide fire protection. The Fire Marshal is suggesting that the Regional government be allowed to take responsibility for fire protection. 2.) Develop a comprehensive administration process to assist municipalities when restructuring fire services among several municipalities. 3.) Extend existing "successor rights" provisions in the Labour Relations Act to firefighters. Comment: Barriers which prevent municipalities from organizing services efficiently and effectively, need to be removed. Municipalities must be free to organize services to achieve the greatest level of public safety at the lowest possible cost. 2.3 Barriers to Effective Management Fire Marshal's recommendations: 1.) Eliminate the current restrictions on the number of management exclusions and allow municipalities and the local firefighters association to negotiate a management team that fits the local circumstance. 2.) Limit the exclusion to a maximum of three additional positions for a period of time with any additional positions being determined after that time based on a test of management responsibilities. Continued..... 802 FD-6-96 -3- 3.) Allow managers to establish a professional association, with specific limits on the role of this body in negotiating salary and benefits on behalf of the managers. Comment: At present, the Fire Departments Act allows for two managers (non-union), the Fire Chief and Deputy Fire Chief. In a department our size this is not a problem. However, the Act does not discriminate, and departments from 20 to 1200 are under the same restrictions. As you may appreciate some of the large departments find this a problem. The Fire Marshal's recommendations are an attempt to resolve this issue. 2.4 Adeauate Fire Protection Service Fire Marshal's recommendations: 1.) Include statements of principle in the pre-amble to the new Fire Services Act that indicate the act seeks to: * ensure an adequate level of fire protection for all residents of Ontario; * ensure that appropriate fire prevention and public education activities occur throughout the province; * ensure that all firefighters in the province are adequately trained to perform the tasks they would reasonably be expected to carry out; * ensure the Ontario fire services are vibrant and adaptable organizations that can respond quickly and effectively to a rapidly changing environment. 2.) The Office of the Fire Marshal issue non-binding guidelines on emergency response, fire prevention and public education and firefighter training, for use by municipalities to evaluate their needs and implement appropriate services. 3.) Empower the Ministry to audit fire protection in all municipalities and order immediate corrective action if it can be demonstrated that there is a serious and immediate risk to the safety of residents in the community. 4.) Establish an independent mechanism through which a municipality may seek a review of the Ministry's conclusions. This body would determine if the Ministry's actions were reasonable. Continued..... 883 FD-6-96 Comment: -4- These recommendations address the concern that municipalities require tools that will enable them to evaluate the broad range of factors that impact on their fire protection delivery system. Effective evaluation of all of these factors will result in a measured response to the needs and circumstances of the municipality. This response must involve an appropriate combination of emergency response, fire prevention, public education and firefighter training and education. The Municipality of Clarington has already undergone such a review when the Office of the Fire Marshal did a survey of the municipality in 1991. 3. COMMENTS 3.1 The report also touched on opportunities for municipalities to generate revenues. It spoke about the charging of user fees for various services such as inspections for properties requested by insurance companies. The Clarington Fire Department has already addressed this issue with Council and will be bringing further recommendation before Council during the budget process. 3.2 The Fire Marshal also recommends consolidation of several existing fire service legislations. Consolidation of The Fire Departments Act, The Fire Marshal's Act, The Hotel Fire Safety Act, The Lightning Rod Act, The Egress from Public Buildings Act, The Fire Fighters Exemption Act, and the Fire Accident Act into one document called The Fire Services Act, is proposed. 3.3 Various groups were consulted regarding the contents of the Fire Marshal's Report. It should be noted that the Association of Municipalities in Ontario (AMO), and the associations representing full time firefighters in Ontario did not support the recommendations. However, the Ontario Fire Chief's Association supported the recommendations. The Chief's Association reinforced their position at their annual conference in 1995 and at that meeting petitioned the then new Harris government to proceed with reforms. 3.4 As previously stated, the City of Scarborough has taken the position of passing a resolution which recommends the Solicitor General move immediately to adopt the recommendations in the Fire Marshal's Report. Given the size and make up of the Scarborough Fire Department, the Fire Marshal's Report would have a greater affect. As an example, that department would be affected by the issue of the size of the management team and the number of staff that could be excluded from the firefighters association. Continued..... $~4 FD-6-96 -5- 3.5 The Municipality of Clarington will not be able to determine how the report may affect us until the issues related to the GTA and other reports have been decided on. What is of greater importance to the municipality is an issue that was looked at but not addressed in the report. The Fire Marshal looked at the issue of interest arbitration but took no stand. Bill 26 does address the issue and recommends the arbitrator consider a municipality's ability to pay. This matter should have been addressed as the Fire Departments Act addresses the issue of binding arbitration. Respectfully submitted, _~ Michael G. Creighto , AMCT(A), CMM1 Fire Chief Reviewed by, W. H. Stockwell, Chief Administrative Officer MC/sr 8~5