HomeMy WebLinkAboutFD-1-94 THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File
Date: OCTOBER 17, 1994
Report FD-1-94 File #: 10 . 12 . 6 By-Law
Subject: BY-LAW 84-68 AS IT PERTAINS TO RESCUE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. ) That report FD-1-94 be received;
2 . ) That the Fire Department commence training to provide the
necessary level of rescue to the municipality;
3 . ) That the Fire Department purchase all the necessary
equipment to perform rescue at the required levels, to a
maximum of $15,000. 00;
4 . ) That due to the needs of the municipality, training and
purchase of necessary equipment commence forthwith; and
5 . ) That the town solicitor be directed to revise the Fire
Department's establishing by-law number 84-68, (see
Appendix 1 attached) , to address clearly the level of
rescue the department will provide to the municipality.
BACKGROUND
1. 1 Recently, a lot of attention has been given to rescue
procedures carried out by local fire departments . A case in
point is the Port 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. . . . .
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1 . 2 In order to safely direct and properly train fire department
personnel, staff asked Council for clarification of "rescue"
as it appears in the fire department's establishing by-law
number 84-68.
1 . 3 At the Council meeting of December 13, 1993 staff was directed
to contact other regional municipalities to see what level of
rescue they provide. Staff surveyed the Ajax, Oshawa,
Pickering and Whitby Fire Departments . All departments have
taken part in a Water/Ice Rescue Course, offered by the
Ontario Fire Marshal, which trains firefighters for Shore
Based Water/Ice Rescue (Level 1) . All departments are
presently performing Level 1 rescue.
Whitby and Pickering are equipped for Level 1 Ice/Water Rescue
and the other departments will acquire the proper equipment in
1994 .
Ajax Fire Department will go to Boat Rescue (Level 11) and
Water Entry Based Rescue (Level 111) as funds are available.
The other departments are not considering Level 11 and Level
111 at the present time.
As a result of the Port Colborne Fire Department incident, the
Office of the Fire Marshal (OFM) formed a special committee to
develop a Shore Based Water & Ice Rescue Training Program for
the Ontario Fire Service. The committee included
representatives from throughout the Fire Service, as well as
from the Ontario Provincial Police, Ministry of Labour,
Canadian Coast Guard and the Municipal Health and Safety
program. The objective of this committee was to implement a
water and ice rescue program for municipal fire departments .
This program has now been implemented and is provided without
cost to the municipality. The Office of the Fire Marshal is
also reviewing the need for high angle and confined space
training. It is anticipated that this type of training will
also be offered in the future.
1.4 Off shore rescue on Lake Ontario is provided by COMRA (City of
Oshawa Marine Rescue Association) as well as by the Coast
Guard, which is based in Trenton. These organizations do not
get involved with the inland waterways such as ponds, rivers,
streams, etc . that lie within the jurisdiction of the
municipalities. At the present time rescue service for inland
waterways is provided by municipal fire departments as there
is no other agency to provide this service within the various
municipal boundaries .
Continued. . . . .
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1.5 Another 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 space, requiring the rescuer to be
lowered to an area that cannot be reached by normal methods .
This type of rescue could also involve lowering a casualty
from a roof or other area above grade. Our municipality also
has the bluffs along the lakeshore where we should be'capable
of assisting a resident should they require help.
The other fire departments surveyed are not, at present,
performing High Angle Rescue.
Pickering and Whitby Fire Departments are in the process of
purchasing equipment and developing training for confined
space rescue. Ajax Fire Department has purchased equipment
and presently performs confined space rescue. Oshawa Fire
Department does some confined space rescue but uses only their
existing equipment.
1.6 Staff has carried out rescue as directed by Council through
the establishing by-law 84-68 and we have only been called
once in the past 7 years to assist at a mill pond.
The Ontario Fire Marshal 's Office, in its Comprehensive Fire
Safety Effectiveness Model defines "fire protection services"
as a range of programs and services designed to protect the
inhabitants of the fire department's response area from the
adverse effects of fire, sudden medical emergencies or
exposure to dangerous conditions created by man or nature and
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 most
importantly, its residents . Staff has recognized that
legislation contained in the Occupational Health and Safety
Act dictates that the employer adequately train and provide
the equipment necessary to protect the lives of our employees .
