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HomeMy WebLinkAbout71-21THE CORPORATION OF THE VILLAGE OF NEWCASTLE BY -LAW 71 -21 a by -law of the Corporation of the Village of Newcastle to provide for the establishment and regulations of a Volunteer Fire Department. THE MUNICIPAL COUNCIL OF THE VILLAGE OF NEWCASTLE ENACTS AS FOLLOWS: Fire Brigade 1. A Municipal fire department is hereby established established, under the authority of the Municipal Act to be known as name the Newcastle Volunteer Fire Brigade. composition 2. The departments shall consist of a Chief, a Deputy Chief and other personnel as required. qualifications 3. Every member of the brigade shall be a physically fit male resident of the Municipality, of good reputation, and eighteen years of age or over; and not more than sixty - five years of age for the Chief and Deputy - Chief, and sixty- five years of age for other Officers, and fire fighters and every member of the department shall be required to pass a medical examination prior to admittance and once every year, by a local doctor or family physician, after his fortieth birthday, at the expense of the municipality. Appointment 4. (1) The Chief shall be appointed by a by -law passed and by the Council and shall hold office until such by -law is admission rescinded. 4. (2) All Officers and fire fighters shall be appointed by the Council upon the recommendation of the Chief, and shall serve a probationery period of three months before permanent appointment. The Chief shall require every application for appointment as fire fighter to be in writing on forms supplied by the department. The Chief shall examine every application and forward it tothe Council with his recommendation. H -LAW N0. 71 -21 -2- Suspension, 5. The chief may suspend any officer or fire fighter for etc. insubordination, inefficiency, grossmisconduct, or repeated failure to attend practises or fires; the chief shall refer such suspension to the Council, together with his reportand recommendations, for such action as it may deem advisable. Cost 6. The annual cost of operating the department shall be incluzded in the annual estimates of the municipality and the clerk shall so nofify the chief at least two weeks prior to the date on which the municipality estimates are to be considered; and the chief shall submit within one week thereafter his estimates for the expenditures necessary during the forthcoming year for the operation and maintenance of the department so that they may be considered together with all other municipal estimates. estimates 7. The estimates, as submitted by the chief, shall be in the form required by the treasurer and shall include the amounts to be paid for: (a) the services of the fire fighters; (b) uniforms, for the fire fighters; (c) office supplies and equipment and clerical assistance; (d) the Workman's Compensation Act or benefit plan approved by Rev. Stat. c.204 the Workmen's Compensation Board; (e) Liability and insurance premiums; (f) penseh of--representatives attending meetings of fire marshals, fire chiefs orfire fighters or any fire college or fire school conducted by the Fire Marshall; (g) The purchase of new fire apparatus and fire fighting equipment; (h) The purchase of new fire alarmsand communications system and equipment; (i) The normal operation, maintenance and repair of fire apparatus, fire fighting equipment and fire alarm and communications systemand equipment; (j) The normal operation, maintenance and repair of the fire hall; (k) The cost of altering, rebuilding or constructing any fire hall; BY-LAW No. 71 -21 -3- (1) Any amount charged to the fire department for hydrant rentals or water supplies; and (.m) Any other items charged to the fire department. Salaries g. Salaries and allowances to the officers and fire fighters shall be determined by the Council. Calls outside 9. The brigade shall not respond to any fire calls outside the limits of the municipality, except,- (a) With respect to any fire which in the opinion of the Chief threatens any property within the municipality; (b) To a municipality, or municipalities with which an agreement has been entered into to provide fire protection on a mutual aid basis or under any organized county mutual aid plan; or (c) to a municipality with which an agreement has been entered into to provide fire protection at an annual rate or at a fee per call; or (d) Where an agreement to provide fire protection on an annual rate or fee per call basis has been entered into with a company, organization or person whose property is situated outside the municipal limits and distant not more than fifteen miles therefrom. Duties of 10. (1) The Chief shall have full charge of the conduct and general Chief operation of the department, including fighting a fire, responding to a fire alarm, at drills or practices and the care and maintenance of the fire hall and all apparatus and supplies. (2) The Chief shall, (a) maintain proper decorum, discipline