The employer has to provide a reasonably safe and healthful
workplace which cannot be done without providing adequate
training and equipment.
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Continued. . . . .
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1 . 8 The fire department already has some rescue equipment on hand.
It would need to purchase equipment to perform high angle or
confined space rescue . We anticipate that the cost for
training and equipment requirements could be handled from the
existing budget and monies from the Fire Department Equipment
Reserve.
2 . RECOMMENDATIONS:
2 . 1 It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council that By-law No.
84-68 be amended to expand rescue responsibilities to include
Level II Ice/Water rescue, exclusive of Lake Ontario. See
Appendix No. 2 .
2 . 2 That future training be established for Confined Space and
High Angle Rescue . This is required in order to allow for
rescue in such areas as silos, which are plentiful in the vast
agricultural area within our municipality, as well as the
lakeshore bluffs . Future development of high rise apartments
may also create a need for this type of training. Further
amendments to the Fire Department By-law may be required once
the department is prepared to assume these responsibilities .
2 . 3 That the basic equipment required for these types of rescue
and the appropriate training be provided as soon as possible
to insure that the department is ready for any emergencies and
is in compliance with Occupational Health and Safety
requirements .
2 .4 Committee provide the authority, in accordance with the
Purchasing By-law, to purchase a proper vessel for inland
water rescue .
2 . 5 That the amount for the basic rescue equipment required, come
from the department' s equipment reserve account 2900-00014-x,
which is designed for the purchase of such equipment .
Continued. . . .
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FD-1-94 - 5 -
2 .6 That training commence as soon as the required equipment has
been purchased by the department.
Respectfully submitted, Reviewed by,
y ,�.
Cud
p
Michael G. Cr4ighton, W. H. Stockwell,
Fire Chief Chief Administrative Officer.
MC/sr
Encl.
October 12, 1994
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CERTIFIED COPD.
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 84- 68
being a by-law to provide for the establishment
and regulation .of a Fire Department for the
Town of Newcastle
WHEREAS the Municipal Act provides that the Council may by by-law, establish
and regulate a fire department;
THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY
ENACTS AS FOLLOWS:
DEFINITIONS:
1. In this by-law, unless the context otherwise requires;
(a) "Council" means the Corporation of the Town of Newcastle;
(b) "Department"means the Town of Newcastle Fire Department;
(c) "Fire Protection" means prevention, rescue and suppression
services;
(d) "Personnel" includes all part-time and full time personnel of the
Town of Newcastle Fire Department.
2. A department for the Town of Newcastle to be known as the Town of
Newcastle Fire Department is hereby established and the head of the
Department shall be known as the Chief of the Department.
3. In addition to the Chief of the Department, the Department personnel
shall consist of other officers and firefighting personnel as may be
deemed necessary by Council.
4. (a) The Chief of the Department may recommend to the Council the
appointment of any qualified person to the Department.
(b) Where a person is qualified to be appointed a full time employee,
of the Department for fire fighting and prevention duties, such
appointment shall be subject to all of the terms and conditions
of employment established for such position by the Town of Newcastle.
5. The remuneration of all personnel of the Department shall be as
determined by the Council within the terms of the Fire Department Act.
6. The Chief of the Department is responsible to the Council for the proper
administration and operation of the Department, for the discipline of
its members and;
(a) may make such general orders and departmental rules as may be
necessary for the care and protection of the Department and
generally for the efficient operation of the Department, provided
`-thaV- Ucn general-orders and-ruies-donot-confIict-with`the`—__
provisions of any by-laws of the Municipality; __
(b) shall review periodically the policies and procedures of the
Department and may establish an Advisory Committee consisting of
such officers as may be determined from time to time to assist
the Chief in these duties;
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By-.law 84- _ 2 -
(c) shall take all proper measures for the prevention, control and
extinguishing of fires, and for the protection of life and
property, and shall enforce all municipal by-laws respecting fire
prevention, and exercise the powers and duties imposed on the Chief
by the Fire Marshals Act;
(d) shall be responsible for the enforcement of this by-law and the
general orders and departmental rules;
(e) shall report all fires to the Fire Marshal as required by the Fire
Marshals Act;
(f) shall submit to the Council for its approval , the annual estimates
of the Department;
(g) where the Chief of theDepartment designates .another person to
act in place of an officer in the Department, such person when
so acting, shall have all the powers and shall perform all the
duties of the officer replaced.
7. (a) The Department is composed of the following divisions:
Administration Division;
Fire Fighting Division;
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Fire Prevention Division;
Training Division.
8. The Chief shall be responsible for carrying out, or co-ordinating the
following duties of the Divisions:
(a) Provision of Administrative Facilities;
(b) Preparation of and control of the .departmental budget;
(c) Preparation of the Departmental payroll , initiate requisitions for
materials and services and approve of all departmental expenditures;
(d) Maintenance of personnel records;
(e) Advise Council on new building requirements as necessary;
(f) Arrange for the provision of medical services that may be required
from time to time;
(g) Preparation of the annual report to Council on Departmental activities;
(h) Carrying out of the general administrative duties of the Department;
`-' (i ) Provision of liaison with the local Fire Fighters' Association;
(j ) Provision of liaison with the Regional Fire Co-ordinator;
(k) Assist the Durham Region Fire Co-ordinator in the preparation of an
emergency fire service index and operating procedures.
(1 ) Preparation of specifications for the purchase of new apparatus and
equipment;
(m) Maintenance and repair of all existing buildings, fire fighting and
rescue and salvage apparatus of the Department;
(n) Modification of fire apparatus and equipment as may be required from
time to time;
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By-law 84- _ 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 new communication systems and for
additions to existing communication systems;
(r) Maintenance of the communication systems of the Department;
(s) (i ) Prevention, control and extinguishing of fires;
(ii) Conduct of in-service fire prevention inspections for all
classes of occupancies;
(iii ) Conduct investigations to determine cause and origin of
fires and, where appropriate, to request the Office of
the Fire Marshal to conduct an investigation;
4Lro m,rescue and salvage-operati-ons�and"render-first aid t
O-7-fV-1ctims ;as .may be OWi7 ed from time to, ,time
(v) Conduct pre-fire fighting operations planning;
(t) (i) Conduct fire prevention inspections of premises;-
(ii) Enforcement of fire prevention by-laws;
Examination of building plans;
(iv) Provision of instructors for fire prevention lectures;
(v) Maintenance of fire loss records;
(vi ) Receiving, processing and preparation of follow-up reports
of fire prevention inspections;
(vii) Promotion of fire prevention activities and programs
throughout the municipality;
(u) (i ) Conducting training courses for all personnel of the
Department with respect to fire administration, fire
prevention, and fire suppression;
Administration of training programs in all fire stations;
To regularly test the proficiency of all fire fighting
personnel ;
9. (a) All recommendations for promotion of fire fighting personnel shall
be based upon an evaluation of the following elements:
(i ) the results of examinations taken by the fire fighter;
(ii ) the age and physical fitness of the fire fighter;
(iii ) the fire and station record of the fire fighter;
(b) The Chief of the Department, or his designate, shall evaluate all
the personnel of the Department participating in an examination
for promotion;
(c) Every applicant for promotion shall take such written, oral and
practical examinations as may be required by the Chief of the
- Department.
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10. (a) All Departmental personnel appointed for fire fighting duties
shall be subject to a medical examination annually, and at such
other times as the Chief of the Department may require.
(b) If a board of medical examiners finds that a fire fighter is
Physically incapable of performing his assigned departmental duties
and that such condition is attributable to and a result of his
employment in the Department, the Council may assign the person to
other employment, retire the person or terminate his employment.
And in that event, provide such allowances as may be consistent
with Town Policy.
11 . (a) All Department personnel shall report for duty at the time
prescribed by the departmental rules and shall remain on duty
until removed or re-assigned.
(b) Where a fire fighter fails to report for duty, the officer in
charge shall file a report through their superior officer, to the
Chief of the Department.
(c) Fire Department Personnel :
(i ) while in uniform, shall not enter any premises where
alcoholic beverages are sold or consumed, except in the
performance of their departmental duties;
NO shall not be permitted to remain on duty if their ability
is impaired by the use of an -intoxicating beverage or. drug;
(iii ) while on duty, shall not consume any intoxicating beverage
or drug.