and efficiency of the department at fires, alarms and practises and in the discharge of all department duties insofar as they have a bearing on the efficiency of the department or the care and maintenance of the fire hall, apparatus, equipment and supplies; (b) regularly inspect for fire hazards all manufacturing and mercantile premises, churches, schools, institutions, public buildings and places of public assembly, and request and then inspect residences, and designate any officer or fire fighter as fire prevention inspector, to assist in such duties; (c) maintain a book to record the attendance of members of the department at fires and practices, the particulars of every fire call and every fire BY -LAW NO. 71 -31 -4- Duties of Chief report to the department and the apparatus, equipment and supplies used continued for each fire call, and any breakages, shortages or deficiencies in the apparatus, equipment, and supplies, and any other information that may be required from time to time by the Council; (d) submit a report to the Council annually, or more often if requested, outlining the activities of the department and the losses in life and property suffered by fire; (e) submit a report to the Council immediately of any injuries to members of the department that occur while on duty, and in collaboration with the clerk of the municipality forward a report of such injury on the prescribed "Form" to the Workmen's Compensation Board; (f) submit a report to the Council immediately of any breakages, shortages, or deficiencies in the apparatus, equipment and supplies, and any occurences requiring the suspension of any member of the department; and (g) report promptly all fires to the Fire Marshal of Ontario on the printed forms supplied for such purpose and otherwise comply with the provisions of the Fire Marshals Act and Regulations thereunder and other provincial laws for which the fire Chief is the enforcing officer. Duties of 11. The Deggty Chief shall carry out the instructions of the Chief Deputy Chief and shall assume the duties of the Chief in his absence, and it shall be his duty to see that all apparatus, equipment and supplies are kept in a clean and serviceable condition and ready for immediate use, and to instruct the officers to detail fire fighters for such duties when necessary, and he shall report immediately to the Chief any deficiencies or untoward circumstances in connection with the same. Duties of 12. The fire fighters shall respond promptly to all fire alarms, and Fire attend all scheduled practices and obey all orders and instructions of their Fighters officers. Absence from attendance at fires or scheduled practices without justifiable reason may result in suspension or dismissal from the department. Drill 13. The department shall meet at least twice a month under the supervision of the Chief Instructor for practice and instruction in the use of all apparatus, equipment and supplies of the department and in the principles of fire - fighting, fire prevention, fire protection, and first aid tothe injured. BY -LAW NO.71 -21 -5- Demolition 14. The officer in charge of the department at any fire may cause of fences, any fence or any out - structure to be removed or torn down, if such removal or etc. tearing down appears necessary to prevent the spread of fire. Administrat- 15. (1) The members of the department may organize for social tion and purposes and other purposes intended to further the interest and welfare social organ- of the department and the members thereof. ixation (2) The department may at any time, subject to the approval of and /or the Community Hall Board the Council,/have the use of the fire hall or the Council Chamber or the municipal hall at any convenient time for the transaction of business or for social functions. (3) No rule or regulation of any such social organization shall in any way limit the authority of the fire Chief in his administration or operations of the department. Inter- 16. No person shall impede, interfere with or hinder any officer or ference with fire fighter in charge of his duties at a fire, in responding to a fire brigade alarm or at a practice and no person shall damage apparatus, equipment and supplies, and no person shall put to any use not authorized by the Chief, any apparatus, equipment, and supplies. Penalties 17. Any person contravening any provision of this by -law shall upon conviction therefore, be liable to a fine not exceeding $50.00, exclusive of costs, and every such penalty shall be recoverable under the Summary Convictions Act, or to imprisonment for a term not exceeding 21 days, or to both such fine and imprisonment at the discretion of the convicting magistrate. 18. In case the provisions of this by -law conflict with the provisions of any other by -law, the provisions of this by -law shall prevail. READ A FIRST AND SECO10 TIME THIS 7ZX, DAY OF 1971. READ A THIRD TIME AND FINALLY PASSED THIS 27 DAY OF 1` _1971. C1ei~