(d) Department personnel shall not solicit the influence, or support
of anyone in order to secure a transfer, promotion or other advantage.
12. (a) The Chief of the Department may reprimand, suspend or recommend
dismissal -of any department personnel for insubordination, inefficiency,
misconduct, tardiness or for non-compliance with any of the provisions
of this by-law or general orders and departmental rules that, in the
opinion of the Chief, would be detrimental to the discipline and
efficiency of the Department.
(b) Where Departmental personnel have been suspended or dismissed,
the Chief of the Department shall report the suspension or dismissal
to the Chief Administrator's Office.
(c) Department personnel shall not be dismissed without the benefit of
a hearing. And such hearing shall be undertaken by the Chief
Administrative Officer and Fire Chief, provided a written request
for such hearing is received within seven days following the mailing
or service of the dismissal notice.
13. The Department shall not respond to a call outside the limits of the
municipality with respect to a fire or emergency except:
(a) that in the opinion of the Chief of the Department,-threatens
property in the municipality or property situated outside the
municipality that is owned or occupied by the municipality;
(b) in a municipality where an agreement has been entered into for
the provision of fire protection;
(c) on property where an agreement has been entered into with any
person or corporation for the provision of fire protection
services.
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By-law 84- 68 _ 5 -
14. The followin-g by-laws of the Town of Newcastle's predecessor
municipalities shall be and are hereby repealed:
1 . By-law No. 1528 of the former Township of Clarke;
2. By-law No. 71-21 of the former Village of Newcastle;
3. By-law No. 71-22 of the former Village of Newcastle;
4. By-law No. 1999 of the former Town of Bowmanville;
5. All by-laws of the Town of Newcastle and its predecessor
municipalities that are not consistent with this by-law.
15. This by-law shall come into force and take effect on the day of enactment
by Council.
By-law read a first and second time this 14th day of May 1984
By-law read a third time and finally passed this 14th day of May -184
Mayor
Clerk
CERTIFIED UNDER THE HAND OF TIM
CLERK AND THE SEAL OF THECORPORATION OF THE TOWN OF
TO BE A TRUE COPY OF BY-I NEWCASiLt
r OF THE CORPORATION OF THE TOWN OF NEWCASTLE
DATED THE DAY OF - /41 /�1�8t
1
•CLERK OF THE CORPoRATION OF
TME TOWN Of NE11MILI
SENT BY;Shibley Righton ;10-12-94 ; 11 :02 Shibley Righton" 905 623 5717;* 3/ 4
ATTACHMENT #2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 94-
being a by-law to amend By-law
No. 84µ68 respecting the duties of
the Municipality of Clarington's
Fire Department
WHEREAS Council considers it to be expedient to "tend the duties of the Municipality of
Clarington's Fire Department to include certain land based water rescue and water rescue.
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON AS FOLLOWS-
1. Section. 8 of By-law No. 84-68 being a by-law to provide for the establishment and
regulation of a Fire Department for the Municipality of Clarington is amended by:
(a) renumbering Section 8(u) as Section 8(v);
(b) deleting from renumbered Section. 8(v)(i) the word "and" as it appears after
the words "fire prevention", and adding the words "land based water rescue
and water rescue" after the words "fire suppression" in renumbered Section
8(v)(i); and
(c) adding a new Section 8(u) as follows:
"(u) undertake the following:
(i) land based water rescue in the Municipality of a person where
the rescuer is tied or secured to the shore or bank of the creek,
river, pend or marsh in question, and
water rescue in the Municipality of a person in where the
rescuer effects or attempts to effect a rescue on a cheek, 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
q1 1,
SENT BY:Shibley Righton ;10-12-94 ; 11 :03 ; Shibley R10ton—, 905 623 5717;# 4/ 4
.2-
of a creek or river draining into lake Ontario located in Lake Ontario
rfeyond the projection of the high water line of sake Ontario at the
time at which the particular land based water rescue or water rescue
takes place.
2. Ibis Bylaw 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 — day of October, 1994,
BY-LAW read a third time and finally passed this day of October, 1994.
Diane Hamre, mayor
atff . arrie, er
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